Court dismisses petition due to lack of government order and proof of religious relinquishment
In a significant judgment, the Madras High Court's Madurai Bench has dismissed a petition requesting the issuance of a 'No Caste, No Religion' certificate. The petitioner, Chellamanickam, sought to obtain a certificate from the Tamil Nadu government that would not mention any caste or religion. However, the court, presided over by Justice Krishnan Ramasamy, upheld the decision of the authorities to deny the request due to the absence of a government order and the lack of proof of religious relinquishment.
The court highlighted the necessity for individuals seeking such certificates to provide evidence of having formally relinquished their religion according to prescribed rites. In this case, the petitioner, who belongs to the Hindu religion, was unable to demonstrate any legal or formal process of renouncing his faith. The judgment emphasized that without such proof, the issuance of a 'No Caste, No Religion' certificate cannot be entertained.
The court acknowledged the absence of any existing government order or framework to accommodate the issuance of such certificates. Consequently, it ruled that the petitioner’s request could not be considered until proof of relinquishment was provided and a relevant government order was in place.
The dismissal of the petition was accompanied by a directive that the petitioner may pursue the relinquishment of his religion and submit appropriate evidence to the authorities for reconsideration, should a government order be established in the future.
The judgment underscores the legal complexities surrounding the recognition of individuals who wish to dissociate from their caste and religious identities officially. It also points to the need for legislative or administrative measures to address such requests in a structured manner.
Bottom Line:
Issuance of 'No Caste, No Religion' certificate cannot be allowed in absence of proof of relinquishment of religion as per rites or relevant Government Order.
Statutory provision(s): None specified in the judgment.
