No caste references, signage, rallies: UP orders compliance with Allahabad HC directive

Vehicles with caste tags, stickers to invite fine, no mention of caste in FIRs; govt enforces sweeping changes following September 16 Allahabad high court order

There will be no caste references in police investigations and records related to complainants, accused, witnesses, while vehicles displaying caste-based stickers or slogans will be fined under the Motor Vehicles Act, the Uttar Pradesh government has ordered in compliance with an Allahabad high court directive dated September 16 that was aimed at eliminating caste-based discrimination.

The Uttar Pradesh government has asked officials to ensure “immediate and effective compliance” with the order. (REPRESENTATIVE IMAGE)

Along with this, caste-based signboards and banners in towns and cities that glorify any caste will invite action and vehicles with caste tags will be fined, the government order said.

Caste-based rallies organised for political purposes will be completely banned in Uttar Pradesh as these exacerbate caste conflicts in society, which are contrary to “public order” and “national unity,” said the order issued by officiating chief secretary Deepak Kumar late on Sunday night.

Strict monitoring should be done on social media messages glorifying or condemning any caste, the government order said. Strict action should also be taken against those who spread caste hatred or incite caste sentiments through social media, it added.

The Uttar Pradesh government has asked officials to ensure “immediate and effective compliance” with the order and train subordinate officers to raise awareness about the new policy. The order was issued to all police units and district administrations.

The court made these observations while dealing with a Section 482 (inherent powers of high court) of the CrPC petition, where the FIR and seizure memo contained caste details of the accused.

In compliance with the high court order, the state government has issued the following instructions:

Police records

Until the National Crime Records Bureau makes necessary changes in the Crime and Criminal Tracking Network and Systems (CCTNS) portal, all data entry personnel should leave the non-mandatory fields for entering caste information in the CCTNS blank, the state government’s order said.

Noticeboards in police stations

The caste of the accused should not be mentioned along with their names on police station noticeboards, according to the state government order.

Arrest memos

The caste of the accused should not be mentioned in the recovery panchnama, arrest memo, and personal search memo.

Mother’s name

The name of the accused’s mother should also be mentioned along with the name of the accused’s father in police records.

Vehicles

Vehicles with caste tags or slogans/stickers glorifying caste in public places should be challaned under the relevant sections of the Central Motor Vehicles Act, 1988.

Vehicles with caste tags will be fined. Vehicles often display slogans like “I am a Jat,” “Thakur Saheb,” and “Pandit Ji.” Now, such vehicles will be fined under the Motor Vehicles Act.

Signboards in towns, tehsils

In towns, tehsils, and district headquarters, effective steps should be taken to immediately remove signs or announcements glorifying caste or declaring geographical areas as caste-specific areas or estates by certain elements, and to prevent the installation of such signs in the future, the state government order said.

Ban on caste-based rallies

Caste-based rallies organised for political purposes exacerbate caste conflicts in society, which are contrary to “public order” and “national unity.” These will be completely banned in the state of Uttar Pradesh, according to the state government’s order.

Social media

Strict monitoring should be maintained on social media messages glorifying or condemning any caste. Strict action should be taken against those who spread caste hatred or incite caste sentiments through social media.

Exception

Exemption has been provided with regard to the caste name under any Act where there is a legal obligation. For instance, the investigating officer investigating the offences committed under the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, may mention the caste of the accused and the victim.

The case

The high court’s September 16 order came in the ‘Praveen Chetri vs State of UP’ case.

On April 29, 2023, police personnel from Etawah’s Jaswant Nagar police station stopped a car, arresting three people, including Praveen Chetri.

Around 106 bottles of whisky, intended for sale in Haryana, were recovered from the vehicle, along with a fake license plate. The castes of the accused were listed as Mali, Pahadi Rajput, and Thakur in the seizure memo.

Based on this information, another car was stopped, from which 254 more bottles of liquor were recovered. The caste of the owner of the second car was listed as Punjabi, Parashar, and Brahmin.

The accused confessed to smuggling liquor from Haryana to Bihar and naming Praveen Chhetri as their gang leader.

Following this, Praveen Chetri filed a petition in the Allahabad high court seeking quashing of criminal proceedings.

During the hearing on September 16, the Allahabad high court strongly objected to the inclusion of caste in the FIR and seizure memo, stating, “This practice is legally wrong, undermines constitutional morality, and poses a serious challenge to democracy.”

Following this, the high court ordered the government to ensure that caste-based information should not be displayed in police records and public places. The caste column should be removed from FIRs, arrest memos, recovery reports, and final reports.

Platforms like Instagram, YouTube, and WhatsApp were called upon to be used to raise awareness against casteism among youth. Furthermore, the creation of a portal and mobile app for citizen complaints was also suggested.