The Supreme Court of India has issued an order directing its Registry, all High Courts, and subordinate courts to cease the practice of mentioning the caste or religion of litigants in case papers. The bench of Justices Hima Kohli and Ahsanuddin Amanullah issued the order, emphasizing that the practice should be shunned immediately. The directive extends to all High Courts, instructing them to ensure that the caste or religion of a litigant does not appear in the memo of parties in any petition filed before them.
The court’s order explicitly states, “We see no reason for mentioning the caste/religion of any litigant either before this Court or the courts below. Such a practice is to be shunned and must be ceased forthwith.” It further deems it appropriate to pass a general order, emphasizing that the caste or religion of parties should not be mentioned in the memo of parties in any petition or proceeding filed before the court, regardless of whether such details were furnished in lower courts.
The Supreme Court issued this order while allowing a transfer petition related to a marital dispute pending before a family court in Rajasthan. The court expressed surprise that the caste of both the husband and wife was mentioned in the memo of the parties, prompting the directive against this practice.
The court acknowledged that objections are raised by the Registry if there is any change in the memo of parties as filed before the courts below. In this case, as the caste of both parties was mentioned in the lower court, the petitioner had no option but to mention their caste in the transfer petition.
The top court directed that its order should be brought to the notice of members of the Bar and the Registry for immediate compliance. A copy of the order is also to be placed before the Registrar concerned for circulation to the Registrar Generals of all the High Courts for strict adherence to the directive. This move aims to eliminate the mention of caste or religion in legal case documents, promoting a more inclusive and non-discriminatory approach within the Indian judiciary.
