SC Directs Police to Curb Arbitrary Arrests of Denotified Tribes

In a landmark ruling, the Supreme Court has mandated that police authorities adhere to the guidelines set forth in the cases of Arnesh Kumar v. State of Bihar (2014) and Amanatullah Khan v. The Commissioner of Police, Delhi (2024) to prevent arbitrary arrests of members belonging to Denotified Tribes.

The Court emphasized the necessity of these guidelines to combat caste-based discrimination in prisons, declaring, “The police is directed to follow the guidelines issued in Arnesh Kumar and Amanatullah Khan to ensure that members of Denotified Tribes are not subjected to arbitrary arrest.”

The directive comes in response to a Public Interest Litigation (PIL) filed by journalist Sukanya Shantha of The Wire, which sought the repeal of provisions in the State Prison Manual/Rules that perpetuate caste-based discrimination.

The petition argued that the existing prison framework fails to adequately address the systemic biases faced by Denotified Tribes, who are often labeled as habitual offenders due to historical injustices stemming from the now-repealed 1871 Criminal Tribes Act.

This Act wrongfully categorized entire tribes as “criminal,” establishing a legacy of hereditary criminality that continues to stigmatize these communities.

In its judgment, the Court highlighted the excessive powers of arrest, surveillance, and the stigma imposed upon Denotified Tribes without judicial oversight.

It noted, “By declaring them as born criminals, the Act imposed unnecessary and disproportionate restrictions on their movement, forcing them into nomadism.”

The Court added that the arbitrary exercise of arrest powers reflects a colonial mindset, which has long-lasting consequences on innocent citizens, particularly marginalized communities.

The judgment further stated, “Arrests can create a stigma of criminality if not conducted diligently. Innocent individuals arrested based on stereotypes may face significant barriers in securing employment and a dignified livelihood. This makes reintegration into society nearly impossible for those who have suffered incarceration.”

The Court's directives call for strict adherence to the guidelines established in Arnesh and Amanatullah. The Arnesh ruling cautioned against the misuse of arrest powers, stating that such actions not only humiliate individuals but also curtail their freedoms.

The judgment noted, “The power to arrest has become a lucrative source of police corruption, with the attitude of arresting first and investigating later being utterly despicable.”

Meanwhile, the Amanatullah ruling underscored the importance of protecting the identities of minors associated with alleged offenders. The Court determined that the police must exercise heightened caution in handling sensitive information, reiterating that details of minor relatives should only be included in internal police documents if evidence of their complicity exists.

The Supreme Court's ruling marks a significant step toward ensuring the rights of Denotified Tribes and addressing the systemic issues of caste-based discrimination within the Indian justice system.

Authorities are now urged to implement these guidelines rigorously to protect the rights and dignity of marginalized communities.

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