Allahabad High Court questions mention of caste in FIRs, seeks DGP’s justification
The Allahabad High Court has sought an explanation from the Uttar Pradesh Director General of Police (DGP) regarding the practice of mentioning the caste of accused persons in First Information Reports (FIRs). The directive was issued by Justice Vinod Diwakar while hearing a case that raised concerns about potential institutional bias and discrimination.
In an order dated March 3, the court directed the DGP to submit a personal affidavit justifying the relevance of including caste details in FIRs or police investigations. The judge underscored that such references could contribute to social divisions and influence law enforcement practices and public perception.
“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 order stated.
Constitutional and Legal Concerns
Justice Diwakar pointed out that the Constitution of India guarantees equality and prohibits caste-based discrimination. He further noted that the Supreme Court has previously disapproved of the practice of mentioning caste and religion in legal pleadings, recognizing that such references serve no legal purpose and may reinforce societal biases.
The court has asked the affidavit to address whether including caste details in FIRs has any legal necessity or if it inadvertently perpetuates systemic discrimination, contradicting constitutional values and judicial precedents aimed at social justice.
Background of the Case
The directive was issued during a hearing on a petition seeking the quashing of a case registered by the Etawah police in 2023 under the Indian Penal Code and the Excise Act.
The petitioner was accused of being involved in the illegal liquor trade. According to the prosecution, the petitioner, who was a co-passenger in a vehicle, was apprehended after the police discovered 106 bottles of whisky labeled “for sale in Haryana only.” The police later intercepted another car based on his interrogation, recovering 237 more bottles of liquor.
The prosecution alleged that the accused was leading a network that transported liquor from Haryana to Bihar for profit while frequently changing vehicle number plates. However, after reviewing the FIR, the court noted that the caste of each accused person was explicitly mentioned, prompting it to seek an explanation from the police authorities.
The case has been scheduled for further hearing on March 12.
Legal Representation
The petitioner was represented by Advocates Prashant Sharma and Surendra Pratap Singh.
This development raises significant questions about law enforcement practices and whether they align with constitutional principles of equality and non-discrimination. The High Court’s intervention may set a precedent for reforming FIR registration procedures to ensure impartiality in legal proceedings.
