The Supreme Court on Monday has passed a general order directing all the courts not to mention caste, religion of litigants in case papers. The apex court also directed that a copy of the order be placed before the concerned Registrar in order to ensure the immediate compliance of the directions. It added that the same shall be circulated to the Registrar General of all the High Courts.
The bench comprising Justice Hima Kohli and Justice Ahsanuddin Amanullah were hearing a transfer petition in a family dispute between husband and wife. In the particular case, the caste of the parties was mentioned in the parties memo. Expressing dissatisfaction over the same, the apex court marked that such practice of mentioning the litigant’s caste be shunned and ceased.
The bench pronounced that they see no reason for mentioning the caste or religion of any litigant either before the Supreme Court or other courts. It added that such a practice is to be shunned and must be ceased forthwith.
When questioned about the same, the petitioner’s (wife) counsel submitted that registry will object if memo of parties as filed before the courts below is altered. Furthermore, since the caste was mentioned before the court below, there was no option but to mention their caste in the Transfer Petition. The Court therefore clarified that the above-mentioned direction is irrespective of whether the caste or religion of the parties has been furnished before the courts below.
Consecutively, the court stated that it deemed appropriate to pass a general order directing that henceforth the caste or religion of parties shall not be mentioned in the memo of parties of a petition or proceeding filed before this Court, irrespective of whether any such details have been furnished before the courts below.
It added that a direction is also issued to all the High Courts to ascertain that the caste or religion of a litigant does not appear in the memo of parties in any petition, suit, proceeding filed before the High Court or the Subordinate Courts under their respective jurisdiction.