SC Orders its Registry to Stop Mentioning Caste or Religion of Litigants

The Supreme Court directed its registry officials on Wednesday to adhere to a recent court order directing the discontinuation of mentioning the caste or religion of litigants.

On January 10, a bench comprising Justice Hima Kohli and Justice Ahsanuddin Amanullah directed the apex court registry and all other courts to immediately cease the practice of including the caste or religion of litigants in court cases.

In a circular issued on Wednesday, the Supreme Court stated, “In compliance with the directions of the court, as above, all the concerned officers/officials of the Registry are hereby directed to adhere to the aforesaid directions 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.” It requested members of bar bodies like the Supreme Court Bar Association (SCBA) and Supreme Court Advocates on-Record Association (SCAORA) to take note of the directions.

On January 10, the 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 filed before the high courts or subordinate courts under their jurisdiction.

“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 is therefore 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/proceeding filed before this court, irrespective of whether any such details have been furnished before the courts below,” the bench had stated.

The apex court issued the order while allowing a transfer petition in a marital dispute pending before a family court in Rajasthan.

The Supreme Court expressed surprise that the caste of both the husband and the wife was mentioned in the memo of the parties.

The counsel for the petitioner had informed the court that if the memo of parties as filed before the courts below is changed in any manner, the registry raises an objection, and 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.

The Supreme Court then directed that its order shall be brought to the notice of the members of the Bar as well as the registry for immediate compliance.