Why is it in News?
- A Supreme Court Centre for Research and Planning (CRP) report has recommended removal of 70+ caste-linked, colonial, feudal job titles used in judicial administration.
- Former CJI B.R. Gavai, in his last days in office, endorsed the report and circulated it to all High Courts.
- Objective: eliminate terminology that perpetuates a “grammar of inequality” and replace it with dignity-affirming, constitutional language.
Relevance
- GS2: Polity & Governance – constitutional morality, dignity, equality, administrative reforms, Art. 14/15/17/21.
- GS2: Judiciary – internal judicial reforms, institutional behaviour, workplace dignity.
- GS1: Indian Society – caste hierarchies, social discrimination, linguistic perpetuation of inequality.
What is meant by “grammar of inequality”?
- Unwritten hierarchical codes embedded in administrative language.
- Drawn from colonial vocabulary, caste-based occupational identities, and feudal hierarchies.
- Normalises structural discrimination by “thingifying” individuals (reducing a person to a caste or task).
- Contradicts constitutional values of dignity (Art. 21), equality (Art. 14), and prohibition of untouchability (Art. 17).
Key Problem Identified by the Report
- Persistent use of terms such as halalkhor, dhobi, coolie, scavenger, masalchi, malan, cycle-sawar etc.
- Many titles directly map to caste-bound occupations (e.g., halalkhor, scavenger).
- Reinforces vertical hierarchies in court administration.
- Creates a disconnect between what the judiciary preaches (constitutional morality) and what it practises.
CJI’s Position in the Foreword
- Continued use of such terms normalises outdated hierarchies.
- Undermines a respectful work culture within the judiciary.
- Updating nomenclature is a “small but significant step” toward institutional dignity.
- Language itself is the first act of justice.
Examples of Recommended Nomenclature Reforms
Replace caste/colonial terms with neutral, professional designations:
- Halalkhor → Sanitation Assistant
- Scavenger → Sanitation Assistant
- Dhobi → Laundry Operator
- Coolie → Freight Assistant
- Cycle Sawar → Logistics Assistant
- Basta Bardar → Document Handler
- Bundle Lifter → Material Coordinator
- Masalchi → Kitchen Assistant
- Malan → Horticulture Attendant
Constitutional Foundations
- Article 14: Equality before law; prohibits arbitrary classification based on caste.
- Article 15(2): Outlaws discrimination in public spaces.
- Article 17: Abolishes untouchability.
- Article 21: Dignity is integral to Right to Life (as held in Puttaswamy, Navtej Johar).
- Article 51A(e): Promotes renouncing derogatory practices.
- Aligns judiciary’s internal functioning with constitutional morality (Dr. Ambedkar, B. R. Gavai).
Sociological and Historical Overview
- Colonial administration deliberately used caste-encoded labour categories for control (Nicholas Dirks, Bernard Cohn).
- Perpetuated “occupational fixity” → caste = job = identity.
- Judiciary inherited this administrative lexicon without reform.
- The report marks a shift from “status-based administration” to “rights-based administration.”
Why Reform is Necessary ?
- Symbolic Justice: Language validates human worth; discriminatory terminology entrenches stigma.
- Operational Impact: Modern workplaces require professional, neutral job titles.
- Workplace Dignity: Improves morale and reduces hierarchy-driven behaviour.
- Public Trust: Judiciary must embody what it expects from society.
- Compliance with Constitutional Mandates: Prevents indirect caste discrimination.
Challenges Ahead
- Uniform adoption across 25 High Courts & 18,000+ subordinate courts.
- Resistance from legacy administrative staff accustomed to traditional terms.
- Need for updated service rules, HR manuals, and recruitment notifications.
- Training and sensitisation required to implement new terminology.
Way Forward
- High Courts to issue circulars and amend service rules.
- Conduct linguistic audits of administrative documents.
- Develop a national glossary of dignified judicial job titles.
- Integrate reforms into eCourts Phase III documentation.
- Periodic monitoring by the Supreme Court CRP.
