The Supreme Court passed a landmark order recently prohibiting any mention of caste or religious affiliation of litigants involved in case proceedings across courts. A bench comprising Justices Hima Kohli and Ahsanuddin Amanullah directed the SC registry, all High Courts and lower courts to cease this practice deemed irrelevant.
“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 court asserted. It called for immediate compliance.
Disapproval Over Bench, Petitioner Details
The strongly-worded observations surfaced while the bench was hearing a marital dispute transfer petition between spouses that had their respective castes stated on record. Despite lawyer explanations on past procedural objections over ‘discrepancies’ that compelled noting petitioner caste details already submitted earlier to lower courts, the SC said no reasons justify such irrelevant personal mentions.
Another SC bench led by Justices Abhay S Oka and Pankaj Mithal also took exception recently to caste being noted in a Rajasthan High Court case title and judgment against an accused.
Caste/Religion Immaterial in Justice Delivery
Experts hailed the prohibition affirming a citizen’s religious or caste identity has no bearing whatsoever on delivery of justice and outrage over invasion of privacy. Bodies like the Bar Council of India have historically campaigned for ending this discriminatory practice that undermines every litigant’s constitutional rights and dignity.
The SC’s strict directions signal a pivotal move to reinforce fairness, equality and neutrality as core pillars guiding the Indian judicial system by preventing insidious, outmoded conventions.
