Telangana HC Directs State Govt to Provide Column for Declaring 'No Religion', 'No Caste' In Application For Birth Certificate
Court was dealing with a plea moved by an interfaith couple who wanted to their son's birth certificate to not mention any caste or religion
The Telangana High Court recently directed the state government to provide a column for “no religion”, and “no caste” in the online application format for birth certificates.
The bench of Justice Lalitha Kanneganti observed that a citizen has every right not to follow or profess any religion which is implicit in Article 25 of the Constitution of India.
"It (Article 25) confers the right to freely profess, practice or propagate any religion, which includes in it the citizen's right to say that he does not believe in any religion and he does not want to profess, practice or propagate any religion," said the court.
It added that the state cannot compel the citizen to profess or declare that he belongs to one religion or the other.
Court passed the order in a plea filed by a man and his wife who belonged to two different religions and who did not believe in the concept of religion, therefore, they wanted to bring up the children as per their beliefs.
When a son was born to the couple in 2019 and they tried applying for a birth certificate, they found that it was a must to fill the religious status of the child for the same.
The couple then moved multiple representations before the concerned authorities for their family social identity stating their newborn child’s status of religion and caste as no religion and no caste in the birth certificate but to no avail.
The couple, therefore, moved the high court seeking direction to the authorities to issue the certificate of “No Religion and No Caste” on all Birth Certificate forms in cases like the couple's.
The high court referred to the Apex Court's ruling in ABC v. State (NCT of Delhi) (2015) where the top court had directed the authorities to not insist for father's signature for issuance of a birth certificate for a child of a single mother.
Further, court highlighted that a citizen has a right to act as per his conscience and belief and the state cannot compel him otherwise. "If he is compelled to do so, it is nothing but infringing his fundamental rights guaranteed by the Constitution of India," said the court.
Court added that the society is continuously evolving and as per the mandate of the Constitution, the state has to make changes wherever required as per the changing needs as change is inevitable.
"At all times, the state has to respect human rights and bring harmony in the society," said the court.
Accordingly, court allowed the couple's petition and directed the respondent authorities to provide a column for “no religion”, and “no caste” in the online application format of birth certificates.
Case Title: Sandepu Swaroopa and Another v Union of India and Others