The Allahabad High Court asked the UP DGP to explain why caste is mentioned in FIRs, highlighting concerns of bias and discrimination. The Court stressed that such practices may go against constitutional values and social justice.
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UTTAR PRADESH: The Allahabad High Court asked the Uttar Pradesh Director General of Police (DGP) to explain why the caste of suspects or other people is mentioned in First Information Reports (FIRs).
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Justice Vinod Diwakar pointed out that mentioning caste in FIRs can create bias and lead to unfair treatment, especially for weaker sections of society.
“The Director General of Police is directed to file a personal affidavit, before the next date of hearing, justifying the requirement and relevance of mentioning the caste of a suspect or a group of persons in an FIR or during a police investigation in a caste-ridden society, where social divisions continue to influence law enforcement practices and public perception,”
-the Court ordered.
The judge said that India’s Constitution does not allow caste-based discrimination. He stressed that every citizen must be treated equally and fairly under the law.
He also mentioned that the Supreme Court has already disapproved of using caste and religion in legal documents. The Supreme Court believes that writing caste and religion in legal matters has no real purpose and can spread discrimination.
“Hence, the affidavit shall address whether such reference to caste serve any legal necessity or inadvertently perpetuate systemic discrimination, contradicting constitutional values and judicial precedents promoting social justice,”
-the Court ordered in an order passed on March 3.
The case in which this issue came up was about a petition asking for the cancellation of a case filed by the Etawah police in 2023. The case was registered under different sections of the Indian Penal Code and the Excise Act.
The petitioner, who is accused in the case, was traveling in a car in 2023 when the police found 106 bottles of whisky labeled “for sale in Haryana only.” During questioning, he allegedly gave information that led the police to stop another car. In that car, the police found 237 more bottles of whisky.
According to the prosecution, the accused is the leader of a gang that smuggles liquor from Haryana and sells it in Bihar at higher prices. The prosecution also claimed that he often changes the number plates of vehicles to avoid being caught.
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After carefully reading the FIR, the Court noticed that the caste of all accused persons was mentioned in the document. Because of this, the Court has now asked the DGP to explain why caste details are included in FIRs.
The next hearing of the case is scheduled for March 12.
The accused were represented by lawyers Prashant Sharma and Surendra Pratap Singh.
CASE TITLE:
Praveen Chetri v. State of UP and Another.
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