Stop mentioning caste or religion of litigants in cases, says Supreme Court

A bench directed all high courts to ensure that the caste or religion of a litigant does not appear in the memo of parties in any petition.

New Delhi: The Supreme Court has expressed surprise over mentioning of caste and religion of the parties in the case details, saying such a practice must be shunned and ceased forthwith in all courts of the country.

The top court directed all the courts including the high courts to ensure that the caste and religion of the parties are not mentioned in any petition, suit or proceedings before them.

Acting on a transfer petition from Rajasthan, a bench of Justices Hima Kohli and Ahsanuddin Amanullah noted with surprise that the caste of both the parties has been mentioned in the memo of parties, besides their other details.

"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," the bench said.

A counsel, appearing for the woman petitioner, submitted that if the memo of parties as filed before the courts below is changed in any manner, the Supreme Court Registry raises an objection. In the present case as the caste of both the parties was mentioned before the court below, he had no option but to mention their caste in the transfer petition, he said.

Taking exception to the practice, the bench issued a general order directing that henceforth the caste or religion of parties shall not be mentioned in the memo of parties of a petition/proceeding filed before this court, irrespective of whether any such details have been furnished before the courts below.

The court also issued a direction to all the High Courts to ensure that the caste/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 jurisdictions.

The court also said that its directions should be brought to the notice of the members of the Bar as well as the Registry for immediate compliance.

It directed the Registrar concerned to circulate this order with the Registrar Generals of all the High Courts for strict compliance.

The court had issued similar order earlier against use of caste or religion in title of the case.