Caste Glorification 'Anti-National', Respecting Constitution 'True Patriotism': Allahabad High Court Cracks Down On Caste References In FIRs, Public Places

A bench of Justice Vinod Diwaker observed that such caste glorification is 'anti-national' and that reverence for the Constitution, rather than for lineage, is the 'highest form of patriotism' and the 'truest expression of national service'.

Significantly, the single judge said that if India has to become a truly developed nation by 2047, it is imperative that we eradicate the deeply entrenched caste system from our society.

"This goal demands sustained, multi-level efforts from all levels of government—through progressive policies, robust anti-discrimination laws, and transformative social programs", the Court remarked as it took note of the absence of a comprehensive law aimed at dismantling the caste system itself and its pervasive social influence

Importantly, the Court also came down heavily on the practice of recording caste in FIRs, recovery memos, and investigation documents, as it called such identity profiling to be violative of constitutional morality.

The bench made these observations while dealing with a Section 482 CrPC plea, in which it noted that the castes of the accused persons were mentioned in the FIR and seizure memo.

Taking strong exception to the same, the Court warned thus:

"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".

It may be noted that the Court had earlier directed the Director General of Police to justify the practice. Though the DGP defended it as a tool for avoiding identity confusion and referred to government formats, the Court rejected the justification.

The bench termed it a 'legal fallacy' as it noted that when modern tools such as Aadhar, fingerprints, mobile numbers, and parental details are available, this reasoning was outdated.

Interestingly, Justice Diwakar criticised the DGP for his reasoning, remarking that instead of showing sensitivity, the DGP conducted himself like an “ivory-tower policeman, detached from constitutional morality, and eventually retired merely as a bureaucrat in uniform”.

Furthermore, the Court lamented that despite Supreme Court orders prohibiting mention of caste in pleadings and cause titles, police in Uttar Pradesh continue to record caste in FIRs and recovery memos.

The bench termed it as 'unfortunate' that in the first quarter of the 21st century, the police were still relying on caste as a means of identification.

Against this backdrop, the Court issued the following directions to the UP Government:

• Delete caste columns from FIRs, recovery memos, arrest and surrender memos, police final reports and notice boards in police stations.
• Add the mother's name for identification along with father/husband's name.
• Remove caste identifiers and slogans from private and public vehicles by amending the Motor Vehicles Rules.
• Ensure removal of caste-based signboards declaring villages, towns, or colonies as caste territories.
• Act against caste-glorifying content on social media under the IT Rules, 2021 by complementing it with a monitoring and reporting mechanism.

The Court also directed the Registrar to send a copy of the judgment to the Chief Secretary, UP, who shall place it before the Chief Minister and to the Union Home Secretary, Ministry of Road Transport & Highways, Ministry of Electronics and IT, and the Press Council of India.

Caste is a serious threat to Secularism

Referring to Dr B.R. Ambedkar's warning that "castes are anti-national because they generate jealousy and antipathy between caste and caste", the Court said that a citizen's true pride must lie not in caste but in character, and not in legacy but in equality and fraternity.

It said that the caste system, which had been put in the grave by the framers of the Constitution, was trying to raise its 'ugly head' in various forms and that Caste poses a 'serious threat to secularism' and to the integrity of the country.

Noting that achieving a casteless society is the “ultimate aim of the Constitution, the bench remarked thus:

"Those who do not learn from the events of history are doomed to suffer again. It is, therefore, of utmost importance for the people of India to adhere in letter and spirit to the Constitution, which has moulded this country into a sovereign, socialist, secular democratic republic and has promised to secure to all its citizens justice, social, economic and political, equality of status and of opportunity".

The Court said caste glorification through vehicles, signboards and social spaces is a "coded assertion of social power that contradicts India's constitutional values" and declared that "such practices are, in effect, anti-national".

In this regard, the Court made specific mention of the rise of digital platforms like Instagram, YouTube Shorts, and Facebook Reels, which the Court said have given young caste-identified individuals a platform for performance.

"These reels often romanticize caste aggression and dominance, rural masculinity, and regressive honour codes. The sociopsychological, cultural, and legal dimensions of such behaviour reveal how the assertion of caste in public domains undermines constitutional morality and reflects an identity crisis rooted in historical superiority and modern insecurity", the Court said.

It added that Social media has become an "echo chamber for hyper-masculine caste identity, historical revisionism" (e.g., glorifying feudal lords or caste-based political leaders) and promotes a "toxic digital masculinity rooted in caste, weaponising tradition in a postmodern format".

The Court also expressed dismay at the absence of a nationwide campaign against caste prejudice, unlike those on cleanliness or gender equality.

"The law alone cannot change hearts and minds", the bench said as it urged the government to launch education and awareness programmes to eliminate caste bias, starting from schools and extending to public officials, community centres and media platforms.

The bench, in its order, also mentioned that its sole purpose in making these observations is to invoke constitutional morality and awaken a sense of compassion and justice in the consciences of those occupying the highest constitutional offices.

The bench added that the Constitutional authorities must never forget that the dignity of the Nation does not emanate from lineage or caste affinity, but from adherence to constitutional morality and the collective effort of building a strong national character.

"Pride in ancestry or social identity cannot be a substitute for the values of equality, justice, and fraternity enshrined in the Constitution. True honour for one's office, and true service to the people, lies in upholding these principles with humility and devotion. Reverence for the Constitution, rather than for lineage, is the highest form of patriotism and the truest expression of national service," the Court said.

On the merits of the case and on the petitioner's plea for quashing criminal proceedings related to alleged liquor smuggling, the Court found a prima facie case against him and dismissed the application.