Criminal Tribes Act

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Ostensibly driven by an idealized notion of protecting colonial “natural resources”, the Criminal Tribes Act of 1871 stipulated punitive damages for acting against British colonial authority in an effort to further marginalize native rural groups and subsequently utilize their land. During the latter part of the 19th century, Britain’s imperial enterprise into India was stimulated by their burgeoning capitalistic society combined with the loss of hereditary land rights due to expanding factories for new markets. British colonial control in India subsequently relied on the idea of their own race as hereditarily superior to that of the natives, a belief known as environmental determinism, as first articulated by the French philosopher Montesquieu. Historian David Arnold argued that, “[For Montesquieu], everything from human physiology to religion and morality…was determined by topography and climate.” After arriving in India, the British colonists’ belief in environmental determinism painted the proverbial picture of these natives as unintelligent; the British saw their customary land practices as destructive to the natural environment and a waste of the resources that they needed to utilize to feed their growing industry. During the age of imperialism, the British had romantic notions of lush Indian forests filled with adventure that would whisk them away from the polluted cities in which they lived. While these notions were false, prior to the Criminal Tribes Act of 1871, the inherent British sense of superiority drove the passing of the 1865 (and later 1878) Forest Acts. These acts criminalized many traditional native tactics that were vital for overall forest health and growth, such as kumri. The Criminal Tribes Act of 1871 mirrored earlier colonial actions by defining “rural groups”, such as natives, as criminals via the mere “opinion of the Local

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