NEW DELHI: The Supreme Court has said the practice of mentioning of caste and religion of the parties in the case details must be shunned and ceased forthwith in all courts of the country.
A bench of Justices Hima Kohli and Ahsanuddin Amanullah directed all the courts including the High Courts to ensure that the caste and religion of the parties are not mentioned in any petition, suit or proceedings before them.
Hearing a transfer petition filed by a woman of the plea on restitution of conjugal rights from Rajasthan to Punjab, the court noted with surprise that the caste of both the parties has been mentioned in the memo of parties, besides their other details.
"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 bench said.
The counsel, however, said if the memo of parties as filed before the courts below is changed in any manner, the Supreme Court Registry raises an objection. 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, the counsel said.
Frowning upon the practice, the bench issued 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.
The court also issued a direction 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 court also said that its directions should be brought to the notice of the members of the Bar as well as the Registry for immediate compliance.
It directed the Registrar concerned to circulate this order with the Registrar Generals of all the High Courts for strict compliance.
The court had issued similar order earlier against use of caste or religion in title of the case in another case also arising from Rajasthan.
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