Supreme Court bans mention of caste or religion in court documents

A general order passed by the Supreme Court questions the significance of mentioning the caste and religion of petitioners and parties involved in a case, with a directive not to include the caste or religion of parties in the memo of parties for petitions/proceedings filed before the Courts, according to livelaw.in

The directive, passed by a Bench comprising Justices Hima Kohli and Ahsanuddin Amanullah, comes in response to a transfer petition involving a family dispute where the caste of the parties was mentioned in the memo.

Expressing strong disapproval of this practice, the Court emphasized that there is no justification for including such details in court filings. Justice Hima Kohli remarked, "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 directive not only applies to cases before the Supreme Court but also extends to all High Courts and subordinate courts across the country. The Court instructed the concerned Registrar to ensure immediate compliance with the order and directed the Registrar Generals of all High Courts to circulate the directive to lower courts within their jurisdictions.

Furthermore, the Court clarified that the prohibition on mentioning caste or religion applies regardless of whether such details were provided in filings before lower courts. This move underscores the Supreme Court's commitment to upholding the principles of equality and fairness in the administration of justice.

This decision builds on previous judicial pronouncements condemning the practice of including caste or religion in court documents. Last year, a Bench led by Justice Abhay SA. Oka had criticized certain Trial Courts and the High Court for mentioning caste or religion in the cause title of judgments, signalling a growing judicial consensus against such practices.