Gujarat and Gauhati High Courts stop practice of mentioning caste, religion of litigants in petitions

The Gujarat High Court and the Gauhati High Court recently issued notifications directing the advocates and litigants not to mention the caste and religion of litigants in the suits or petitions filed before the High Courts. .While the Gujarat High Court has ordered that the caste or religion of litigant should not be mentioned in petitions and proceedings before the High Court, the Gauhati High Court's direction to that effect also extends to lower courts in the State of Assam. These directions came about pursuant to an order passed by the Supreme Court on January 10 asking all courts across the country to stop the practice of mentioning the caste and religion of litigants in petitions and suits. In compliance with the directive issued by the apex court, Gujarat High Court Chief Justice Sunita Agarwal issued a notification on January 31 ordering that caste or religion of a litigant shall not be mentioned in the memo of parties in any petition, suit or proceedings before the High Court."Therefore, the Chief Justice has been pleased to direct that henceforth, the caste or religion of a litigant shall not be mentioned in the memo of parties in any petition, suit or proceedings filed in the High Court, irrespective of whether any such details have been furnished before the courts below," the notification said. All the advocates, government pleaders, public prosecutors, parties-in person were directed to comply with this notification. "The Chief Justice has been pleased to further direct that the Registry of the High Court shall not raise objections with regard to not mentioning the caste or religion of the litigants in any petition or proceedings filed in the High Court, though the same are mentioned in the proceedings filed before the lower court and entry of the caste or religion shall not be made in the computer software," the notification further said..A similar notification was also issued by the Gauhati High Court on January 30 though the direction applies not just to High Court but to all courts subordinate to it. "In terms of the directions issued by the Hon'ble Supreme Court of India vide order dated 10-01-2024 passed in Transfer Petition (Civi/) No. 1957/2023, Hon'ble the Chief Justice (Acting) has been pleased to direct that, henceforth, the caste / religion of a litigant will no longer be required to be mentioned in the memo of parties in any petition/ suit/ proceeding filed before the Gauhati High Court or the Courts under its jurisdiction," the notification said.Towards that end, the Court also notified changes to the existing 'filing forms.'"The existing filing form in respect of the principal seat and the outlying benches of the Gauhati High Court stands modified accordingly and is to be used hereafter at the time of filing of fresh cases," the notification stated. Further, through this notification, all the presiding officers of all other courts and tribunals under the jurisdiction of the Gauhati High Court have been directed to make the necessary modifications in the filing forms of their respective courts and tribunals..[Read Notifications]