Bombay HC order on declaring religion likely to be a watershed

A recent Bombay High Court judgment allowing people the freedom of not filling the religion column in public documents is likely to be a watershed.

The verdict sets an individual free from declaring if he professed any particular faith or believed in no religion.

Dealing with a PIL, a division bench of Justices A S Oka and A S Chandurkar interpreted the fundamental right to have the freedom of conscience guaranteed under Article 25 of the Constitution in a way that it allowed people to express an opinion that they do not belong to any religion.

A group of members of ‘Full Gospel Church of God’ approached the court contending that the state cannot compel any citizen to disclose his religion while submitting a form or declaration. They submitted a citizen has the right to claim that he does not believe in the philosophy of any religion and does not practise or profess any religion.

The court agreed to their plea saying there was no law which can compel any individual to embrace a religion.

“There is complete freedom for every individual to decide whether he wants to adopt or profess any religion or not. He may not believe in any religion. If he is professing a particular religion, he can give up the religion and claim that he does not belong to any religion,” the bench said. The bench explained Articles 19 (freedom of speech and expression) and 25 (freedom of conscience) of the Constitution.