Recording Caste of Accused in Police Records Serves No Legitimate Purpose; Allahabad HC Directs UP Govt to Delete Caste from All Police Forms - 2025-09-22

Allahabad High Court Bans Mention of Caste in Police Records, Calls Practice a Threat to Constitutional Morality

Allahabad, UP – In a landmark judgment with far-reaching implications for policing and social justice, the Allahabad High Court has directed the Uttar Pradesh government to immediately cease the practice of mentioning the caste of accused persons, complainants, or witnesses in all police records, including FIRs, seizure memos, and charge sheets. Hon'ble Mr. Justice Vinod Diwakar, while dismissing a petition to quash criminal proceedings in a liquor smuggling case, launched a powerful critique against the "unfortunate" and "unlawful" practice, declaring it a relic that undermines the constitutional vision of a casteless society.

The court issued a series of sweeping directions to the state government to amend all police forms and remove caste identifiers from public displays at police stations, alongside recommendations to the Union Government to regulate caste glorification on vehicles and social media.

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Case Background

The matter originated from an application filed by Praveen Chetri under Section 482 of the Criminal Procedure Code, seeking to quash criminal proceedings against him. He was arrested on April 29, 2023, along with others, for allegedly smuggling liquor from Haryana to Bihar in vehicles with fake number plates. The police recovery memo and FIR identified the accused not just by name but also by their castes: Mali, Pahadi Rajput, Thakur, Punjabi Parashar, and Brahmin.

While the court ultimately found a prima facie case against Chetri and dismissed his plea, Justice Diwakar took suo motu cognizance of the investigating officer's mention of caste, deeming it a matter of grave constitutional importance.

Arguments and Court's Scrutiny

The court directed the Director General of Police (DGP), UP, to file a personal affidavit justifying the practice. The DGP argued that mentioning caste was necessary for:

1. Avoiding confusion in identifying accused persons with similar names.

2. Compliance with the Crime and Criminal Tracking Network and Systems (CCTNS) forms, which can only be amended by the Central Government.

3. Identifying victims eligible for benefits under laws like the SC/ST (Prevention of Atrocities) Act .

Justice Diwakar systematically dismantled these justifications, terming them a "legal fallacy." The court observed that modern identification tools like Aadhaar cards, mobile numbers, fingerprints, and detailed physical descriptions render caste-based identification obsolete and regressive.

"In the first quarter of the 21st century, the police still rely on caste as a means of identification. It's unfortunate... This Court is not impressed with the reasoning of the Director General of Police."

The court further held that "public order (policing)" is a state subject, empowering the state government to amend its forms to align with constitutional morality, an action it had regrettably failed to take.

Constitutional Vision and Judicial Precedents

The judgment is a deep dive into the constitutional mandate to annihilate caste. Justice Diwakar invoked Dr. B.R. Ambedkar’s historic speech, reminding that "castes are anti-national" as they "bring about separation in social life." He cited several Supreme Court judgments, including Indra Sawhney v. Union of India and Shama Sharma v. Kishan Kumar , which have repeatedly held that achieving a casteless society is an ultimate constitutional aim and directed courts to stop mentioning the caste/religion of litigants.

The court poignantly noted the psychological and social damage caused by caste-based profiling:

"The investigative impartiality and enforcement neutrality must be consciously cultivated, especially in a society where caste is pervasive. Writing or declaring the caste of an accused- without legal relevance- amounts to identity profiling, not objective investigation. It reinforces prejudice, corrupts public opinion, contaminates judicial thinking, violates fundamental rights, and undermines constitutional morality."

Final Decision and Sweeping Directions

While dismissing Praveen Chetri's petition on its merits, the court issued extensive directions to the Uttar Pradesh government, including:

- Deletion of Caste Columns: All entries pertaining to caste or tribe shall be deleted from police forms like FIRs, Crime Detail Forms, Arrest Memos, and Final Reports.

- Inclusion of Mother's Name: The mother’s name shall be added alongside the father’s/husband’s name in all relevant police forms for better identification.

- Removal of Caste from Police Stations: The practice of displaying the caste of accused persons on notice boards at police stations must be stopped immediately.

- Action Against Caste Signboards: Authorities must remove signboards glorifying caste or declaring areas as caste territories and frame regulations to prevent their re-emergence.

The court directed the Additional Chief Secretary (Home) and the DGP to frame and implement Standard Operating Procedures (SOPs) to ensure compliance. A copy of the order was also sent to key Union Government ministries for their consideration, marking a significant step towards systemic reform in the fight against deep-rooted caste prejudice within the state machinery.