The Supreme Court of India has taken a significant step towards ensuring equality and fairness in the judicial system by ordering its Registry, all High Courts, and subordinate courts to stop the practice of mentioning the caste or religion of litigants in case papers. This proactive measure is aimed at promoting impartiality and non-discrimination within the Indian judicial framework.
Immediate Cessation of Mentioning Caste or Religion
The bench of Justices Hima Kohli and Ahsanuddin Amanullah has unequivocally directed all High Courts to ensure that the caste or religion of a litigant does not appear in the memo of parties in any petition filed before them. The Supreme Court’s order emphasized the immediate cessation of mentioning the caste or religion of any litigant, both in the Supreme Court and the courts below, asserting that such a practice should be shunned without delay.
Surprise Over Mentioning Caste in Memo of Parties
The apex court’s ruling was prompted by a marital dispute pending before a family court in Rajasthan, where the caste of both the husband and wife was surprisingly mentioned in the memo of the parties. This revelation raised concerns about the prevalent practice of mentioning caste and religion in legal documents, leading to the urgent need for intervention and reform.
Challenges in Modifying Memo of Parties
The counsel for the petitioner disclosed the challenges associated with modifying the memo of parties filed before the courts below, citing how the Registry raises objections when attempting to make changes. This often leaves legal practitioners with no choice but to adhere to the existing practice, despite recognizing its discriminatory implications. The Supreme Court’s directive is expected to address these challenges and bring about a transformation in the judicial approach towards mentioning caste and religion in case papers.
Immediate Compliance and Strict Circulation of the Order
The Supreme Court’s proactive stance on this matter is further emphasized through its instruction for the immediate compliance and strict circulation of the order. It has emphasized the importance of ensuring that the directive reaches all members of the Bar and Registry, underlining the urgency and priority attached to this crucial initiative for promoting equality and justice.
Conclusion
In conclusion, the Supreme Court’s recent ruling to prohibit the mentioning of caste or religion of litigants in case papers marks a pivotal moment in the pursuit of a more equitable and inclusive judicial system. By addressing and rectifying entrenched practices that perpetuate discrimination, the Court’s directive is a significant step towards upholding the principles of fairness, impartiality, and non-discrimination in the legal domain. This proactive measure sets a positive precedent for promoting a more just and equitable society and legal system in India.
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