Today, On 4th May, The Supreme Court criticised Odisha courts for imposing caste-coloured bail conditions requiring Dalit and Adivasi accused to clean police stations, directing all courts nationwide to stop such oppressive practices. The Court called the conditions degrading, humiliating and unconstitutional.
The Supreme Court slammed Odisha courts for directing Dalit and Adivasi accused to clean police stations as a bail requirement. The the Court said this year,
“Caste-Coloured And Oppressive Conditions, Degrading And Humiliating Conditions, Violative Of The Human Rights,”
The Supreme Court strongly objected to decisions by courts in Odisha that required certain accused persons largely Dalits and Adivasis as a condition for bail to clean police stations.
A Bench led by Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi stated that such directions violate human rights and undermine the personal dignity of individuals.
The Court said it was deeply disappointed by what it described as a regressive mindset in the way the Odisha judiciary handled the matter, calling it a violation of human rights that targets the dignity of the accused.
The Court remarked,
“We are deeply disappointed and disheartened, and express our strongest disapproval at the manner in which the Odisha State judiciary has, in fact regressed to a colonial mindset by imposing such onerous, degrading and humiliating conditions, which are ex-facie violative of the human rights. Such conditions, far from advancing the cause of justice, strike at the dignity of the accused, and proceed on the premise of guilt, which is completely impermissible in law,”
The Court further emphasized that these bail conditions reveal caste bias against marginalized communities, noting that the burden is imposed mainly because the accused belong to historically disadvantaged groups.
The Court further instructed all courts not to impose such a bail condition in any future orders. As the Court observed,
“We are of the considered view that no other state judiciary shall also ought to impose such caste-coloured and oppressive conditions, which have the potential to generate serious social friction,”
The Court also directed that a copy of the order be circulated to all High Courts throughout the country.
Reminding the courts of their constitutional responsibility, the bench remarked that the situation highlighted serious concerns about fairness and equality in the justice system.
The Court emphasised the issue by stating,
“It has been rightly reported that it exposes bias of judiciary since accused belongs to marginalised community and thus justified to subject them to such burdensome requirement. It has been submitted that such conditions are not while granting bail to those who are well off. The nature of conditions is so cruel and abhorrent that it has the capacity to project Odisha judiciary as caste based. The most inalienable gift by the people through the constitution was casteless society through substantive equality. Judiciary is expected to protect such rights. In the 75 years of constitutional journey, judiciary has ensured that might of the state cannot undermine the rights of the people,”
When the Supreme Court took up the suo motu matter for hearing today, the Bench noted that several bail conditions imposed by courts in Odisha were highly improper.
While addressing Odisha’s Advocate General, Pitambar Acharya, Chief Justice Surya Kant stated,
“Unfortunately, the High Courts and some trial courts in Odisha are imposing some bail conditions, which are obnoxious, and reflecting caste-based bias.. and are bringing a bad name to the judiciary. Directing the accused to clean the police station for two months… We do not expect the judiciary to act and behave in 2026. We spent 76 years for the liberty and this is how are repaying.”
Earlier, The Supreme Court has initiated a suo motu proceeding to scrutinize contentious bail conditions set by the Orissa High Court and certain trial courts in Odisha, where accused persons were ordered to clean police stations.
The practice has drawn significant criticism regarding the dignity and fairness afforded to those involved.
The Court’s move follows recent media reports including a report published by Article 14 last week highlighting bail conditions imposed in cases linked to anti-mining protests in the state.
Article 14.com describes itself as a legal and public interest journalism platform focused on justice and equality, and the report noted that the accused affected by these conditions belonged to Dalit and Adivasi communities.
The report cited a specific High Court order, referring to an Orissa High Court decision dated May 28, 2025, which directed one Kumeswar Naik to: “clean the premises of the Kashipur Police Station every morning between 6:00 a.m. and 9:00 a.m. for two months.”
According to the report, eight similar orders were issued between May 2025 and January 2026. Of these, seven were passed by courts in Rayagada district, while one was passed by the High Court itself. Among the eight applicants, six were from the Dalit community and two were Adivasi.
Case Title: In Re : Condition Being Imposed While Granting Bail By High Court Of Orissa and District Courts in the State of Odisha and ancillary issues , SMW(Crl) 2/2026