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Rajasthan High Court Issues Notification Against Mentioning Caste In Judicial Directives
The Rajasthan High Court issued a notification on Monday that the caste or religion of any individual including an accused should not be mentioned in any judicial or administrative matter stating that such a mention goes against the spirit of the Constitution.
Jaipur: The Rajasthan High Court issued a notification on Monday that the caste or religion of any individual including an accused should not be mentioned in any judicial or administrative matter stating that such a mention goes against the spirit of the Constitution. It also held that it runs contrary to the 2018 directions of the High Court.
Following controversy over mention of caste name in a judicial order, Rajasthan HC directs that caste should not be incorporated in any judicial or administrative matter. Says such mention is against the "spirit of constitution" and contrary to a 2018 direction of HC. pic.twitter.com/UK3jqZ7ilX
— Live Law (@LiveLawIndia) April 27, 2020
The Rajasthan High Court directive is said to have been issued after a letter was addressed to chief Justice of India SABobde on the practice of mentioning caste/religion of party in the cause title of cases listed in Rajasthan High Court. The letter further stated that this was against equality.
On Friday, an advocate was cautioned for inappropriate attire after he appeared in a case before the Rajasthan High Court via video conference in his vest (baniyan). The single judge hearing the case decided to adjourn the matter stating that the court had clearly asked lawyers to be appropriately dressed in virtual hearings.
The adjournment order passed by the single judge mentioned the caste of the bail applicant in the cause title and this led to widespread criticism. Advocate Amit Pai, among others,is reported to have written to CJI Bobde expressing concern over deep-seated biases in society seen in mentioning the caste of a party in a judicial directive. He added that he had come across a number of cases of this nature in which the caste or religion of parties found a mention in affidavits.
