The caste/ religion of a litigant shall not appear in the memo of parties in any petition/suit/proceeding: Supreme Court

In Shama Sharma Vs. Kisan Kumar (2024), Supreme Court's bench of Justices Hima Kohli and Ahsanuddin Amanullah observed: "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. 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" in its order dated January 10, 2024.

Its order reads: "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. 12. The above directions shall be brought to the notice of the members of the Bar as well as the Registry for immediate compliance. A copy of this order shall be placed before the Registrar concerned for perusal and for circulation to the Registrar Generals of all the High Courts for strict compliance." This order is consistent with the preamble of the Constitution of India which aims to promote among the people of India "FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation."

On May 21, 2024, Registrar General of Patna High Court issued a Circular Order No. 05/2024 on the "Subject: Order dated 10.01.2024 passed in Transfer Petition (Civil) No. 1957 of 2023 (Shama Sharma Versus Kishan Kumar) by Hon'ble Supreme Court of India." It reads: The Hon'ble Supreme Court of India in its order dated 10.01.2024 passed in Transfer Petition (Civil)No. 1957 of 2023 (Shama Sharma Versus Kishan Kumar) has issued directions 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 jurisdiction. Accordingly, this Court in exercise of its powers under Article 227 of the Constitution of India and the resolution dated 10.05.2024 of the Hon'ble Full Court after having considered the afore-mentioned order of the Hon'ble Supreme Court, hereby issues the following direction for its strict adherence: 1. The caste/ religion of a litigant shall not appear in the memo of parties in any petition/ suit/ proceeding filed before the District Judiciary." 

The reference to caste and religion is unbecoming of the dignity and stature of human beings in general and citizens in particular. It is dehumanising. An order of the full court of the Supreme Court is required to expunge all such references in all the past orders of the Courts. 

Never mention caste or religion of a litigant in cause title of judgment: Supreme Court

In State of Rajasthan vs Gautam Mohanlal 2023 INSC 903, Supreme Court's Bench of Justices Abhay S. Oka and Pankaj Mithal observed: We find from the cause title of the judgments of the Trial Court and the High Court that the respondent’s caste has been mentioned.  The same defect has been carried forward in the Special Leave Petition as the description of the respondent accused must have been copied from the cause title of the judgments of the Courts." 

In the order authored by Justice Oka, it is  asserted that "An accused has no caste or religion when the Court deals with his case.  We fail to understand why the caste of the accused has been mentioned in the cause title of the judgments of the High Court and the Trial Court. The caste or religion of a litigant should never be mentioned in the cause title of the judgment. We have already observed in our order dated 14th  March 2023 that such practice should never be followed. The cause title in this judgment has been amended accordingly. Formal amendment be carried out after pronouncement of this judgment."