6.8. Stay on Caste-Based Rallies in UP

In 2013, the Allahabad High Court stayed caste-based rallies in Uttar Pradesh, This effectively curtailed the use of caste amongst the major political parties to expand their support base, especially before elections.

Holding political rallies by certain groups to address issues specific to them and seeking to win their electoral support is a common practice in the country. The petitioner had argued that there had been a surge of such rallies in the state, damaging social unity and harmony, and that they were against the spirit of the Constitution.

However, this ruling was seen as ‘judicial activism’ and political parties argued that the legislature’s prerogative to make rules should not be curtailed. The reasoning provided is that there is no legal bar to a caste rally, as long as no law is violated. In fact, Article 19(1)(b) of the Constitution gives citizens a Fundamental right to assemble peacefully. A political party can call a meeting of a caste, for example, of Dalits to discuss the problems facing that community, and there is no law barring such a meeting.