Mentioning caste in any judicial and administrative matter is against the spirit of Constitution, says Rajasthan HC

Mentioning caste in any judicial and administrative matter is against the spirit of Constitution, says Rajasthan HC

Sangeeta Pranvendra Updated: Tuesday, April 28, 2020, 07:07 PM IST
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Rajasthan High Court | FPJ Photo

Rajasthan High Court has issued a notification that the caste of any person should not be mentioned in any judicial and administrative matter. The order issued by the Registrar General says that mentioning the caste is "against the spirit of Constitution and contrary of the 2018 order of HC". This is after an advocate raised the issue of mentioning caste in an order issued last week by a judge of Rajasthan HC to the Chief Justice of India.

The order issued on Monday stated that it has been observed that the caste of accused and other persons is being incorporated by the officers/officials of registry of this court and presiding officers of subordinate courts in judicial and administrative matters which is against the spirit of the Constitution and not in consonance of the directions of the Rajasthan High Court through an order dated 4 July 2018.

“Therefore it is enjoined upon all concerned to ensure that caste of any person including accused is not incorporated in any judicial and administrative matter,” read the order.

The matter arose after an order was issued after an advocate appeared directing advocates related to an advocate appearing before the court in a vest (baniyan). Taking offence the court had issued an order that advocates should be properly dressed during hearings being held through video conference. The said order mentioned the caste of the petitioner.

The order went viral and advocate Amit Pai wrote to the Chief Justice of Supreme Court and expressed concern about the ‘deep rooted prejudices’ that are reflected when incorporating caste in any judicial order.

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