Punjab & Haryana High Court Raises Concerns Over Mentioning Religion in FIRs
In a significant move, the Punjab & Haryana High Court has raised objections over the inclusion of an individual’s religion in the First Information Report (FIR) by the Haryana Police, terming it a
“serious issue.”
Justice Jasgurpreet Singh Puri, presiding over the bench, drew attention to a similar situation from the previous year in Punjab. He recalled,
“a similar issue had arisen last year in Punjab.”
In response to that, both the Assistant Inspector General of Police and the Punjab Director General of Police (DGP) had come forward with affidavits. These affidavits clearly stated that
“henceforth the religion of a person will not be mentioned in the FIRs.”
Further solidifying this stance, the DGP had also issued a Circular which declared,
“religion or caste of the accused, victim or witnesses shall not be mentioned in the FIR or other official documents prepared during the course of the investigation.”
However, there were specific exceptions to this rule, especially in cases where it was deemed absolutely necessary, such as those “related to Section 153-A, Section 295-A of IPC, etc.”
Despite these proactive measures, the court expressed its dismay over the lack of progress in Haryana. The court lamented,
“despite such developments, there is no improvement so far as State of Haryana is concerned.”
Consequently, the court has issued a directive to the DGP of Haryana, asking him to present an affidavit that details the corrective measures that will be undertaken to rectify the situation.
This issue came to the forefront during the bail plea proceedings of a woman embroiled in a financial dispute. The case has been slated for a review on September 18, during which the affidavit is expected to be filed.
Highlighting the broader context, it’s imperative to note that in March 2019, the Punjab and Haryana High Court had made a landmark observation against the age-old
“colonial legacy”
practice of specifying caste status in criminal proceedings. The court had firmly stated that
“the caste system is profoundly illogical and is also against the basic tenets of the Constitution.”
