# Praveen Chetri v. State of U.P. & Anr

- **Citation:** (2025) 9 ILRA 580
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-09-16
- **Case number:** Application U/S 482 No. 31545 of 2024
- **Bench:** Vinod Diwakar
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/praveen-chetri-v-state-of-u-p-anr-53935
- **Pages:** 18

## Headnote

G.A.

Issue for consideration
Requirement and relevance of mentioning the
caste of a suspect or a group of persons
named
in
an
FIR
or
during
a
police
investigation; legality of criminal proceedings.

Headnotes
Government
may
prepare
a
regulated
framework to regulate and amend the Central
Motor Vehicle Rules (CMVR) -to explicitly ban
caste-based slogans and caste identifiers on all
private
and
public
vehicles-issue
uniform
circulars to RTOs and traffic departments across
the state -to enforce the removal of caste
signage and impose heavy fines -may set up a
Monitoring
and
Reporting
Mechanism
-
allegation- illegal smuggling of liquor across
state borders for financial gain- prima-facie case
is made out against the applicant - gang leader
involved in the smuggling of liquor-Directions to
the Government-Application dismissed. (E-9)

Case Law Cited

## Text

_Characters 0–39,992 of 59,811. This is a partial read: ask again with offset=39992 for what follows._

580 INDIAN LAW REPORTS ALLAHABAD SERIES
accused has been exonerated in the
departmental proceeding on the basis of
same set of charges then also ipso facto his
criminal prosecution even on same charges
cannot be quashed.

41. Further, however, learned counsel for
applicant argued only above single point and
he did not argue that even from perusal of
material collected during investigation no
offence is made out against applicant but even
from the chargesheet, prima facie, it cannot be
said that alleged offences are not made out
against applicant.

42. Therefore, from the discussion made
above, in view of this Court, the charge-sheet
filed against applicant and proceedings of the
instant case pending against him can not be
quashed.

43. Accordingly, instant application
filed by the applicant is devoid of merit and
stands dismissed.
---------
(2025) 9 ILRA 580
ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 16.09.2025

BEFORE

THE HON'BLE VINOD DIWAKAR, J.

Application U/S 482 No. 31545 of 2024

Praveen Chetri ...Applicant
Versus
State of U.P. & Anr. ...Opposite Parties

Counsel for the Applicant:
Prashant Sharma, Surendra Pratap Singh

Counsel for the Opposite Parties:
G.A.

Issue for consideration
Requirement and relevance of mentioning the
caste of a suspect or a group of persons
named
in
an
FIR
or
during
a
police
investigation; legality of criminal proceedings.

Headnotes
Government
may
prepare
a
regulated
framework to regulate and amend the Central
Motor Vehicle Rules (CMVR) -to explicitly ban
caste-based slogans and caste identifiers on all
private
and
public
vehicles-issue
uniform
circulars to RTOs and traffic departments across
the state -to enforce the removal of caste
signage and impose heavy fines -may set up a
Monitoring
and
Reporting
Mechanism
-
allegation- illegal smuggling of liquor across
state borders for financial gain- prima-facie case
is made out against the applicant - gang leader
involved in the smuggling of liquor-Directions to
the Government-Application dismissed. (E-9)

Case Law Cited
1. Indra Sawhney v. Union of India
2. Ashok Kumar Thakur v. Union of India, 1992
Supp 3 SCC 217 (Para-339)
3. Ashok Kumar Thakur v. Union of India,
(2008) 6 SCC 1
4. State of Rajasthan v. Gautam s/o Mohanlal,
Criminal Appeal No.3168 of 2023 arising out of
Special Leave Petition (Crl.) No.11331 of 2019
5. Shama Sharma v. Kishan Kumar, 2024 SCC
OnLine SC 88
6. State of Haryana and others v. Ch. Bhajan Lal
and others, 1992 SCC (Cri) 426

List of Acts
1. Indian Penal Code
2. Excise Act
Appearances of parties
Counsel for Applicant(s) : Prashant Sharma,
Surendra Pratap Singh
Counsel for Opposite Party(s) : G.A.

(Delivered by Hon'ble Vinod Diwakar, J.)

1. Heard Shri Prashant Sharma and
Shri
Surendra
Pratap
Singh,
learned
counsel for the petitioner, Shri Amrit Raj
Chaurasiya, learned AGA for the Staterespondents, and perused the material on
record.
9 All. Praveen Chetri Vs. State of U.P. & Anr.
581

2. The instant application has been
filed with the prayer to quash the entire
criminal proceedings arising out of Case
Crime No.108 of 2023, under Sections 420,
467, 468, 471 IPC read with Section 60/63
Excise Act, registered at P.S. Jaswant
Nagar, District Etawah, as well as the
impugned summoning/cognizance order
dated 19.8.2023 along with charge-sheet
dated 21.7.2023.

2.1 In the alternative, it is also
prayed that the entire criminal proceedings
in the aforesaid case be stayed, failing
which the applicant shall suffer irreparable
loss and injury.

3. The brief facts of the case are as
follows:

3.1
On
29.04.2023, on
the
instructions of senior officers, the local
police team started checking vehicles
passing from the Jaunai Farm police post
at
District
Etawah.
While
checking
incoming and outgoing vehicles, a black
Scorpio (Registration No.T-1223-JH-7384D) was stopped, and three people were
found sitting in the Scorpio. Upon inquiry,
the person sitting in the driver's seat stated
his name as Yadram, son of Ratanlal,
resident
of
U-4,
New
Roshanpura,
Najafgarh,
Police
Station,
Najafgarh,
District South-West, Delhi, caste-Mali,
aged approximately 35 years. During a
personal search, a Redmi mobile phone,
sky-blue in colour, was recovered from the
right pocket of his trousers. The person
sitting in the front passenger seat stated his
name as Praveen Chhetri, son of Birendra
Kumar, resident of House No.RZ 176A,
New
Dharmapura-1,
Kakrola
Road,
Najafgarh,
Police
Station
Najafgarh,
District South-West, Delhi, aged about 29
years,
caste-
Pahadi
Rajput.
Upon
personal search, Rs.1,150/- and one Apple
mobile phone, light sky-blue in colour,
were recovered from the pocket of his
trousers. The person sitting in the rear seat
stated his name as Deepak Kumar Singh,
son of Santosh Kumar Singh, resident of
Kulharia, Police Station Karakat (Godari),
District
Rohtas,
State
Bihar,
aged
approximately 29 years, belonging to the
caste- Thakur. Upon personal search,
Rs.550/- and an Oppo mobile phone, grey
in colour, were recovered from the pocket
of his trousers.

3.2 On searching the Scorpio, 70
bottles of "ROYAL CHALLENGE CLASSIC
PREMIUM WHISKY - FOR SALE IN
HARYANA ONLY" and 36 bottles of
"ROYAL STAGE PREMIUM WHISKY -
FOR SALE IN HARYANA ONLY - 42.8%
V/V NET Qty 750 ml" were recovered from
the rear boot of the car along with two
number plates marked "T1222 JH 7384D".
The number plate affixed to this vehicle
was also found to be fake, and the actual
number plate was kept in the boot.

3.3
Upon
being
strictly
questioned, the three persons revealed that
their other associates were following
behind in an Accent car No.HR-34-K-2257
is carrying more liquor. Thereafter, the
police team intensified their checks, and
shortly thereafter, a white Accent car,
having Registration No.HR-34-K-2257 was
seen and stopped.

3.4 The person sitting in the
driver's seat stated his name as Lokesh
alias Leela, son of Dilip Kumar, resident of
75 Dharmapura, Police Station Najafgarh,
District South-West, Delhi, aged about 29
years, caste- Punjabi Parashar and the
women sitting in the front passenger seat
stated her name as Nisha, daughter of
Rajesh, wife of Sanjeet, originally resident
of RZ 30 Laxmi Vihar, Dichau Kalan,
District
South-West,
Delhi,
presently
582 INDIAN LAW REPORTS ALLAHABAD SERIES
residing at House No. 105, Dinpur,
Najafgarh,
Police
Station
Najafgarh,
District
South-West,
Delhi,
caste-
Brahmin. On a personal search, one Oppo
mobile phone, light sky-blue in colour, was
recovered from the pocket of her trousers.

3.5 On searching the car, 230
bottles of "ROYAL CHALLENGE CLASSIC
PREMIUM WHISKY" and 24 bottles of
"ROYAL STAGE PREMIUM WHISKY -
42.8% V/V Net Qty 750 ml - FOR SALE IN
HARYANA ONLY" were recovered from the
boot of the car; two number plates bearing
"BR01DE 0941" were also recovered.

3.6 When both vehicle drivers
and other persons sitting inside were asked
to produce a license for possession and
transportation of liquor, they failed to do
so and all stated in unison that they earn
their livelihood from selling liquor and
Praveen Chhetri - the applicant- is their
gang
leader.
Upon
further
strict
interrogation of the accused, they stated
that they bring liquor from Haryana and
sell it at higher prices in Bihar to earn
monetary profit, and that they keep
changing the vehicle number plates while
travelling to and fro.

4. Being aggrieved by the registration
of FIR and initiation of subsequent
proceedings, the applicant has preferred the
present petition on the following grounds
inter alia stating;

4.1 That the applicant has been
falsely implicated in the present case at the
behest of the police because of an ulterior
motive.

4.2 The actual facts are that the
applicant had gone to Etawah to attend a
family gathering on account of the death of
a relative. Upon conclusion of the postdeath rituals, he attempted to arrange
public transport to return home, but,
finding it too late at night, discovered that
no public transport was available.

4.3
While
exploring
other
options, the applicant was informed by a
restaurant owner that public transport
might be available on the nearby highway.
Acting on this advice, the applicant
reached the highway and sought help from
multiple
passing
vehicles,
but
none
stopped.
Eventually,
after
repeated
attempts, a black Scorpio vehicle came to a
halt. Upon the applicant's request, the
driver agreed to give him a lift and asked
him to board the vehicle.

4.4 Soon, thereafter, the police
intercepted the said vehicle, conducted a
search, and recovered certain alleged liquor
bottles. The applicant was then falsely
implicated in the case, despite having neither
committed any offence nor possessed any
knowledge of the said recovery.

4.5 At the relevant time, the
applicant had only Rs.1,150/- in his
possession. He was neither the driver nor
the owner of the said vehicle, nor
acquainted with the two other persons
travelling therein.

5. During the course of argument, this
Court observed that the Investigating
Officer has mentioned the caste of the
accused against their name, therefore, by
order dated 3.3.2025 the Director General
of Police was directed to file a personal
affidavit justifying the requirement and
relevance of mentioning the caste of a
suspect or a group of persons named 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.

6. Pursuant to the aforesaid direction,
the Director General of Police filed an
affidavit inter alia stating:
9 All. Praveen Chetri Vs. State of U.P. & Anr.
583

6.1 Generally, police do not
ask/disclose the caste of the accused either
in the First Information Report or in the
Recovery memo, but due to the reason that
there could be several persons of the same
name in the same village or area and as
such, identification of the real accused has
become very crucial task to the police and
in such circumstances for avoiding any
confusion in future, often police record
caste. The police authorities, at the time of
preparing
the
Recovery
Memo,
are
required
to
comply
with
the
law,
particularly regarding cases related to the
Excise and N.D.P.S. Act. In the present
case, the memos were prepared on the spot
and signed by the accused persons. A copy
of the Recovery Memo was provided to the
accused person on the spot. In such
circumstances, the Investigating Police
Officer, to avoid any confusion regarding
the identity of the accused person, as per
the version of the accused, must have
mentioned the caste.

6.2
The
police
do
not
discriminate against the accused persons
on the basis of caste or religion or place of
residence, as the only aim and intention of
the investigating officer is to disclose the
truth regarding the incident so that the real
culprits shall be put behind bars. The
police investigate as per the procedure
established by law without favouring
anyone. Additionally, it relied on the
Government
Letter
dated
10.12.1997,
issued based on the instructions by the
central
government
to
implement
a
computerised crime and criminal tracking
and
network
system
for
effective
investigation.

6.3 The Government of India and
the National Crime Record Bureau have
developed a computerised Crime and
Criminal Tracking Network and Systems
(CCTNS), and the State Government has
implemented the Integrated Investigation
Form since 10.12.1997 for the purpose of
better scientific investigation. As such, the
contents of the form can only be amended
either by the Central Government or by the
National Crime Records Bureau, the
affidavit asserts. Therefore, to fill up the
entries given in the Formats discussed
herein below, and the police record, the
name of the caste against the name of the
accused and complainant/informant is
mentioned.

6.4 Being a Welfare State, the
government provides monetary benefits to
the victims of members of the Scheduled
Castes/Scheduled
Tribes
under
the
Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, as
amended from time to time and as such,
victims and accused disclose their castes at
the time of the incident to get the benefit of
the State Government schemes.

6.5 The compliance affidavit has
been accompanied with Format of First
Information
Report
registered
under
section 154 Cr.P.C. (Police Form No.341),
Crime
Detail
Form
(Police
Form
No.178Ka),
Property
Seizure
Memo
[Search/Production/Recovery
under/section----(Police Form No.173)],
Arrest/Court Surrender Memo (Police
Form
No.401),
Police
Final
Report
prepared under section 173 Cr.P.C. (Police
Form No.339), Court Disposal Form, and
Result of Appeal.

7.
On
examination
of
aforesaid
Formats, it's revealed that there is no para
in the First Information Report Format
wherein it is mandatory for the police to
mention the caste and religion of accused
and complainant, in fact in Para No.7 the
accused's can be identified based on
description accused's sex, date/year of
birth,
build,
height
in
centimetre,
584 INDIAN LAW REPORTS ALLAHABAD SERIES
complexion,
identification
mark/marks,
deformities/peculiarities, teeth, hair, eye,
habit(s), dress habit, language/dialect, burn
mark, leukoderma mole, scarf and tattoo, if
any.

7.1 Similarly, on examination of
the Crime Detail Form, it's revealed that
there is no para for identification of the
accused based on caste and religion; in
fact, Para No.5 contains particulars of
victims, wherein sub-para 7 & 8 mandate
mention of religion and caste (whether
SC/ST/OBC) respectively.

7.2 Similarly, on examination of
Arrest/Court Surrender Memo, it is
revealed that Para No.6 pertains to
particulars of accused, wherein sub-para 8,
9 & 10 pertains to religion, caste/tribe and
SC/ST
respectively,
besides
name,
Father's/Husband's
Name,
first
alias,
second alias, other alias, nationality, voter
ID, passport number (date of issue and
place of issue), permanent address with
district and police station, and present
address with district and police station.
Para No.9 contains the descriptions of the
accused's sex, date/year of birth, build,
height
in
centimetres,
complexion,
identification
mark/marks,
deformities/peculiarities, teeth, hair, eyes,
habit(s), dress habit(s), language/dialect,
burn mark, leukoderma mole, scarf, tattoo
and another other features. Para Nos.10 &
11
contain
the
requirements
for
fingerprints and the socio-economic profile
of the accused, indicating their living
status: living alone, with family or relatives
in a pucca house/hotel/ kaccha house/
thached house/ slum, or being homeless.
Besides
educational
qualification(s),
occupation and income group, respectively.

7.3 Similarly, on examination of
the Police Final Report Format, it is
revealed that Para No.10 (VII & VIII)
contains the requirement of religion,
whether SC/ST, and occupation, besides
other details of the accused charge sheeted.
Likewise, Para No. 11 mandates the
similarly required details of the accused
persons not charged (suspected), besides
other details such as name, father's or
husband's name, year of birth, sex,
nationality, passport number with date and
place of issue, occupation, and address.

7.4 Whereas, on examination of
the Court Disposal Form, Result of
Appeal, and the Property Seizure Memo,
no requirement of caste and religion has
been observed.

8. The DGP's affidavit emphasized
three
key
justifications:
first,
the
identification of the accused by caste name
is done to avoid any confusion about the
identity of the accused, and second, the
contents of the Formats (annexed with the
affidavit) may be amended either by the
Union Government or the National Crime
Records Bureau, and third, the police do
not discriminate with accused persons on
the basis of their caste or religion and
conducts the investigation as per the
procedure established by law - so far as the
caste is concerned, the police scientific
method of investigation have no impact on
the psyche of the law enforcement
agencies.

8.1 With regard to the police's
stand on the identification of the accused
based on caste, it is a legal fallacy. In the
first quarter of the 21st century, the police
still rely on caste as a means of
identification. It's unfortunate. This is
particularly untenable when modern tools
such as body cameras, mobile cameras,
fingerprints,
Aadhar
cards,
mobile
numbers, and parental details (Mother and
Father, both) are available. In addition, the
9 All. Praveen Chetri Vs. State of U.P. & Anr.
585
Formats
themselves
already
contain
extensive descriptive fields relating to the
accused, including sex, date/year of birth,
build, height (in centimetres), complexion,
identification
marks,
deformities/peculiarities, teeth, hair, eyes,
habits, dress habits, language/dialect, burn
marks, leukoderma, moles, scars, and
tattoos, if any. Therefore, this Court is not
impressed with the reasoning of the
Director General of Police.

8.2 So far as the second issue is
concerned, the stand of the police is not
legally sustainable, since public order
(policing) is a state subject1, and the State
is empowered to amend the contents,
whether by deletion or addition, to achieve
the constitutional aim of a caste-less
society. It's unfortunate, the State has taken
no steps in align with constitutional
morality.

8.3 The third issue warrants
careful scrutiny of the influence of caste on
the
socio-psychological
behaviour
of
society, the government and its organs. In a
caste-ridden society where deep-rooted
social divisions continue to shape both
public perception and law enforcement
practices, it becomes both necessary and
appropriate to re-examine the practice of
recording caste and religion in police
reports and public documents.

9. In the present context, it may not be
necessary to examine the origin of caste
and its relevance in ancient Indian society,
and even before the Britishers came to
India. A reference to the judgment passed
in the first quarter of the 19th century may
no longer be fruitful. However, recent
judgments of the Supreme Court, which
contain mandatory directions prohibiting
the mention of caste and religion in
pleadings,
are
certainly
relevant
for
arriving at a just decision. Notably, in the
early 20th century, Indian courts frequently
addressed the impact of caste on both
societal dynamics and judicial functioning.

10. Before I dwell upon the judgment
passed
by
the
Supreme
Court
and
examination of the critical view of the
jurist, a re-look at the famous speech of Dr.
B.R. Ambedkar delivered on 25.11.1949 on
the conclusion of deliberations in the
Constituent Assembly may fulfill the
purpose and aspiration of the rising India,
the confident India; a nation driven by
vision, powered by innovation, and rooted
in its timeless values. The relevant extracts
are reproduced hereinafter: "In India, there
are castes. The castes are anti-national. In
the first place, they bring about separation
in social life. They are anti-national also
because
they
generate
jealousy
and
antipathy between caste and caste. But we
must overcome all these difficulties if we
wish to become a nation in reality.
Fraternity can be a fact only when there is a
nation. Without fraternity, equality and
liberty will be no deeper than coats of
paint.2"

10.1
Dr.
Ambedkar
further
emphasized that "caste is not a physical
object like a wall of bricks or a line of
barbed wire which prevents the Hindus
from commingling and which has therefore
to be pulled down. Caste is a notion; it is a
state of the mind."

11. In Indra Sawhney v. Union of
India, the Supreme Court observed that
secularism is the basic feature of the Indian
Constitution. It envisages a cohesive,
unified
and
casteless
society.
The
Constitution has completely obliterated the
caste system and has assured equality
before the law. Reference to caste under
Articles 15(2) and 16(2) is only to
586 INDIAN LAW REPORTS ALLAHABAD SERIES
obliterate it. The prohibition on the ground
of caste is total; the mandate is that never
again in this country shall caste raise its
head. Even access to shops on the grounds
of caste is prohibited. The progress of India
has been from casteism to egalitarianism-
from feudalism to freedom.

11.1 The caste system, which has
been put in the grave by the framers of the
Constitution, is trying to raise its ugly head
in various forms. Caste poses a serious
threat to secularism and, as a consequence,
to the integrity of the country. 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.

12. The Supreme Court in Ashok
Kumar Thakur v. Union of India has
confirmed that achieving a casteless society
is an ultimate aim of the Constitution.

13. Further, the Supreme Court in
State of Rajasthan v. Gautam s/o
Mohanlal observed that an accused has no
caste or religion when the Court deals with
the case. The Court emphasised that such
information should not be included in the
cause title of judgments, and this practice
needs to be discontinued and held that, "an
accused has no caste or religion when the
Court deals with his case and further
observed that the Court has failed to
understand why the caste of the accused
has been mentioned in the cause titles of
the High Court and Trial Court judgments.
The caste or religion of a litigant should
never be mentioned in the cause title of the
judgment. The Court was surprised that
despite their earlier order dated 14th March
2023 that such practice should never be
followed, it's still prevalent.

14. Similarly, the Supreme Court in
Shama Sharma v. Kishan Kumar, while
hearing
a
transfer
petition
filed
by
petitioner-wife under Section 25 of the
Code of Civil Procedure, 1908, seeking
transfer of petition for restitution of
conjugal rights filed by the respondenthusband under Section 9 of the Hindu
Marriage Act, 1955, pending before the
Principal Judge, Family Court, Sri Ganga
Nagar, Rajasthan to a Court of competent
jurisdiction at Faridkot, Punjab. The
Supreme Court, while examining the
Court's record, noted with surprise that the
caste of both parties has been mentioned in
the memo of parties, besides their other
details. The Court directed all the High
Courts to ensure that the caste/religion of a
litigant does not appear in the memo of
parties.

14.1
The
Supreme
Court
observed that there was no reason for
mentioning the caste/religion of any litigant
even before Supreme Court or the courts
below, and thus, shunned such practice and
held that it must be seized forthwith, and
passed
general
order
directing
that
henceforth the caste or religion of the
parties shall not be mentioned in the memo
of parties of a petition/proceedings filed
before the Supreme Court irrespective of
whether any such details have been
furnished before the courts below. A
direction was also issued to all the High
Courts to ensure that the caste/religion of a
litigant does not appear in the memo of
parties in any petition/suit/proceedings
filed before the High Court or the
9 All. Praveen Chetri Vs. State of U.P. & Anr.
587
Subordinate Courts under their respective
jurisdiction.

15. "The Judges of the Supreme
Court of India, 1950-1989"- a seminal
work by George H. Gadbois, Jr.9, presents
a biographical essay for each of the first
ninety-three judges who served on the
Supreme Court from 1952 through mid1989. The contents of the biographical
essay were gathered in the only way they
could be - from conversation with the
judges. Chapter II of Part Two of the book
deals with caste. It starts with "Caste, the
most important differentiator in the Indian
social life, is better indicative of social
origin
and
class
than
parental
occupation......" and the book concludes
with the phrase that caste has also been one
of the indicators in the appointment of
Supreme Court judges- not in all, but in
some cases- and the analysis ended with the
observation that......"judges of the highest
rank in all or nearly all nations will not be
representative of the social make-up of
their country."

16. Professor G. Mohan Gopal11, in
the opening paragraph of his essay titled
"Supreme
but
Pro-Caste:
How
the
Jurisprudence of the Supreme Court of
India Preserves and Protects India's Caste
System", published in "[In] Complete
Justice? The Supreme Court at 75",
edited by Justice S. Muralidhar12, invokes
the words of Dr. B.R. Ambedkar, who
cautioned: "Some say that they should be
satisfied
with
the
abolition
of
untouchability only, leaving the caste
system alone. The aim of abolition of
untouchability alone, without trying to
abolish the inequalities inherent in the caste
system, is a rather low aim." Drawing from
Supreme Court judgments, Professor Gopal
critiques the Court's approach to caste,
arguing that it has, in effect, preserved and
protected the caste system.

16.1
The
following
selected
paragraphs are excerpted from Professor
G. Mohan Gopal's essay, which critically
examines the Supreme Court's approach to
caste and underscores the need for a
casteless society. The essay offers a
perspective that may illuminate certain
dimensions of the issue at hand. However,
this Court does not, at this stage, fully
concur with all the views expressed
therein;

"Notwithstanding
its
rhetoric
about a casteless society, in the seventy-five
years of its existence, the SCI has protected
and preserved the caste system. It has been
an anti-catalyst in two ways: first, by
suitably redefining three foundational legal
concepts (caste, religion and Hindu); and
second, by eviscerating reservation, which,
as conceived by Dr. Ambedkar, is the
intended constitutional weapon of caste
destruction."

*****

"As the caste system is a system
for vesting, divesting and regulating rights
of individuals and social groups, it is a
political system of government rather than
a religious system or a social system. In
effect, the varna-jaati system is a system of
unequal
citizenship.
A
system
of
government may be defined as a structure
for the establishment and operation of
institutions to distribute power and govern
people by defining and regulating rights,
claims,
privileges,
disabilities
and
liabilities. These are the practical functions
of the varna-jaati system. The varna-jaati
system should therefore also be recognised
588 INDIAN LAW REPORTS ALLAHABAD SERIES
for what it is in its essence: a form of
government."

*****

"For
instance,
Article
17
abolishes, forbids and criminalises the
practice of untouchability, and Article 25
vests freedom of religion in the 'individual'
and not in groups. This is a radical
rejection of the varna system, which does
not recognise the individual except as a
member of a group and vests all claims,
privileges,
liabilities
and
disabilities
exclusively in groups. Further, Article 25
makes the right to religion subject to other
fundamental rights."

17. The British colonial rule dramatically
transformed the caste system. The first all-India
census was carried out in 1871-1872 by the
British to gather demographic status of the
entire
population
of
India
for
better
administrative
control,
categorizing
and
freezing caste identities, turning fluid social
groups into fixed administrative categories,
besides other details like education, religion,
occupation,
military
and
non-military
population, etc. The British rule in India used
caste for governance and financial gain,
creating caste groups and criminal tribes, and
by introducing separate codified laws for
different communities.

18. There is another aspect attached to
the codified law and concept of justice, and
there exists a fundamental distinction
between the concept of justice and the
framework of codified or statutory law.
This
difference
becomes
particularly
evident when viewed through the lens of
India's colonial legal history.

19. The British introduced judicial
reforms in India not with the intent of
delivering justice in its truest sense, but
rather to serve the administrative and
commercial interests of the East India
Company and subsequently the British
Empire. The establishment of Diwani and
Faujdari Adalats under Warren Hastings
marked the beginning of this legal
restructuring.
His
successor,
Lord
Cornwallis, continued these reforms, and
the Charter Act of 1833 further advanced
this project by allowing Indians to enter
judicial services and establishing a Law
Commission to codify laws.

20. As a result, several important
statutes were enacted: the Civil Procedure
Code (1859), the Indian Penal Code (1860),
and the Criminal Procedure Code (1861),
Indian Contract Act, 1872 and Succession
and Custody Laws, among others. Nearly
52 Legislative Acts have been passed by
British Colonial Rulers for India. Yet,
despite the presence of a comprehensive
legal framework, there was widespread
discontent among Indians. The Indians
recognized that while procedural law had
been established, true justice remained
elusive.

21. The colonial legal system, though
codified
law,
for
illustration;
(i)
Government of India Act, 1858, the British
Parliament passed its Act to liquidate the
East India Company, following the 1857
mutiny, (ii) Government of India Act,
1919, and (iii) Government of India Act,
1935 often worked to undermine Indian
resources,
culture,
governance,
and
autonomy. The application of law was
frequently a tool of exploitation, not
emancipation. It can be best demonstrated
by the fact that in 1650, India's GDP was
25% of the world's GDP, and by 1950,
when the British left India, it's GDP
reduced to 2% of the world's GDP!
9 All. Praveen Chetri Vs. State of U.P. & Anr.
589
Imagine how much wealth was created in
those three hundred years, which was
transferred to Britain.

22. This disconnect between law and
justice fuelled mass movements- such as
the Non-Cooperation Movement, the Quit
India Movement, and other struggles for
Swarajya- that ultimately led to pass the
Indian Independence Act, 1947.

23. This historical experience teaches
us an essential lesson: the mere existence of
law does not guarantee justice. Procedural
codes, however well-structured, can fail to
serve the people if they are not grounded in
principles of JUSTICE, social, economic
and
political;
LIBERTY
of
thought,
expression, belief, faith, and worship;
EQUALITY of status and of opportunity;
and to promote among all FRATERNITY
assuring the dignity of the individual and
the unity and the integrity of the Nation.

24. Therefore, in the contemporary
Indian judicial landscape, the pursuit of
justice demands a holistic appreciation of
the entire judicial framework rather than
mere adherence to codified law and the law
propounded through judgments. Structural
judicial reform is urgently needed- reform
that prioritizes justice not only in theory but
in alignment with the rule of law, ensuring
that the law and government policies serve
WE, THE PEOPLE OF INDIA, not the
other way around.

25. Caste in India is not merely a
system of social stratification - it is a
deeply embedded psychological and legal
phenomenon
that
influences
identity,
behaviour, and access to rights. Caste has
been
institutionalized
over
centuries
through religious texts, social customs, and
cultural practices. The caste-based notion
of
superiority,
especially
among
historically privileged castes, persists in the
collective
consciousness
despite
constitutional guarantees of equality and
dignity. It is a human-made construct- not a
genetically evolved condition, like the
evolution of humans from homo sapiens to
present-day human beings; It's not a
divinely ordained system.

26.
The
Constitution
of
India
enshrines the principle of equality and
explicitly
prohibits
caste-based
discrimination
through
several
key
provisions. Article 14 guarantees "equality
before the law" and "equal protection of the
laws" to all individuals. Article 15(1)
prohibits discrimination on the grounds of
religion, race, caste, sex, or place of birth.
Yet, caste-based discrimination continues
to exist in society, and the Courts have
recognized this in various judgments,
particularly in matters involving atrocity
laws and reservations.

27. Many individuals from privileged
caste(s) experience cognitive dissonance
when confronted with their privilege.
While they may intellectually accept
constitutional equality, they often deny
structural
discrimination,
attributing
marginalized groups. This denial acts as a
psychological
defence
mechanism
to
preserve caste identity and caste based
privileges without overt guilt. This fosters
implicit bias and a persistent sense of social
superiority, which resists rational legal
intervention.

28. The psyche behind the caste
dominance is the assertion of identity amid
insecurity. These displays often come from
privileged and socially anxious caste
groups
as
India
moves
towards
urbanization, inter-caste mingling, and
590 INDIAN LAW REPORTS ALLAHABAD SERIES
affirmative
programmes,
formerly
privileged
castes
experiencing
status
anxiety-
a
fear
of
losing
historical
privileges. Further, it's a reflection of
cultural narcissism and group egotism.
Caste is turned into a performative identity,
an ego project, where pride is rooted not in
individual merit but in fake ancestral valour
or a delusion rooted in fictitious mythical
supremacy. This behaviour echoes the
concept of "culture of dominance", where
marginal superiority is exaggerated to
cover
deep-seated
inferiority.
The
sociology-psychological implications of
collective narcissism, wherein individuals
anchor self-worth in caste identity rather
than merit or civic virtue, and symbolic
intimidation of caste emblems signals
dominance and discourages inter-caste
social mixing, stimulate digital echo
chambers of the mind.

29. What manifests as caste pride is
often not about identity but insecurity, not
about history but hegemony. It reflects a
failure of the education system, law
enforcement, and political class to instil
constitutional values of FRATERNITY,
assuring the dignity of the individual and
the unity and integrity of the Nation.

30. The caste-based congregation and
associations gather to assert caste identity,
influence the political landscape and
determine access to resources, rituals and
even entry to temples and crematoriums. In
such a scenario, a fair treatment of merit
and respect for hard work is the least
expected.

31. The resurgence of caste identifiers in
public and digital spaces is not the beginning
of a cultural phenomenon- it is a coded
assertion of social power that contradicts
India's constitutional values. In the northern
part of India- in states like Uttar Pradesh,
Haryana, Punjab, Rajasthan, and parts of
Madhya Pradesh and Bihar- individuals
commonly mark their cars, bikes, and
sometimes homes with caste identifiers.
Vehicles adorned with caste emblems,
slogans or even warnings.

32. The rise of digital platforms like
Instagram, YouTube Shorts, and Facebook
Reels has 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.

33. Social media becomes an echo
chamber for hyper-masculine caste identity,
historical revisionism (e.g., glorifying feudal
lords or caste based political leaders). It
promotes a toxic digital masculinity rooted in
caste, weaponizing tradition in a postmodern
format. The digital caste ego is further
influencing the cognitive behaviour of the
youth, thereby undermining the constitutional
morality of brotherhood and unity.

34. The collective political will,
bureaucratic setup, and law enforcement
agencies
are
oblivious
to
the
aforementioned social trend. The reasons
are best known to them; either they have
accepted it as the future of the new India,
or their cognitive behaviour and social
psyche
have
been
shaped
by
caste
narcissism.

35.
The
police
and
other
law
enforcement agencies are not immune to
9 All. Praveen Chetri Vs. State of U.P. & Anr.
591
these societal biases. They often reflect,
reproduce, and sometimes intensify castebased prejudices. It becomes necessary to
deal with the cognitive behaviour of law
enforcement
officials
in
India
when
influenced
by
caste-ridden
thought,
combining insights from the conduct
infused
by
social
psychology,
and
behavioural
patterns
reflected
in
contemporary cases. This is evident from
discrimination and segregation in the
education and justice departments that
remain rampant across India, driving
inequality in education, life opportunities,
and in justice delivery system.

36. The cognitive behavior of law
enforcement officials-as evident from the
facts of the present case and observed in
others-reflects a caste consciousness that
persists in the mind, as there was no legal
requirement for the investigating officer to
mention the caste of accused persons in
order to bring them to justice, still the
investigating officer mentioned the accused
caste in the impugned FIR and the search
and seizure memo highlights one of the
most serious challenges to constitutional
democracy in India. It reveals that the
problem of caste is not just in society or
religion but embedded in the mental
framework of the State itself. Legal and
institutional reforms must be accompanied
by a moral and psychological revolution in
the
minds
of
those
entrusted
with
upholding the law. Only then can we hope
to dismantle the caste matrix that continues
to influence India's criminal justice system.

37. Even though Article 15 of the
Indian Constitution protects individual
Indians from discrimination based on
religion, race, caste, sex and place of birth.
Yet, nearly 75 years after the Indian
Constitution came into force, the critical
and influential institutions of State are still
influenced by a malignant system that often
adopts immoral caste, sex and religionbased preferences under the guise of socalled "independence" and "transparency".
The preferences for the privileged class of
society undermine our national unity and
compromise merit and hard work. The
individual's hard work, excellence and
individual achievement are compromised in
favour of a detrimental framework. The
hard work and merit of individuals should
not be stigmatized, demeaned, or shut out
of opportunities because an individual does
not come from the privileged category of
class.

38. The psyche behind an inflated ego
is
a
myth,
and
the
constitutional
instrumentalities need to bust it. It is not
just regressive- it is resistant to the idea of a
progressive,
transformed,
developed,
modern, and unified India. India's future
lies in social integrity and participative
democracy.
Confronting
this
psyche
requires more than regulation; it demands
social re-education, moral awakening, and
deconstruction of caste as a symbol of
worth. The real pride of a citizen must lie
not in caste, but in character- and not in
legacy, but in equality and fraternity.
Equality means equal opportunities for all,
and fraternity means a collective sense of
brotherhood. It is not a subject of good and
impressive literature, but rather one to be
embodied in practice through body, action,
and behavior.