The Supreme Court stated that there is no justification for including the caste or religion of any litigant in proceedings before this Court or lower courts. “This practice should be avoided and discontinued immediately,” the Court declared.
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NEW DELHI: The Supreme Court of India has issued a directive that could significantly impact the legal documentation process in the country. The Court has ordered that the caste or religion of parties involved in any case should not be mentioned in the case papers, a move aimed at promoting equality and non-discrimination in the judicial system.
This directive emerged during the hearing of a transfer petition related to a marital dispute pending before a family court in Rajasthan. The case was set to be transferred to a family court in Punjab. During the proceedings, the Supreme Court expressed surprise upon noticing that the caste of both parties (husband and wife) involved in the dispute was explicitly mentioned in the memo of the parties.
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The lawyer representing the wife, who had filed the transfer petition, informed the Court that the mention of caste in the Supreme Court documents was a consequence of its inclusion in the family court papers. He explained that omitting this detail in the Supreme Court filings could have led to objections from the Court’s registry due to discrepancies with the details provided in the family court documents.
A bench of Justices Hima Kohli and Ahsanuddin Amanullah observed that the practice should be shunned and stopped immediately.
“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 … 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 Court ordered.
Addressing this issue, the Supreme Court made a decisive move to eliminate the mention of caste or religion in legal documents, regardless of their inclusion in lower court proceedings.
The Court’s order, dated January 10, explicitly states,
“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.”
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This decision by the Supreme Court is a significant step towards ensuring a more inclusive and non-discriminatory approach within the Indian legal system. By removing the mention of caste or religion from legal documents, the Court aims to foster a sense of equality and impartiality in judicial proceedings. This move is expected to have far-reaching implications, reinforcing the principles of justice and equality enshrined in the Indian Constitution.
[Read Order]
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