Don't Mention Caste Of Parties In Cause Titles Of Judgements: Supreme Court To Trial Courts

The Supreme Court of India on Tuesday clarified that the caste of parties shouldn’t be mentioned in the cause titles of judgements. A bench of Justices Abhay Shreeniwas Oka and Rajesh Bindal advised Trial Courts to refrain from continuing the practise of adding one's caste next to the name in the cause titles. “We may note here that in the cause title of the judgement delivered by the ld. Special Judge under the POCSO Act, Kota, in the State of Rajasthan. In the Cause Title, the caste of the accused has been mentioned. We are of the view that such practise should never be followed and that the trial courts are well advised to not mention caste in the cause title of judgements.” The Benched also directed the Registrar General of Rajasthan High Court to provide a copy of this order to all Principal, District and Sessions Judges in the State. The Court was hearing a challenge against a Rajasthan High Court order reducing the sentence to a rape convict under the POCSO Act. The High Court stated that the trial Court had committed no error in convicting the accused appellant under relevant sections of the Indian Penal Code and POCSO Act. However, due to other reasons such as the accused’s age, financial background, being incarcerated for over 5 years and being a first-time offender, the High Court reduced his sentence from life imprisonment to 12 years of rigorous imprisonment. The Court had asked the Jail superintendent to inform the Respondent the next date of hearing and to do the needful if he wanted legal assistance. “The petitioner will inform the Jail superintendent to communicate the next date fixed for hearing to the Respondent. The Jail Superintendent will inform the Respondent that he can get a lawyer of his choice. If the Respondent wants legal aid, the jail superintendent shall forward necessary application to the Supreme Court Legal Services Committee to enable the committee to appoint a lawyer for espousing the cause of the respondent”. After passing the order, Justice Bindal pointed out that the respondent’s caste was mentioned. “Why should we mention it? My brother is absolutely right”, Justice Oka added. In Rajasthan they mention it, the advocate appearing for the State pointed out while adding that sometimes, even FIRs contain the caste of the accused. The Advocate further pointed out that the High Court Rules also provided for the mentioning of the caste. “When they file an application, everybody puts the caste in the title. It has to be removed from there also”. Point out that rule, the Bench said before adjourning the matter. Case Title: State of Rajasthan vs Gautam Harijan | SLP [Crl] 11331/2019

Don't Mention Caste Of Parties In Cause Titles Of Judgements: Supreme Court To Trial Courts

Rintu Mariam Biju

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