Caste Or Religion Of Parties Should Not Be Mentioned In Any Filings Before Courts : Supreme Court

To ensure the immediate compliance of these directions, the Court also directed a copy of this order to be placed before the concerned Registrar. The same shall be circulated to the Registrar Generals of all the High Courts.

The Bench of Justices Hima Kohli and Ahsanuddin Amanullah were hearing a transfer petition in a family dispute between husband and wife. The caste of the parties was mentioned in the parties' memo. Expressing its dissatisfaction, the Court marked that such practice of mentioning the litigant's caste be 'shunned' and 'ceased.'

“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.”

When asked about the same, the petitioner's (wife) counsel submitted that registry will object if memo of parties as filed before the courts below is altered. Further, since the caste was mentioned before the court below, there was no option but to mention their caste in the Transfer Petition.

Accordingly, the Court also made it clear that the above-mentioned direction is irrespective of whether the caste or religion of the parties has been furnished before the courts below.

“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. A direction is also issued 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.”

In this context, it may be recalled that last year in October, a Bench led by Justice Abhay SA. Oka had deprecated the practice followed by certain Trial Courts and the High Court of mentioning the caste or religion of a party in the cause title of the judgment.

Case Title: SHAMA SHARMA v. KISHAN KUMAR., TRANSFER PETITION (CIVIL) NO. 1957 OF 2023

Citation : 2024 LiveLaw (SC) 62

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