The practice of
mentioning caste or religion of litigants in court cases must be shunned, the
Supreme Court has said while directing its registry and all other courts to
stop it immediately.
A bench of
Justices Hima Kohli and Ahsanuddin Amanullah 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 HCs 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 said.
The top court
passed the order while allowing a transfer petition in a marital dispute
pending before a family court in Rajasthan.
The apex court
expressed surprise that the caste of both the husband and wife was mentioned in
the memo of the parties.
The counsel for
the petitioner 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 top court
directed that its order shall be brought to the notice of the members of the
Bar as well as the Registry for immediate compliance.
"A copy of this
order shall be placed before the Registrar concerned for perusal and for
circulation to the Registrar Generals of all the High Courts for strict
compliance," the bench said.