Caste Aside? Names, Networks and Justice in the Courts of Bihar, India

Abstract

This study investigates the impact of social identity on judicial processes and outcomes at the Patna High Court over a decade (2009 to 2019). We employ machine learning algorithms to infer caste status from surnames (names) in court records. We note that a majority of court participants have ‘caste-neutral’ names. Though we find no evidence of name-based ‘matching’ between litigants and judges, caste-neutral petitioners are 3.3% more likely to choose a caste-neutral advocate. Matching, whether intentional or coincidental, yields notable consequences. Litigants with caste-neutral names who matched with similar judges face a higher likelihood of case dismissal and lower success rates in overturning appeals. However, advocates with caste-neutral names experience less disadvantage in these scenarios. Notably, the adoption of caste-neutral names, while offering some protection, does not fully mitigate the vulnerabilities faced by citizens within India's judicial institutions.

Keywords

Reference

Sandeep Bhupatiraju, Daniel L. Chen, Shareen Joshi, and Peter Neis, “Caste Aside? Names, Networks and Justice in the Courts of Bihar, India”, European Journal of Empirical Legal Studies, vol. 2, 2024, p. 151–178.