Bombay High Court Directs Advocates And Litigants Not To Mention Caste Or Religion Of Parties In Memo Of Parties

The Bombay High Court recently issued a notice prohibiting advocates and litigants from mentioning the caste or religion of any parties in petitions, suits, or proceedings filed before the court.

“…the Advocates and Parties-in-person shall not mention the Caste / Religion of any parties in the memo of parties in any petition / suit / proceeding filed before the Principal Seat at Bombay (Appellate Side and Original Side) and its Benches at Nagpur, Aurangabad and High Court of Bombay at Goa”, the notice reads.

This notice was issued following Supreme Court directions in Transfer Petition (Civil) No. 1957 of 2023 to refrain from mentioning the caste or religion of parties in petitions filed before the court.

During the proceedings involving a family dispute between a husband and wife, the Supreme Court noted that the caste of the parties was mentioned in the memo of parties, prompting it call for cessation of this practice.

“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 Apex Court had remarked.

In response to concerns raised by the petitioner's counsel regarding objections from the registry if alterations were made to the memo of parties, the Apex Court clarified that its direction applies irrespective of whether the caste or religion of the parties was furnished before lower courts. The Apex Court extended the direction to all High Courts.

Last year, another bench of the Supreme Court deprecated the practice of mentioning caste or religion in the cause title of judgments of High Courts and trial courts.

Click Here To Read The Notice