New Delhi: Police would not be allowed to retain colonial prejudices against any tribes or scheduled castes and simply term them as “bad characters” or “historians” in records, the Supreme Court has ruled. The outmoded reasoning violated the individual’s right to what dignity guaranteed under the Constitution of India, Article 21.
While True, it is worth mentioning that Congress Tuesday asked the Delhi Police to correct the historical record book format, which was copied from 90 year old Punjab Police Rules, 1934 such that minor children and wife of an accused person are not considered bad person. On this note, a bench of Justices Surya Kant and K V Vishwanathan also stated that within six months all states should revisit their sorts of listing a person in police records for history/bad character remove colonial bias from these provisions.
After deciding so in relation to this case in Delhi then it examined its own competence in determining whether entries recorded there mechanically lists innocent individuals simply because they hail from socially economically educationally backward classes background and other backward communities castes and scheduled tribes failed according to sources.
The bench headed by Justice Kant referred to some studies on this point but did not pursue their truthfulness by saying that selective police diaries are maintained for people belonging to vimukta jatis (designated tribes).
Writing his judgment, Justice Kant said, “In order to protect these communities against unjustified targeting or discriminatory treatment by state governments, it is important for us all as a society.” We need not forget that such notions also render them invisible victims’ because they are motivated by prevailing stereotypes directed at these communities thus depriving them of their self-respect while living honorable lives.” “Human dignity and value for life are inseparable components of Article 21. Their life means nothing more than dignified human existence with everything thereto appertaining. Self-respect alongside social standing and integrity towards oneself as well as the society around are essential to their dignity, just as food, clothing and shelter,” he said.
In this way, the bench pointed to a court-driven amendment of the Delhi Police rules on history/bad character which called for “The Delhi model” that would assist states in removing bias with respect to certain scheduled tribes, castes and communities while preparing internal History table.
States and Union Territories were told to “re-examine their policy regimes and consider whether appropriate modifications should be made to the Delhi model”. In addition, Supreme Court Registrar was ordered to issue a copy of this judgment with six months time frame for review by Chief Secretary and Deputy Director General.
