The Supreme Court issued a directive to police departments across all states and union territories, urging them to refrain from making caste-based entries in history sheets. The objective is to prevent discriminatory profiling and ensure fair treatment of individuals irrespective of their caste background.
NEW DELHI: Today (7th May): The Supreme Court independently recognized the issue of mechanical entries in police history sheets targeting individuals from socially, economically, and educationally disadvantaged backgrounds, without proper cause or justification.
READ ALSO: Supreme Court: Elder Sister’s Guardianship Depends on Courts, Not Writ Petition
The Supreme Court, comprising Justices Surya Kant and KV Visvanathan, expanded the scope of the proceedings in a case involving Aam Aadmi Party (AAP) Member of Legislative Assembly (MLA) Amanatullah Khan. The MLA had challenged the Delhi Police’s decision to label him as a ‘bad character’ and create a history sheet against him.
“In exercising our suo motu powers, we propose to extend the scope of these proceedings. This aims to encourage police authorities in other states and Union Territories to review the necessity of avoiding mechanical entries in history sheets for innocent individuals. This applies particularly to those from socially, economically, and educationally disadvantaged backgrounds, as well as those belonging to backward communities, scheduled castes, & scheduled tribes,” ordered the court.
The court expressed concern over selective mentions of individuals from certain castes in police diaries. It likened these practices to the discriminatory practices of the colonial era. In response, the court directed all state Governments to take preventive measures to ensure that socially, economically, and educationally disadvantaged communities are not subjected to unfair targeting or prejudicial treatment.
READ ALSO: Supreme Court Rejects Plea for Gujarati as Additional Court Language in Gujarat
The court emphasized the need for a periodic audit, overseen by senior police officers, to review and scrutinize entries made by the police. This measure would effectively monitor and eliminate discriminatory practices against marginalized individuals. The court stressed that such audits are crucial for upholding the right to live with human dignity, as enshrined in Article 21 of the Indian Constitution.
The Court referenced specific studies revealing a prejudiced and discriminatory mindset within the police force, particularly evident in the selective profiling of individuals based on their caste affiliations.
“Allegations suggest that police diaries are discriminatorily maintained for individuals belonging to Vimukta Jatis, solely driven by caste biases, reminiscent of colonial-era practices.
“In response, the Court directed all state governments to implement preventive measures to protect these communities from unwarranted targeting or prejudicial treatment.
The Court stressed the importance of conducting periodic audits, overseen by senior police officers, to scrutinize entries and curb discriminatory practices.
“By ensuring effective audit mechanisms, the Court aims to eradicate such deprecated practices and uphold the fundamental right to live with human dignity, as enshrined in Article 21.
“The Court urged other states and union territories to consider revising their policies in alignment with the ‘Delhi Model,’ emphasizing the need for suitable amendments to align with the directives outlined in the order.”
Furthermore, the court urged all states and union territories to consider amending their existing policies based on the ‘Delhi Model.‘ This model, established by the Delhi Police, can serve as a blueprint for ensuring the fair treatment of individuals from marginalized communities. The court’s directions aim to address prevailing stereotypes associated with these communities and protect their right to live a life with self-respect.
Case Title: Amanatullah Khan v Delhi Commissioner of Police
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
