Telangana High Court has issued a landmark order directing the state government to include a 'no religion' and 'no caste' column in the application for Birth Certificates. The decision came in response to a plea filed by a couple seeking a non-religious and casteless identity for their child.
Justice Lalitha Kanneganti, presiding over the case, emphasized that citizens have the right not to follow or profess any religion, which is implicit in Article 25 of the Indian Constitution. The court held that the State cannot compel anyone to declare their religion, as doing so would infringe upon their fundamental rights guaranteed by the Constitution.
The couple, who had a love marriage and belong to different religions, argued that they had married without any religious rituals and wished to raise their children without any religious influence. They contended that India being a secular country allows individuals to choose whether they want to practice a religion or not.
In response to the court's order, the Union government stated that the subject of birth and death registration falls under the concurrent list of the Constitution, and the implementation is the responsibility of State Governments.
The court stressed that Article 25 confers freedom of conscience, which includes the right to profess, practice, or propagate any religion, as well as the right to reject all religions.
The High Court further emphasized that society is continuously evolving, and the State must make changes as required to respect human rights and foster harmony. The court cited a previous judgment affirming the duty to protect individual dignity and respect one another's dignity as a constitutional obligation.
The ruling is expected to have significant implications for citizens who choose to identify as non-religious and without any caste affiliation.
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