Allahabad High Court bans mention of caste in police records, orders action against caste stickers on vehicles

The Allahabad High Court recently directed the Uttar Pradesh government and its Director General of Police (DGP) to amend the police manuals to prohibit the disclosure of caste in investigations and related public records [Praveen Chetri v State of UP and Another].

Justice Vinod Diwakar also called for amending the Central Motor Vehicle Rules (CMVR) to explicitly ban caste-based slogans and caste identifiers on all private and public vehicles. It also called for their removal and imposition of fines on vehicle owners.

“The entries, in paragraph and column pertaining to the requirement of caste or tribe shall stand deleted, whereas the Mother’s Name shall be added along with the name of father and husband in all the aforesaid FORMATS annexed with the counter affidavit filed by Director General of Police, UP,” the Court ordered. 

It also directed that the caste column on the notice boards installed at police stations be also deleted. However, the Court clarified that there would be exemption in cases where there is a statutory requirement for mentioning caste, like in cases registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act).

“The aforesaid directions shall be applicable in the territorial jurisdiction of Uttar Pradesh and are optional for the central government, as it was not before this Court,” the Court said.

The Court reasoned that in India, caste is not merely a matter of discrimination but also a significant aspect of identity and the assertion of power. It disagreed with the police’ stand that identification of accused based on caste helps them avoid any confusion. 

“In the first quarter of the 21st century, the police still rely on caste as a means of identification. It's unfortunate. This is particularly untenable when modern tools such as body cameras, mobile cameras, fingerprints, Aadhar cards, mobile numbers, and parental details (Mother and Father, both) are available. In addition, the Formats themselves already contain extensive descriptive fields relating to the accused, including sex, date/year of birth, build, height (in centimetres), complexion, identification marks, deformities/peculiarities, teeth, hair, eyes, habits, dress habits, language/ dialect, burn marks, leukoderma, moles, scars, and tattoos, if any. Therefore, this Court is not impressed with the reasoning of the Director General of Police,” the Court said.

On the argument that the amendments would have to be carried out by the Union government or the National Crime Records Bureau (NCRB), the Court said the public order is state subject and the State is empowered to amend the contents of official documents.

“In a caste-ridden society where deep-rooted social divisions continue to shape both public perception and law enforcement practices, it becomes both necessary and appropriate to re-examine the practice of recording caste and religion in police reports and public documents,” the Court said.

The single-judge took up the issue while dealing with a quashing petition filed by an accused in a case of illegal possession and transportation of liquor. The Court, having observed that the investigating officer had mentioned the caste of the accused, asked the DGG to justify its relevance for the investigation.

The DGP in his response justified the mentioning of caste. Taking a strong exception to the DGP’s stand, the Court said,

“In the Court’s view, the DGP, coming from a third-world background, appears to have little exposure to the complex realities of Indian society and the demands of professional policing. True legal and professional acumen necessarily requires an understanding of society—its nature, its functioning, and its constitutional values. Yet, despite holding the state's highest police office, he conducted himself like an ivory-tower policeman, detached from constitutional morality, and eventually retired merely as a bureaucrat in uniform.”

On the caste divide in the society, the Court said that the law enforcement agencies are not immune from societal biases. The investigative impartiality and enforcement neutrality must be consciously cultivated, especially in a society where caste is pervasive, it added.

The Court opined that writing or declaring the caste of an accused without legal relevance amounts to identity profiling. It reinforces prejudice, corrupts public opinion, contaminates judicial thinking, violates fundamental rights and undermines constitutional morality, the Court opined.

“They often reflect, reproduce, and sometimes intensify caste-based prejudices. It becomes necessary to deal with the cognitive behaviour of law enforcement officials in India when influenced by caste-ridden thought, combining insights from the conduct infused by social psychology, and behavioural patterns reflected in contemporary cases. This is evident from discrimination and segregation in the education and justice departments that remain rampant across India, driving inequality in education, life opportunities, and in justice delivery system.”

The Court also highlighted the resurgence of caste identifiers in public and digital spaces and called it a coded assertion of social power that contradicts India's constitutional values. 

“In the northern part of India - in States like Uttar Pradesh, Haryana, Punjab, Rajasthan, and parts of Madhya Pradesh and Bihar - individuals commonly mark their cars, bikes, and sometimes homes with caste identifiers. Vehicles adorned with caste emblems, slogans or even warnings,” the Court said.

The Court also commented on such trends on social media, stating that the rise of digital platforms like Instagram, YouTube Shorts, and Facebook Reels has given young caste-identified individuals a platform for performance

“These reels often romanticize caste aggression and dominance, rural masculinity, and regressive honour codes. The sociopsychological, cultural, and legal dimensions of such behaviour reveal how the assertion of caste in public domains undermines constitutional morality and reflects an identity crisis rooted in historical superiority and modern insecurity,” the Court said.

In this regard, the Court called for strengthening the provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to flag and act against caste-glorifying, hate-inducing content on social media.

Meanwhile, the Court also noted that certain disgruntled elements, driven by false caste pride and caste narcissism, have installed signboards glorifying caste and declaring specific geographical areas as caste territories or estates. 

The Court directed that such signboards or proclamations must be removed immediately and strict measures should be taken to ensure that no such boards are erected or installed in the future.

Interestingly, the Court asked the State Chief Secretary to send a copy of its order to Uttar Pradesh Chief Minister for information.

Advocates Prashant Sharma and Surendra Pratap Singh represented the accused.

Advocate Amrit Raj Chaurasiya represented the State.

[Read Order]