In a significant move towards fostering equality and eliminating discriminatory practices, the Supreme Court of India today has issued a circular to discontinue the mention of caste or religion in legal documents filed before the court. This circular, stemming from a recent order dated January 10, 2024, in the case of Shama Sharma vs. Kishan Kumar (Transfer Petition (C) No.1957 of 2023), marks a pivotal step towards promoting a more inclusive and impartial judicial system.

The court, in the circular, highlighted the unnecessary inclusion of caste and religion details in legal memos, emphasizing that such practices serve no substantive purpose and must be ceased immediately. 

Acknowledging the concerns raised by the petitioner's counsel regarding the compulsion to include caste details due to objections raised by the court registry, the Supreme Court unequivocally stated that there is no valid reason for mentioning the caste or religion of litigants in any legal proceedings. The court's stance reflects a firm determination to shun such practices and ensure that justice is administered without any bias or prejudice.

As part of the directive, the Supreme Court has instructed all concerned officers and officials of the court registry to adhere strictly to the new guidelines. Henceforth, the caste or religion of parties involved in any petition or proceeding filed before the court shall not be mentioned in the memo of parties, regardless of whether such details were provided in lower courts.

Furthermore, the directive extends beyond the Supreme Court's jurisdiction, as all High Courts are urged to implement similar measures to prohibit the mention of caste or religion in legal documents filed before them. This proactive approach aims to standardize practices across all levels of the judiciary and promote uniformity in upholding constitutional values.

In addition to directing court officials, the Supreme Court has called upon members of the legal fraternity to ensure compliance with the new guidelines. The Supreme Court Bar Association and the Supreme Court Advocates on-Record Association are urged to disseminate this directive among their members, emphasizing the importance of adhering to the principles of equality and non-discrimination in legal proceedings.

Read Circular: Caste or religion of parties not to be mentioned in memo of parties of a petition/proceeding.