In the Indian context the term De-notified tribes’ refers to

1. Scheduled Tribes (STs): Constitutional Basis (basic)

To understand the criminal justice framework in India, we must first understand who the Scheduled Tribes (STs) are from a legal and constitutional perspective. In India, a community is not 'automatically' a Scheduled Tribe just because they live in a forest or follow traditional customs. Instead, 'Scheduled Tribe' is a legal status granted under the Constitution of India. Under Article 366(25), STs are defined as those groups or communities that are scheduled in accordance with Article 342. This means the identity of an ST is rooted in a formal list maintained by the government to provide them with specific protections and rights.

The process of identifying these tribes is rigorous. Under Article 342, the President, after consulting with the Governor of a State, specifies the tribes or tribal communities through a public notification. Once this list is created, only Parliament has the power to include or exclude any group from it. Historically, the criteria for this 'scheduling' have included signs of primitive traits, distinctive culture, geographical isolation, shyness of contact with the community at large, and backwardness.

Beyond identification, the Constitution provides a robust protective framework to ensure these communities are not exploited. Key provisions include:

• Political Reservation: Seats are reserved for STs in the Lok Sabha and State Legislative Assemblies based on their population ratio (Articles 330 and 332). This was recently extended until 2030 by the 104th Amendment Act of 2019 Indian Polity, M. Laxmikanth, Special Provisions Relating to Certain Classes, p.557.
• Service Claims: Under Article 335, the claims of ST members are considered for appointments to public services of the Union and States, provided they maintain administrative efficiency Indian Polity, M. Laxmikanth, Special Provisions Relating to Certain Classes, p.557.

Crucially for our path on criminal justice, we must distinguish between being 'Tribal' and being 'Criminalized.' During British rule, the Criminal Tribes Act of 1871 branded many nomadic and pastoralist communities as 'criminal by birth.' These communities were forced into notified settlements and strictly monitored India and the Contemporary World - I, History-Class IX, Chapter 5, p.105. After independence, these communities were 'de-notified' in 1952. While many De-notified Tribes (DNTs) are now part of the ST list, their history with the law is one of policing and control rather than just social welfare.

Sources: Indian Polity, M. Laxmikanth, Special Provisions Relating to Certain Classes, p.557; India and the Contemporary World - I, History-Class IX, Chapter 5: Pastoralists in the Modern World, p.105

2. Constitutional Safeguards & NCST (basic)

To understand the criminal justice framework in India, we must first look at how our Constitution provides a shield for the most vulnerable. Historically, certain communities—including nomadic traders and pastoralists—suffered under the Criminal Tribes Act of 1871. The British colonial government branded these groups as “criminal by birth,” forcing them into restricted settlements and under constant surveillance. After Independence, this discriminatory law was repealed in 1952, and these communities were formally “de-notified,” meaning they were removed from the list of criminal tribes. Today, we refer to them as De-notified Tribes (DNTs). NCERT Class IX, History-Class IX, Chapter 5: Pastoralists in the Modern World, p. 105

The Constitution of India addresses these historical injustices through a multi-layered protection system. At the core is Article 46, a Directive Principle that mandates the State to promote the educational and economic interests of Scheduled Castes (SCs) and Scheduled Tribes (STs) with special care, protecting them from “social injustice and all forms of exploitation.” D. D. Basu, Introduction to the Constitution of India, MINORITIES, SCHEDULED CASTES AND SCHEDULED TRIBES, p.459. This isn't just a moral suggestion; it translates into concrete political and administrative safeguards:

Type of Safeguard	Constitutional Provision	Key Detail
Political	Articles 330 & 332	Reservation of seats in Lok Sabha and State Assemblies based on population. Extended until 2030 by the 104th Amendment Act.
Administrative	Article 335	Claims of STs are considered for appointments in public services, balancing representation with administrative efficiency.
Local Governance	Article 243T	Reservation of seats for STs in Municipalities, including a mandatory one-third reservation for women.

Finally, to ensure these rights aren't just on paper, the National Commission for Scheduled Tribes (NCST) was established under Article 338-A. M. Laxmikanth, Indian Polity, National Commission for STs, p.438. It is a constitutional body that investigates grievances and monitors how well safeguards are working. This shift—from being “born criminals” under colonial law to having a dedicated Constitutional Commission—is the foundation of our modern criminal justice approach toward marginalized tribes.

Sources: NCERT Class IX, History-Class IX, Chapter 5: Pastoralists in the Modern World, p.105; D. D. Basu, Introduction to the Constitution of India, MINORITIES, SCHEDULED CASTES AND SCHEDULED TRIBES, p.459; M. Laxmikanth, Indian Polity, National Commission for STs, p.438; M. Laxmikanth, Indian Polity, Special Provisions Relating to Certain Classes, p.557

3. Particularly Vulnerable Tribal Groups (PVTGs) (intermediate)

While the Constitution provides protections for Scheduled Tribes (STs) as a whole, the government realized early on that tribal communities are not a monolith. Some groups are significantly more vulnerable than others due to their isolation, stagnant populations, and lack of modern technological advancement. To address this, the Dhebar Commission (1960-61) highlighted that there is a "lower layer" within the Scheduled Tribes who require more focused state intervention Indian Polity, M. Laxmikanth (7th ed.), Scheduled and Tribal Areas, p.416. This led to the creation of a separate category in 1975 called "Primitive Tribal Groups" (PTGs), which was renamed Particularly Vulnerable Tribal Groups (PVTGs) in 2006.

To be classified as a PVTG, a community typically meets four specific criteria established by the Ministry of Home Affairs:

• Pre-agricultural level of technology: They often rely on hunting, gathering, or shifting cultivation (jhum).
• Stagnant or declining population: Unlike the general population, their numbers are either not growing or are actually shrinking.
• Extremely low literacy: Literacy levels are significantly lower than the average ST population.
• Subsistence level of economy: They live at a hand-to-mouth level with very little surplus or market participation.

Currently, there are 75 identified PVTGs across 18 States and the Union Territory of Andaman & Nicobar Islands. From a criminal justice perspective, these groups are often at a disadvantage because their traditional customary laws may clash with modern statutory law, and their extreme isolation makes them vulnerable to exploitation or lack of access to legal redress. Historically, some of these groups—especially those with nomadic lifestyles—were also caught under the net of the Criminal Tribes Act of 1871, which we will explore further when discussing De-notified Tribes (DNTs).

Sources: Indian Polity, M. Laxmikanth (7th ed.), Scheduled and Tribal Areas, p.416

4. Nomadic and Semi-Nomadic Tribes (N&SNT) (intermediate)

In our study of the Indian criminal justice framework, we must address a historical injustice that continues to impact millions: the classification of Nomadic and Semi-Nomadic Tribes (N&SNT). To understand this, we first differentiate between the two: Nomads are wandering groups who do not have a fixed habitation, while Semi-Nomads are those who are nomadic for part of the year but return to a fixed base for the rest. Historically, these groups included pastoralists (like the Gujjar Bakarwals), craftsmen, and traders who moved across regions to sustain their livelihoods.

The turning point for these communities was the Criminal Tribes Act (CTA) of 1871 enacted by the British colonial government. The British were deeply suspicious of mobile populations because they were difficult to monitor, tax, and control. Under this Act, many nomadic and semi-nomadic communities were officially branded as "criminal by birth." This meant that every member of the tribe, including children, was legally considered a criminal regardless of their actions. They were often forced into notified settlements, where their movement was strictly restricted and they were kept under constant police surveillance. NCERT Class IX History: Pastoralists in the Modern World, Chapter 5, p.105.

After India gained independence, a significant legal shift occurred. In 1952, the government repealed the 1871 Act, effectively "de-notifying" these communities. This gave birth to the term De-notified Tribes (DNT). It is a common misconception to use "Nomadic" and "De-notified" interchangeably. While many DNTs are nomadic, the label "De-notified" specifically refers to those who were once classified as criminals under the CTA. Following the repeal, many states replaced the CTA with Habitual Offenders Acts, which, while focusing on individuals rather than entire tribes, often continued the cycle of police surveillance and social stigma for these vulnerable groups.

Sources: NCERT Class IX History: Pastoralists in the Modern World, Chapter 5, p.105

5. Colonial Policing and Social Justice (intermediate)

To understand the roots of social injustice in India's criminal justice framework, we must look at how the colonial state viewed movement and stability. The British government had a deep-seated preference for a settled population. From their perspective, people living in fixed villages with identifiable lands were easy to monitor, tax, and control. In contrast, nomadic groups—who moved across borders for trade, grazing, or craftsmanship—were seen as elusive and suspicious. This led to a colonial logic where settled communities were equated with being "law-abiding," while nomadic groups were viewed as inherently criminal India and the Contemporary World - I, Chapter 5, p.105.

This prejudice was codified into law through the Criminal Tribes Act (CTA) of 1871. This Act was a landmark in social injustice: it officially branded hundreds of communities—including pastoralists, traders, and craftsmen—as "Criminal Tribes." Crucially, these groups were not accused of specific crimes; rather, they were declared criminal by birth and nature. Once a tribe was "notified" under this Act, its members were forced to live in restricted village settlements and were prohibited from moving without permits. This transformed entire communities into hereditary prisoners of the state, subjecting them to decades of systemic harassment and social stigma Exploring Society: India and Beyond, The Colonial Era in India, p.106.

Feature	Colonial Perception of Settled People	Colonial Perception of Nomadic/Tribal Groups
Legal Status	Peaceable and law-abiding.	Inherently criminal (Criminal by birth).
State Interest	Fixed land rights; easy to tax.	Difficult to track; seen as a threat to order.
Control Mechanism	Village administration and revenue records.	Criminal Tribes Act; notified settlements.

The legacy of this law did not end overnight with Independence. While the 1871 Act was eventually repealed in 1952, the communities previously listed did not simply blend into the mainstream. They came to be known as De-notified Tribes (DNTs)—referring to their removal from the colonial "notification" list India and the Contemporary World - I, Chapter 5, p.105. Despite being "de-notified," many of these groups continue to face the "victimhood of past and present colonialism," often struggling with social exclusion and the lingering suspicion of local policing systems Geography of India, Cultural Setting, p.15.

Sources: India and the Contemporary World - I (NCERT), Pastoralists in the Modern World, p.105; Exploring Society: India and Beyond (NCERT), The Colonial Era in India, p.106; Geography of India (Majid Husain), Cultural Setting, p.15

6. The Criminal Tribes Act (CTA), 1871 (exam-level)

To understand the evolution of India's criminal justice system, we must examine one of the most discriminatory pieces of colonial legislation: the Criminal Tribes Act (CTA) of 1871. The British colonial government operated on a logic of 'settled governance.' They preferred a population that lived in fixed locations with clearly defined rights and obligations, as such people were easier to identify, tax, and control India and the Contemporary World - I. History-Class IX, Chapter 5: Pastoralists in the Modern World, p. 105. Consequently, those who were mobile—such as nomadic pastoralists, traders, and craftsmen—were viewed with deep suspicion. The colonial state equated nomadism with disorder and criminality, leading to the enactment of the CTA.

The defining feature of the Criminal Tribes Act was the radical and unscientific notion of 'criminality by birth.' Under this law, entire communities were 'notified' as criminal tribes, meaning every member of the community was legally considered a criminal from the moment they were born, regardless of their individual actions. Once a community was notified, its members were forced to live in notified village settlements and were often forbidden from moving without a permit. This system of surveillance and restricted movement essentially turned these settlements into open-air prisons, disrupting traditional livelihoods and social structures Exploring Society: India and Beyond, Social Science, Class VIII, The Colonial Era in India, p. 106.

Upon India's independence, this systemic injustice was addressed. In 1952, the Government of India repealed the Criminal Tribes Act. The communities that had been 'notified' under the old law were now 'de-notified,' leading to the modern term De-notified Tribes (DNTs). It is important to distinguish DNTs from other nomadic or tribal groups; 'De-notified' specifically refers to those who bore the historical stigma of being classified as 'criminal' by the 1871 Act. Today, while the legal 'criminal' label is gone, these communities often still face social marginalization and are the focus of specific welfare policies to rectify historical wrongs.

Feature	Colonial Classification (1871)	Post-Independence Status (1952)
Legal Term	Criminal Tribes	De-notified Tribes (DNTs)
Assumption	Criminality is hereditary/by birth.	Criminality is an individual act; communities are free.
Movement	Confined to notified settlements.	Freedom of movement (Constitutional right).

Sources: India and the Contemporary World - I. History-Class IX, Chapter 5: Pastoralists in the Modern World, p.105; Exploring Society: India and Beyond, Social Science, Class VIII, The Colonial Era in India, p.106

7. De-notified Tribes (DNTs): The 1952 Repeal (exam-level)

To understand the term De-notified Tribes (DNTs), we must first look at the colonial logic of the 19th century. The British administration preferred a settled population because it was easier to monitor, tax, and control. In contrast, nomadic communities—pastoralists, traders, and craftsmen—were viewed with deep suspicion. This led to the passage of the Criminal Tribes Act (CTA) of 1871, which classified several communities as "Criminal Tribes." Crucially, these groups were not accused based on individual crimes, but were declared criminal by birth and nature India and the Contemporary World - I. History-Class IX, Chapter 5, p. 105. Once a community was "notified" under this Act, its members were forced to live in notified village settlements and were subject to constant police surveillance and movement restrictions. The impact was devastating, as it institutionalized social stigma against entire families and generations. Following India's independence, the newly formed government moved to rectify this colonial injustice. After the Constitution came into effect, the Criminal Tribes Act was repealed in 1952. The communities that were previously listed (notified) under the colonial act were then "de-notified," giving rise to the name De-notified Tribes. It is important to distinguish DNTs from other categories. While many DNTs are nomadic, the term "De-notified" specifically refers to their legal history of being removed from the list of criminal tribes, rather than just their lifestyle as pastoralists or aboriginals India and the Contemporary World - I. History-Class IX, Chapter 5, p. 105. Despite the repeal, these communities often continue to face social marginalization and are a focus of modern social justice policies.

Sources: India and the Contemporary World - I. History-Class IX, Pastoralists in the Modern World, p.105

8. Solving the Original PYQ (exam-level)

This question brings together your understanding of colonial legislative history and the post-independence legal reforms in India. To arrive at the correct answer, you must connect the term "De-notified" to its historical root: the Criminal Tribes Act of 1871. During British rule, specific communities were "notified" as being criminally inclined by birth, a label used to restrict their movement and enforce surveillance. When you see the prefix "De-" in this context, it signifies the reversal of that colonial status, which occurred when the restrictive Act was finally repealed in 1952.

To reason through this like a seasoned aspirant, look for the specific legal transition described in (D) tribes which were earlier classified as criminal tribes. While many of these groups were indeed nomadic or forest-dwellers, the term "De-notified" specifically targets their legal standing rather than their lifestyle or economic activities. As noted in India and the Contemporary World - I. History-Class IX . NCERT(Revised ed 2025), these communities were forced into settlements until the law was repealed, at which point they were "de-notified" from the list of criminal tribes.

UPSC often uses overlapping characteristics as traps. Option (B) is a common pitfall because many De-notified tribes (DNTs) are nomadic, but "nomadic" describes their migration pattern, not the legal history the term "De-notified" represents. Similarly, options (A) and (C) refer to ethnic origins (aboriginals) or agricultural practices (shifting cultivation), which are governed by different sets of laws and social classifications. Always look for the precise legal-historical definition when faced with terminology derived from colonial-era statutes.