'Practice must be shunned, ceased forthwith': SC on mentioning of caste or religion on cause title

A Supreme Court bench comprising Justices Justices Hima Kohli and Ahsanuddin Amanullah has issued a direction to all the High Courts to ensure that the caste or religion of a litigant does not appear in the memo of parties in any petition or suit or proceeding filed before the High Court or the subordinate courts under their respective jurisdictions.

New Delhi: The Supreme Court has expressed surprise over mentioning of caste and religion of the parties in the cause title, saying "we see no reason for mentioning the caste/religion of any litigant either before this court or the courts below."

A bench comprising Justices Hima Kohli and Ahsanuddin Amanullah said, "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," said the bench.

The bench further said that 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.

"The above directions 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," said the bench.

The top court passed the order on January 10, acting on a transfer petition from Rajasthan. The bench was surprised that the caste of both the parties has been mentioned in the memo of parties, besides their other details.

A counsel, appearing for the woman petitioner, submitted that if the memo of parties as filed before the courts below is changed in any manner, the Supreme Court registry raises an objection. The counsel said 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.

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