Telangana High Court directs state to offer option for declaring ‘no religion’ and ‘no caste’ in birth certificate application
In its ruling, the Telangana High Court affirmed that the petitioners possess the right to refrain from following or professing any religion, which is implicitly protected under Article 25 of the Constitution of India.
The Telangana High Court has instructed the state government to include options for “no religion” and “no caste” in the online birth certificate application format. Justice Lalitha Kanneganti’s bench observed that every citizen has the right not to follow or profess any religion, as implicit in Article 25 of the Constitution of India.
The court emphasized that the state cannot force citizens to declare or profess affiliation with any religion. In response to a plea filed by a couple who belonged to different religions and did not believe in the concept of religion, the court issued an order. The couple wanted to raise their children based on their beliefs. However, when they had a son in 2019 and applied for his birth certificate, they were required to provide his religious status. Despite multiple attempts to declare their child’s status as “no religion” and “no caste,” the authorities did not acknowledge their requests.
Consequently, the couple approached the high court, seeking a directive to the authorities for including the option of “No Religion and No Caste” on all Birth Certificate forms in similar cases. The high court cited a precedent from the Supreme Court’s ruling in ABC v. State (NCT of Delhi) (2015), where the top court had instructed authorities not to require the father’s signature for issuing a birth certificate in cases of single mothers.
The court further emphasized that every citizen possesses the right to act according to their conscience and beliefs, and the state cannot enforce otherwise. The court stated that any compulsion in this regard would be a violation of fundamental rights guaranteed by the Constitution of India. Additionally, the court recognized that society is constantly evolving, and in accordance with the Constitution’s mandate, the state must make necessary changes to adapt to evolving needs, as change is inevitable.
As a result, the court granted the couple’s petition and instructed the respondent authorities to include a column for “no religion” and “no caste” in the online application format for birth certificates.
