NEW DELHI: Disapproving the practice of litigants mentioning their religion or caste along with their names, Supreme Court has directed all courts across the country to shun the practice and comply with its order.
“We see no reason for (it)… Such a practice 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 a bench of Justices Hima Kohli and Ahsanuddin Amanullah.
The apex court, while permitting transfer of a case to a family court in Punjab, was surprised to find the caste of both parties to the dispute (husband and wife) had been mentioned in the memo of the parties.
When asked, the petitioner’s lawyer said if the memo of the parties, as filed before SC is changed in any manner, the registry raises objection. And in this 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 proceedings before the apex court.
The bench then decided to pass a general order to be implemented across all courts – high courts or subordinate courts under their respective jurisdictions – in the country.
“We see no reason for (it)… Such a practice 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 a bench of Justices Hima Kohli and Ahsanuddin Amanullah.
The apex court, while permitting transfer of a case to a family court in Punjab, was surprised to find the caste of both parties to the dispute (husband and wife) had been mentioned in the memo of the parties.
When asked, the petitioner’s lawyer said if the memo of the parties, as filed before SC is changed in any manner, the registry raises objection. And in this 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 proceedings before the apex court.
The bench then decided to pass a general order to be implemented across all courts – high courts or subordinate courts under their respective jurisdictions – in the country.
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