The Struggle of Nomads for Legal Rights and Recognition in Indian Society

Introduction: The struggle of nomads for legal rights and recognition in Indian society is a profound and often overlooked aspect of the country’s socio-legal landscape. Nomadic communities, which include various tribes and groups such as the Banjara, Gadulia Lohar, and Van Gujjars, have historically lived on the margins of society, maintaining a lifestyle that is deeply intertwined with mobility, traditional occupations, and cultural practices. However, their way of life has been increasingly threatened by modernization, urbanization, and restrictive legal frameworks that fail to accommodate their unique needs. Despite constitutional guarantees of equality and protection under Articles 14, 15, and 21 of the Indian Constitution, nomadic communities face systemic exclusion from mainstream society, often being denied access to basic rights such as education, healthcare, and housing. The lack of formal recognition as Scheduled Tribes (STs) or Other Backward Classes (OBCs) in many cases further exacerbates their vulnerability, leaving them without access to affirmative action policies designed to uplift marginalized groups. Additionally, colonial-era laws such as the Criminal Tribes Act of 1871, which stigmatized many nomadic communities as “hereditary criminals,” continue to cast a long shadow, perpetuating stereotypes and social. In recent years, activists and scholars have highlighted the need for inclusive policies that recognize the cultural and economic contributions of nomads while addressing their systemic marginalization. Efforts such as the National Commission for Denotified, Nomadic, and Semi-Nomadic Tribes (NCDNSNT) have sought to bring their issues to the forefront, yet the implementation of meaningful reforms remains slow. The struggle of nomads for legal rights and recognition is not just a fight for survival but also a call for the Indian state and society to embrace diversity and uphold the principles of justice and equality enshrined in its Constitution.