India's Top Court Issues Landmark Report on Caste Bias, Urging Judges to Use Sensitive Language
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In a groundbreaking move, India's Supreme Court has released a comprehensive report on the way judges perceive and address caste, a long-standing social issue in the country. The report, prepared by the court's in-house think tank, emphasizes the need for constitutionally sensitive vocabulary in caste-related cases. The study, which spans over seven decades of constitution bench judgments, reveals that judicial language has played a crucial role in shaping the country's legal doctrine and public perceptions of equality, dignity, and merit. The report notes that judges have often oscillated between two opposing views of caste: one that sees it as a hereditary hierarchy, and the other that portrays it as a benign occupational order. The report highlights the uneven characterization of oppressed groups, with some early judgments using paternalistic language that inadvertently reinforced stigma. However, the court has since shifted towards dignity-oriented vocabulary, focusing on historical discrimination and the structural nature of caste exclusion. The study also tracks the evolution of views on constitutional tools needed to address caste-based injustice, from education and reservations to broader socio-economic development. It emphasizes that judicial engagement with caste is not monolithic and that court descriptions and metaphors carry significant normative weight. The report urges judges to adopt a context-sensitive vocabulary aligned with constitutional values, avoiding reductive terminology and affirming the agency and dignity of oppressed communities. This shift is seen as essential to strengthen the country's social justice project. Authored by a team of experts from the Centre for Research and Planning, the report is intended as a resource for judicial academies, policymakers, and researchers. The initiative builds on earlier efforts to address bias, such as the Handbook on Combating Gender Stereotypes.
