Legal experts have welcomed the Bombay High Court judgment directing the state not to compel any individual to specify his religion in any form or declaration made to the government. The legal fraternity feels the ruling carries forward the underlying spirit of the Constitution of India which provides equal rights to all citizens.
Asim Sarode, advocate and human rights activist, hailed the decision as very progressive. "The values of our democracy should be considered in a more dynamic interpretation. This judgment takes that thought ahead. However, we are still struggling as a society while professing or practising a religion."
Saroda said Article 25 of the Constitution of India, is being misconstrued by fanatics. "Caste and religion are being mentioned because of reservation for certain categories. Reservation on the basis of religion and class should be changed. This judgment is a step forward to bring secularism in real practice."
The HC order came on a public interest litigation filed by three members of an organisation – Full Gospel Church of God. The members had sought for issuance of a gazette recording that they are not Christians but they belong to "No Religion". The petitioners had informed the court that the state should be told not to insist on religion in any of its forms or declarations.
Former IPS officer-turned advocate Y P Singh said, "There are a lot of rational thinkers, who feel religion is a superstition. I don't believe in religion so why should I be forced to write the religion in state documents/declarations. This order is in consonance with the tenets of freedom enshrined in our Constitution, and it should have come a long time ago."
Singh said India is a secular country and religion should be voluntary. "Its need should be only for statistical purpose, religion has to be an absolutely confidential thing for every individual."
In its order on Tuesday, the HC had said, "Freedom of conscience under Article 25 of the Constitution encompasses in itself a freedom to an individual to take a view that he does not belong to any religion. The freedom conferred also includes a right of an individual to claim that he is an 'Atheist'."
When HC came to the rescue of atheist teacher
Last year, the HC had granted a major relief to Sanjay Salve, an atheist teacher from Nashik, by directing the management of the school, where he was employed since 1996, to release his dues held back since 2008. Salve was harassed as he would not fold his hands during the daily school prayer meet.
The court had noted that it was not mandatory for Salve to fold his hands during the prayer meet. He had moved the HC, citing Article 28 (3) of the Constitution, which gives right to any person attending educational institutes receiving state funds to not participate in religious instructions.
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