Citizen can declare that he does not belong to any religion:HC

Image
Press Trust of India Mumbai
Last Updated : Sep 24 2014 | 3:19 PM IST
In a significant judgement, the Bombay High Court has held that the government cannot compel any person to declare his religion in any document, form or declaration.
Hearing a PIL filed by three individuals, a bench of justices Abhay Oka and A S Chandurkar ruled that every citizen in India, which was a secular democratic republic, had the right under the Constitution to state that he or she does not belong to any religion and does not practice or profess any religion.
The Centre and Maharashtra Government had stated that "No Religion" filled up in official forms cannot be treated as a religion or a form of religion.
Referring to Article 25 of the Constitution which guarantees right to freedom of conscience, the bench held that such a right conferred on a citizen includes a right to openly say that he or she does not practice any religion.
"India is a secular democratic republic and there is complete freedom for any individual to decide whether he or she wants to adopt or profess any religion," the judges said in their judgement yesterday.
"If a person is practising any particular religion, he or she can give up that religion and claim that he or she does not belong to any religion," the bench observed.
The petitioners -- Dr Ranjit Mohite, Kishore Nazare and Subhash Ranware -- had approached the State printing press seeking issuance of a gazette notification that they belonged to "No religion". The State had rejected their application, following which they approached the High Court.
The petitioner said they belonged to an organisation named Full Gospel Church of God which has 4000 members. Though the name of this organisation suggests that it may be a Christian body, the organisation does not believe in any religion, much less Christianity.
They said that although they believed in Jesus Christ they did not believe in Christianity or any religion. They further said that they had a right under the Constitution to state that they were not following any religion.
The Centre and Maharashtra Government opposed their plea saying "No Religion" filled up in official forms cannot be treated as a religion or a form of religion.
The High Court, however, was of the view that India was a secular democratic republic with no state religion.
It held that no State authority can infringe upon a person's right guaranteed under Article 25 of the Constitution i.E freedom of conscience and freely practising, professing or propagating any religion.
*Subscribe to Business Standard digital and get complimentary access to The New York Times

Smart Quarterly

₹900

3 Months

₹300/Month

SAVE 25%

Smart Essential

₹2,700

1 Year

₹225/Month

SAVE 46%
*Complimentary New York Times access for the 2nd year will be given after 12 months

Super Saver

₹3,900

2 Years

₹162/Month

Subscribe

Renews automatically, cancel anytime

Here’s what’s included in our digital subscription plans

Exclusive premium stories online

  • Over 30 premium stories daily, handpicked by our editors

Complimentary Access to The New York Times

  • News, Games, Cooking, Audio, Wirecutter & The Athletic

Business Standard Epaper

  • Digital replica of our daily newspaper — with options to read, save, and share

Curated Newsletters

  • Insights on markets, finance, politics, tech, and more delivered to your inbox

Market Analysis & Investment Insights

  • In-depth market analysis & insights with access to The Smart Investor

Archives

  • Repository of articles and publications dating back to 1997

Ad-free Reading

  • Uninterrupted reading experience with no advertisements

Seamless Access Across All Devices

  • Access Business Standard across devices — mobile, tablet, or PC, via web or app

More From This Section

First Published: Sep 24 2014 | 3:19 PM IST

Next Story