Unfortunate That Even After 75 Years Of Independence, Court Requires Litigants To Disclose Caste For Filing Petition: PIL In Calcutta High Court

The petitioner, Vijay Kumar Singhal, represented by Advocates Phiroze Edulji and Pallavi Priyadarshee has submitted that he had earlier addressed a representation dated 28.11.2022 to the Chief Justice of the High Court, requesting for an amendment to Form A and for the removal of Item No. 6 therein, however, no action has been taken on the aforesaid representation till date. Aggrieved by this, the petitioner moved before the High Court through a PIL.

The petition states that the Appellate Side Rules of the High Court do not accord any reason as to what necessitates a petitioner, appellant or an applicant to disclose their caste for filing petitions before the Court, which requirement according to the petitioner is a violation of a litigant's fundamental rights.

Highlighting the origin and evolution of the Indian caste system, the petitioner said that:

"This Hon'ble Court, being the oldest High Court in India, has not only witnessed but has also actively contributed to the evolution and progress of the Indian society. It is unfortunate that even after 75 years of India's independence, this Hon'ble Court requires the petitioner/ appellant/ applicant to disclose their caste for filing a petition."

"Caste identity maybe necessary for the purpose of conducting census or for sketching out the reservation policies, but caste identity cannot be and should not be requisitioned for the purpose of filing a petition before a court of law. If a person, who knocks on the door of the temple of justice for redressing their grievance, is made to disclose their caste identity, then India is far from being a 'casteless' society," the petitioner has argued.

The petition has also stated that only in cases where the caste identity of a person may be relevant for purposes of the case, should it be permitted to be disclosed. However, in all other situations, a litigant must not be forced to disclose their caste identity for filing any petition, it adds

Submitting that the requirement is a violation of a litigant's various fundamental rights contained in Part III of the Constitution, the petitioner has prayed that Form A be made neutral with regard to caste and the requirement of mandatorily having to disclose it be removed.

Case Title: Vijay Kumar Singhal v. High Court of Calcutta