The Supreme Court of India on Monday posed a significant question to the Centre regarding the possibility of changing the nomenclature used in caste certificates for scheduled caste individuals, without altering their rights. The bench, consisting of Justices Surya Kant and N Kotiswar Singh, emphasized the need to evolve from outdated terminologies that could perpetuate caste-based identities.
During the session, the justices expressed their concern over the continued use of certain terms in official documents that might no longer be appropriate in modern society. Justice Surya Kant suggested that while the change in terminology is indeed a legislative matter, the judiciary’s role could be to prompt a reevaluation of these terms to reflect more current values. “Hindi has got a very rich vocabulary. You can use anything but these words,” he remarked, indicating the potential for alternatives that do not compromise the character of the rights provided to the individuals.
Additional Solicitor General K M Nataraj, representing the Centre, cautioned that any change in the terminology used might impact the rights and benefits that are accorded to members of the scheduled caste and scheduled tribe categories under current policies.
The court discussed potential alternative terms, referencing historical attempts to rename communities with more dignity, such as Mahatma Gandhi’s introduction of the term ‘Harijan’. Justice Surya Kant noted that terms like ‘Balmiki-1, Balmiki-2’ could be considered, ensuring that rights are not compromised by a change in nomenclature.
Advocate Harish Pandey, representing NGO Akhil Bhartiya Gihara Samaj Parishad, suggested that the authorities could simply issue general SC/ST certificates without specifying sub-castes, to prevent any negative connotations associated with specific caste names.
The matter has been postponed for six weeks, during which the Centre is expected to closely examine the implications of such a change. The bench aims for a resolution that respects both the historical context of these communities and the need for contemporary sensitivity towards caste-related identities.
The Centre’s affidavit revealed the complex historical context of the caste system in India, tracing the categorization back to colonial times and even earlier. It noted that the categorization of castes into scheduled categories began with the Government of India Act, 1935, and was later revised in 1950 following India’s independence.
