‘No religion, no caste’ columns in birth certificates, school forms: Telangana HC

Hyderabad: The Telangana High Court has asked the government to include columns for ‘No Caste’ and ‘No Religion’ in online and physical application forms for people who prefer not to mention their caste and religion while seeking birth certificates and filling out school admission forms.

The Telangana High Court Single Bench of Justice Kanneganti Lalitha ordered the principal secretary of the School Education Department, commissioner of Municipal Administration, and other government authorities to take the required steps.

Justice Kanneganti Lalitha was hearing a petition filed by two journalists, Sandepu Swaroopa and Ajjpagu David, seeking a direction from the respondent authorities, who were distressed with Kothakota municipal authorities in Wanaparthy district for denying them a birth certificate to their son after the parents did not mention their caste. They requested the court to recognise their request for omitting the religion and caste of their children in the birth certificate and in school admission forms.

The petitioners alleged that the government officials did not take any action even after repeated requests from the petitioners from April 7, 2019, onwards, about their family’s social identity. The family wanted their newborn's religion and caste to be mentioned as No Religion and No Caste on the birth certificate.

Secular spirit of Constitution violated

The denial of the government authorities is against the very secular spirit of the Indian Constitution apart from being violative of Articles 14, 19, 21 and 25 of the Constitution, the petitioners said.

Further, the petitioners asked the court to direct the officials to issue the certificate of ‘No Religion’ and ‘No Caste’ on all the birth certificates henceforth.

The petitioners asked the court that to issue directions on guidelines to make changes in the forms, including online formats, for people like the petitioners to also record their identity as ‘No Religion’ and ‘No Caste’.

They said the same rules should be applied to religious identities in all official records of state and central government such as census records, birth certificates, school admissions and school leaving records and certificates.

Justice Lalitha said that the right given to people to practice and propagate a religion under Article 25 of the Constitution includes the right not to practice the religion as well. Further, such freedom is there under Article 19. She directed the officials to make necessary changes in the application formats.

Justice Lalitha said that people who prefer to remain casteless and without religion can remain so. She directed the government authorities in the municipal administration and school education departments to make necessary changes in physical and online modes formats of birth certificates and school admission formats.