Are We Still Chasing Ghosts? Anti-Dacoity Law And Outdated Justice In Chambal
The Chambal valley, consist of north Madhya Pradesh and the adjacent districts of Uttar Pradesh and Rajasthan, has long been infamous for dacoity, though this region always been a stronghold for powerful and organized gangs of dreaded dacoits. The land of ravines combined with worsening economic conditions created a favourable environment for the rise and operation of dacoits. The rise of dacoits, which often referred to locally as “baaghis” or rebels, originates because of poverty, feudal injustice, caste conflicts, geography which helps in hides out, and local support, where dacoits were seen as rebels fighting systemic oppression and neglect. To tackle this problem government brought out The M.P. Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 (hereinafter, The Act), this law addressed dacoit crisis with stricter policing and legal measures. Though it was aimed to curb organized crime but its colonial style powers such as curtailed bail, lowered proof standards, and targeting of marginalized communities reflects India's crime controlled legacy, raising concerns about justice, civil liberties, and systemic misuse.
A Law Frozen in Time: Outdated Tools for a Transformed Terrain
The Chambal region, once infamous for dacoits has witnessed a sharp decline in traditional banditry and by march 2007, Jagjeevan Parihar, the last listed dacoit of Madhya Pradesh was killed, with state assembly records confirming the absence of listed dacoits or gangs by 2023.
There are several reason behind this transformation such as improved infrastructure and communication, in spite of this transformation the Act is still used by the authorities for pity crimes such as mobile theft or to suppress dissent. This continuous uses raise concern about its relevance, although critics argues that this law was enforced to curb organized armed gangs but now it is misused against marginalized communities and to suppress political dissenters. Vague provision of the Act such as reduced evidentiary standards and rigid bail conditions eroding the Article 21 of the Constitution and eroding the principle of “innocent until proven guilty” Reverse burden of proof, bail restrictions etc. labels also grants police to unchecked power. Vanishing of original justification of the Act fails the “reasonable nexus” test laid down in State of Rajasthan v Union of India (1977), because it enables the arbitrary policing beyond the law's intended scope. With dacoity completely eradicated, former dacoits such as Malkhan Singh notes that general criminal laws are sufficient, rendering this outdated law and excessive and unjust weapon today.
Outdated Law, Enduring Harm: How Anti-Dacoity Measures Violate Rights in Modern Chambal
India's criminal system rooted in colonial-era laws, heavily results in human right collateral, especially for the marginalized communities. Although it was originally intended to curb dacoity but long after the decline of actual dacoity activity, the law is still in use to criminalize minor offence violating its original intent. Between 2020 and February 2023 over 922 FIRs were registered under the Act in the Gwalior-Chambal region not for dacoity but for mobile thefts, protests and minor assaults.
This act's ideology rooted in colonial policing, which gave police unchecked powers such as extended detention, restricted bail, and reverse burden of proof, resulting in arbitrary arrest, custodial torture, denial of due process and leads to violation of fundamental rights such as right to life, liberty and due process which enshrined in the Article 21 of the Constitution, this situation present serious human right concern. Also, the NHRC and civil society reports shows the troubling reality of these laws such as institutionalisation of discrimination, reinforcing caste hierarchies and eroding the very idea of justice. Continuation of the Act long after fading of its original context shows that Indian's legal system's preference of “order” over individual rights. This law criminalizes identity instead of actual behaviour by turning outdated legal tool into weapon of fear. India must repeal these laws, to truly become the democracy we aspire to be. For standing up for justice, equality and dignity, repealing of such laws is necessary as they continue to harm lives. India's future should be built on right and fairness not of fears of long gone past.
Views are personal.