Can Police Record an Accused’s Caste in FIRs? Allahabad HC Says No, Slams ‘Identity Profiling’

The Allahabad High Court has come down heavily on the practice of police recording caste identities of accused persons in criminal cases, calling it unfortunate and discriminatory, even as it refused to quash proceedings against an alleged liquor smuggling kingpin.

Justice Vinod Diwakar, in the judgment dated September 16, dismissed a petition filed by 29-year-old Praveen Chhetri seeking to quash the FIR and trial proceedings in a case registered under cheating, forgery, and excise law violations.

Court observed that while a prima facie case of cross-border liquor smuggling stood established against Chhetri, the conduct of the police in repeatedly recording caste details of accused required urgent corrective measures.

Chhetri, along with four others, was arrested in April 2023 when police in Etawah intercepted a Scorpio and an Accent car carrying nearly 360 bottles of liquor labelled “For Sale in Haryana Only". Investigators also seized fake number plates and recorded confessions that the accused ferried liquor from Haryana to Bihar for profit, with Chhetri identified as their gang leader.

The accused argued before the High Court that he had been falsely implicated and had merely taken a lift in the Scorpio while returning from a relative’s funeral. He maintained that he was unaware of any liquor in the vehicle.

During the proceedings, court noted that the FIR and recovery memo mentioned the caste of each accused, Mali, Pahadi Rajput, Thakur, Punjabi Parashar, and Brahmin. Taking exception, Justice Diwakar directed the Director General of Police (DGP), U.P., to file a personal affidavit.

The DGP defended the practice, claiming it was necessary to avoid confusion between persons with similar names. He argued that existing formats under the Crime and Criminal Tracking Network System (CCTNS) often required such entries, and further contended that there was no caste-based discrimination by police.

Rejecting the explanation, court said, “In the first quarter of the 21st century, the police still rely on caste as a means of identification. It’s unfortunate". The judge noted that multiple modern tools such as Aadhaar, fingerprints, body cameras, and mobile tracking, were available for identification, making caste references unnecessary.

Court also relied on recent Supreme Court decisions prohibiting caste mention in court records and invoked Dr. B.R. Ambedkar’s warning that caste is “anti-national” and corrosive of fraternity.

“Recording caste amounts to identity profiling, not objective investigation. It reinforces prejudice, corrupts public opinion, and violates fundamental rights,” the judgment stated.

The High Court issued sweeping directions to the Uttar Pradesh government:

- Delete caste columns from FIRs, recovery memos, arrest forms, and other police documents.

- Include mother’s name along with father’s/husband’s name for identification purposes.

- Government shall issue an appropriate order to immediately delete column of the caste against the name of the accused in notice board installed       at all the police stations of Uttar Pradesh

- Remove caste-based signboards in towns and villages declaring caste territories.

- Frame SOPs to ensure caste disclosure is prohibited in investigations.

Court further recommended that the Union Government amend motor vehicle rules to ban caste slogans and identifiers on cars and strengthen digital media guidelines to curb caste-glorifying content on social media platforms. "Issue uniform circulars to RTOs and traffic departments across the state to enforce the removal of caste signage and impose heavy fines, which may act as a deterrent," the order stated.

Court also asked the government to strengthen provisions under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to flag and act against caste-glorifying, hate-inducing content on social media. 

"Support media literacy and anti-casteism campaigns targeting youth on platforms like Instagram, YouTube, and WhatsApp. May set up a Monitoring and Reporting Mechanism for citizens to enable them reporting portals and mobile apps to anonymously report violations in collaboration with (i) Ministry of Road Transport & Highways (MoRTH), (ii) Ministry of Electronics and Information Technology (MeitY), (iii) Press Council of India, and (iv) Civil society organizations working on caste equity and digital rights," court ordered.

In the case at hand, applying the Supreme Court’s ruling in State of Haryana v. Bhajan Lal, the single judge bench held that the allegations, taken at face value, clearly disclosed a cognizable offence. With liquor and fake number plates recovered on the spot, and confessions pointing to Chhetri’s leadership role, “a prima facie case is made out against the applicant,” the court held.

It clarified that disputed factual questions must be determined by the trial court, not under its inherent jurisdiction. Finding no mala fide or illegality in the proceedings, the High Court dismissed the application.

Before parting, Justice Diwakar stressed that India’s goal of becoming a developed nation by 2047 requires dismantling caste-based prejudices embedded in state institutions.

“The dignity of the nation does not emanate from lineage or caste affinity, but from adherence to constitutional morality,” the court said, underlining the urgent need for systemic reform.

Case Title: Pravin Chetri vs State of UP and Another

Order Date: September 16, 2025

Bench: Justice Vinod Diwakar