38.6c New Delhi, India, Wednesday, April 17, 2024
Judiciary

Shunning The Caste System, P&H HC Bars Mentioning Of Caste In FIRs, Memos Etc [Read Judgment]

By LawStreet News Network      28 March, 2019 12:00 AM      0 Comments
Shunning The Caste System, P&H HC Bars Mentioning Of Caste In FIRs, Memos Etc [Read Judgment]

The Punjab & Haryana High Court on March 25, 2019, in the case of Rakesh Kumar and others v. State of Haryana, has put an end to a 'colonial legacy' practice of mentioning caste status in criminal proceedings.

A Division Bench comprising of Justice Rajiv Sharma and Justice Kuldip Singh directed the Secretaries (Home) to the Governments of Punjab, Haryana, and Union Territory, Chandigarh, to issue instructions to all the Investigating Officers not to state/mention the caste of the accused, victims or witnesses in recovery memos, FIR's, seizure memos, inquest papers and other forms prescribed under the Code of Criminal Procedure, 1973, and Punjab Police Rules.

The direction was issued by the Bench while hearing a criminal appeal in a murder case wherein the court noticed that the police have used the caste of the accused/ witnesses as well as of the victim.

To this, the court said that “This is not permissible. Mentioning of caste/status separately in the criminal proceedings is a colonial legacy and requires to be stopped forthwith. Right to dignity is a fundamental right and a basic human right. Human dignity is one of the basic features of the Constitution. The Constitution of India also guarantees a casteless and classless society. Segmentation of the society into groups cannot be determined by birth. All are born equal."

Further, the court also added that the expression, “right to life’, includes right to live with human dignity and it is the bounden duty of the State not only to protect the human dignity but to facilitate it by taking positive steps in that direction. In the German Constitution, human dignity under Article 1 is ‘inviolable’. Human dignity is the foundation of constitutional rights/ values, the court said.

The Bench observing that there is no logical basis for caste system and it is against the basic tenets of the Constitution said that “The founding fathers of the Indian Constitution were of utmost belief that the caste system would come to an end with the passage of time. However, unfortunately, the caste system is still prevalent. There of is no scientific, intellectual, social and logical basis for caste system. The caste system is profoundly illogical and is also against the basic tenets of the Constitution." Accordingly, the Bench recommended shunning of the caste system and along with issuing directions to the Secretaries (Home), it also directed the Registrar General to issue instructions to all the Judicial Officers to follow the aforesaid directions while dealing with cases.

[Read Judgment]



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

to-uphold-presumption-of-guilt-under-section-29-pocso-act-foundational-facts-must-be-proved-reiterates-delhi-hc
Trending Judiciary
To uphold presumption of guilt under Section 29 POCSO Act, foundational facts must be proved, reiterates Delhi HC [Read Judgment]

Delhi High Court reiterates that to uphold the presumption of guilt under Section 29 of the POCSO Act, the prosecution must prove the ‘foundational facts’ beyond reasonable doubt.

16 April, 2024 12:54 PM
baba-ramdev-acharya-balkrishna-offer-to-make-public-apology-in-sc-for-misleading-advertisements
Trending Judiciary
Baba Ramdev, Acharya Balkrishna offer to make public apology in SC for misleading advertisements

Baba Ramdev and Acharya Balkrishna offer public apology in SC for misleading ads, court deliberates acceptance.

16 April, 2024 01:57 PM

TOP STORIES

sc-sets-aside-judgment-upholding-arbitral-award-against-dmrc
Trending Business
SC sets aside judgment upholding arbitral award against DMRC [Read Judgment]

Supreme Court overturns arbitral award favoring Reliance Infrastructure subsidiary against DMRC, citing grave miscarriage of justice.

11 April, 2024 11:43 AM
delhi-hc-rejects-third-plea-for-arvind-kejriwals-removal-as-delhi-cm-blasts-petitioner-for-abuse-of-judicial-process
Trending Political NEWS
Delhi HC rejects third plea for Arvind Kejriwal's removal as Delhi CM, blasts petitioner for abuse of judicial process [Read Judgment]

Delhi High Court dismisses the third PIL plea before it seeking Aam Aadmi Party leader Arvind Kejriwal’s removal as Chief Minister of Delhi, imposes Rs. 50,000 cost on petitioner.

11 April, 2024 03:29 PM
use-of-social-media-to-interfere-with-administration-of-justice-needs-serious-consideration-sc
Trending Judiciary
Use of social media to interfere with administration of justice needs serious consideration: SC [Read Judgment]

Supreme Court warns against social media misuse in legal matters, cautions against prejudicial posts interfering with justice.

11 April, 2024 05:44 PM
two-day-conference-on-april-on-technology-and-dialogue-between-sc-and-singapore
Trending Legal Insiders
Two-day conference on April 13-14 on Technology and Dialogue between SC and Singapore

Explore AI's role in law at the India-Singapore Supreme Court conference on technology, enhancing judicial processes and access to justice, April 13-14, 2024.

12 April, 2024 06:16 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email