HC appreciates Punjab Police decision prohibiting use of racial terms in records

Justice Raina earlier had taken strong objection to the mention of the term “negro” in the documents of a case and asked the Punjab DGP to immediately sensitise investigating officers and police officers against use of such words. Following the order, the police had clarified that the mention of the term had occurred in a disclosure statement of an accused and it could not have been avoided due to legal requirements under the Indian Evidence Act. According to the law, the police said, they cannot make any changes in the language or narrative of a statement being recorded during a criminal investigation. The police further in the reply said it has utmost respect for both the Indian nationals as well as foreigners and could not think of differentiating between them based on their country of origin or the skin colour or the physical features.

However, the DGP had also issued instructions to the police personnel asking them to not use any words with racist connotations in any of the official records and also warned of action in case of failure.

Justice Raina, in the final order of the case, clarified that his response was more than just case specific and rather generic in nature with regard to a social malady.

“I re-emphasise that the derogatory term is not only unprintable but is unspeakable in the present times, in public or in private dealings between African/foreigner and the police personnel and equally in social circles in our court’s territory as elsewhere,” the order reads.
The court further observed that the witnesses or accused who use such derogatory terms should “be taken to task” and noted that the attitude of police requires a reform and only then a meaningful and proactive “colour blindness” against social and biological prejudice can be achieved.

Observing that the use of racially coloured terms is an issue much deeper than it appears, Justice Raina said the stereotypical mindset among the police authorities fractures their ability to provide “equality before law and equal protection of law”.