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 by Article 25
of the Constitution also includes a right of an individual to claim that he
is an 'Atheist'. As the freedom of conscience confers a fundamental
right to entertain a religious belief, it also confers a right on an
individual to express an opinion that he does not belong to any religion.
No authority which is a State within the meaning of Article
12 of the Constitution of India or any of its agency or instrumentality
can infringe the fundamental right to freedom of conscience. Any
individual in exercise of right of freedom of conscience is entitled to
carry an opinion and express an opinion that he does not follow any
religion or any religious tenet. He has right to say that he does not
believe in any religion. Therefore, if he is called upon by any agency or
instrumentality of the State to disclose his religion, he can always state
that he does not practice any religion or he does not belong to any
religion. He cannot to be compelled to state that he professes a
particular religion.
10. The prayer made in this Petition is to direct the Respondents
to recognize “No Religion” as a form of religion. When an individual
says that he does not practice or profess any religion, he does not
belong to any religion or any religious sect. The other part of the
Prayer Clause (A) seeks a writ of mandamus directing the Respondents
not to insist on writing/mentioning/specifying/quoting religion in any
of its forms or declarations which are to be filled in by a citizen. No
individual can be compelled to state that he belongs to a particular
religion, though he does not practice or profess the said religion. He
has a fundamental right to state that he does not profess or practice any
religion and, therefore, what follows is the second part of the Prayer
Clause (A) which will have to be granted. Therefore, the Government
Printing Press cannot deny request of a citizen to declare in the gazette
that he does not belong to any religion.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.139 OF 2010
Dr. Ranjeet Suryakant Mohite, )
Vs
The Union of India,
CORAM : A.S. OKA & A.S.CHANDURKAR, JJ
DATE ON WHICH JUDGMENT IS PRONOUNCED: 23RD SEPTEMBER 2014
Citation2015(2) ALLMR55
Print Page
encompasses in itself a freedom to an individual to take a view that he
does not belong to any religion. The freedom conferred by Article 25
of the Constitution also includes a right of an individual to claim that he
is an 'Atheist'. As the freedom of conscience confers a fundamental
right to entertain a religious belief, it also confers a right on an
individual to express an opinion that he does not belong to any religion.
No authority which is a State within the meaning of Article
12 of the Constitution of India or any of its agency or instrumentality
can infringe the fundamental right to freedom of conscience. Any
individual in exercise of right of freedom of conscience is entitled to
carry an opinion and express an opinion that he does not follow any
religion or any religious tenet. He has right to say that he does not
believe in any religion. Therefore, if he is called upon by any agency or
instrumentality of the State to disclose his religion, he can always state
that he does not practice any religion or he does not belong to any
religion. He cannot to be compelled to state that he professes a
particular religion.
10. The prayer made in this Petition is to direct the Respondents
to recognize “No Religion” as a form of religion. When an individual
says that he does not practice or profess any religion, he does not
belong to any religion or any religious sect. The other part of the
Prayer Clause (A) seeks a writ of mandamus directing the Respondents
not to insist on writing/mentioning/specifying/quoting religion in any
of its forms or declarations which are to be filled in by a citizen. No
individual can be compelled to state that he belongs to a particular
religion, though he does not practice or profess the said religion. He
has a fundamental right to state that he does not profess or practice any
religion and, therefore, what follows is the second part of the Prayer
Clause (A) which will have to be granted. Therefore, the Government
Printing Press cannot deny request of a citizen to declare in the gazette
that he does not belong to any religion.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.139 OF 2010
Dr. Ranjeet Suryakant Mohite, )
Vs
The Union of India,
CORAM : A.S. OKA & A.S.CHANDURKAR, JJ
DATE ON WHICH JUDGMENT IS PRONOUNCED: 23RD SEPTEMBER 2014
Citation2015(2) ALLMR55
