Madurai Bench of Madras High Court of Tamil Nadu gave such a decision regarding a religion, on which debate can now arise. The court said that a person seeking ‘no caste, no religion’ certificate will have to first formally renounce his religion. The petitioner had argued in the court that even though his parents belonged to the Hindu religion, he wanted a certificate from the authorities which did not mention caste or religion.
The case of ‘no caste, no religion’
On this, the court has clarified in an important decision that the person who wants to obtain ‘No Caste, No Religion’ certificate will first have to formally renounce his religion.
The court cited Article 25 of the Constitution
The Court said that freedom of conscience under Article 25 of the Constitution includes the right to adopt a religion as well as to renounce it, but it is necessary to clearly record this renunciation before issuing the certificate.
When the court asked this question to the petitioner
While investigating the case, the court asked the petitioner whether he had renounced his religion. The petitioner has answered this in the negative. Justice Ramasamy remarked that unless the petitioner renounces his religion as per Hindu customs, the request for issue of caste and religion leaving certificate is not maintainable. The court also said that no proof of apostasy has been presented.
With this application officials can consider
Keeping this fact in mind, the Court refused to set aside the order of the Tehsildar and dismissed the writ petition. Also, the Court gave liberty to the petitioner to renounce his religion and submit evidence before the authorities. The judge said that if a fresh application is made with proof of renunciation, the authorities can consider it.
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