Habitual Offender Laws in India

  • March 12, 2025
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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Habitual Offender Laws in India

Sub: Polity

Sec: Legislation 

Context:

  • Legislations on “habitual offenders” continue to operate in at least 14 States and Union Territories (UTs) in India, despite the Supreme Court urging States to reconsider their necessity.
  • These laws have been criticized for being “constitutionally suspect” and for targeting members of denotified tribes.

States and UTs Where the Law is in Effect

  • States and UTs with Habitual Offender Laws: Gujarat, Uttar Pradesh, Delhi, Goa, Rajasthan, Punjab, Himachal Pradesh, Jammu and Kashmir, Karnataka, Telangana, and others.
  • Gujarat’s Stand: The law “does not intend to” harass or harm any community; hence, Gujarat opposes its repeal.
  • Telangana’s Stand: The law is more preventative than punitive, and no community is specifically notified as habitual offenders.
  • Goa’s Stand: Since there are no denotified, Nomadic, and Semi-Nomadic Tribes in the State, repealing the law is unnecessary.

States Without Habitual Offender Laws

  • States Reporting No Such Law: West Bengal, Assam, Mizoram, Tripura, Bihar, and Sikkim.
  • States That Have Repealed the Law: Haryana and Ladakh.

Supreme Court’s View on Habitual Offender Laws

  • In a landmark judgment on caste segregation in prisons (2024), the Supreme Court questioned the basis of “habitual offender” classification.
  • It termed the classification “constitutionally suspect” due to its vague and broad language and its targeting of denotified tribes.
  • The court urged States to reconsider the necessity of the law altogether.

Prison Statistics on Habitual Offenders

  • According to NCRB (2022):
    • 1.9% of India’s 1.29 lakh convict population is classified as habitual offenders.
    • Delhi has the highest proportion, with 21.5% of convicts classified as habitual offenders.

Responses from Various States

  • Punjab: No register of habitual offenders maintained; no orders passed in the last five years.
  • Andhra Pradesh: No one in jail under the habitual offender law.
  • Odisha: No cases registered under this law in the last five years.
  • Uttar Pradesh: Provisions already covered under the U.P. Control of Goondas Act, 1970.
  • Telangana: The law is termed redundant but also preventative.

Union Government’s Position

  • The Union Ministry of Home Affairs (MHA) monitors the status of these laws from time to time.
  • The Ministry of Social Justice and Empowerment revealed the latest status of these laws for 26 States and UTs in response to a question in the Lok Sabha.

Conclusion

  • The debate on habitual offender laws continues, with some States calling them redundant while others defend their utility.
  • The Supreme Court’s concerns regarding constitutional validity and targeting of vulnerable communities remain a significant aspect of the discourse.

With reference to the Habitual Offender laws in India, consider the following statements:

  1. All States and Union Territories in India have implemented habitual offender laws.
  2. The National Crime Records Bureau (NCRB) data for 2022 indicates that Delhi has the highest proportion of habitual offenders.
  3. The Union Ministry of Social Justice and Empowerment is responsible for monitoring the implementation of habitual offender laws across States.
Habitual Offender Laws in India Polity