Can’t seek ‘no religion certificate’ sans proof: HC
Madurai: Holding that a ‘no caste, no religion certificate' cannot be issued unless the person relinquishes his religion, Madras high court dismissed a plea moved by a man seeking a direction to the authorities to issue him such a certificate.Petitioner Chellamanickam of Sivaganga district said his parents are Hindus. Since his request seeking a ‘no caste, no religion certificate' was rejected by Thiruppathur tahsildar, he moved the present petition. The govt advocate appearing for the authorities said there is no GO for providing such a certificate, hence the request was rightly rejected by the tahsildar.
Justice Krishnan Ramasamy observed that when the court posed a question as to whether the petitioner, whose parents belonged to the Hindu religion, relinquished his religion, the petitioner answered in the negative. Unless and until the petitioner relinquished his religion as per Hindu rites, his request could not be considered by the authorities. As such, the issuance of such a certificate did not arise. Hence the court was not inclined to set aside the order and issue a direction as prayed for by the petitioner, the judge observed, and dismissed the petition.However, the judge observed that it is open to the petitioner to seek relinquishment of his religion and produce proof of it before the authorities. If a necessary application is made by the petitioner with proof of relinquishment of the religion, it may be considered in accordance with the rule, if any; otherwise, the necessary rule may be framed and the application considered thereafter, the judge observed.
Justice Krishnan Ramasamy observed that when the court posed a question as to whether the petitioner, whose parents belonged to the Hindu religion, relinquished his religion, the petitioner answered in the negative. Unless and until the petitioner relinquished his religion as per Hindu rites, his request could not be considered by the authorities. As such, the issuance of such a certificate did not arise. Hence the court was not inclined to set aside the order and issue a direction as prayed for by the petitioner, the judge observed, and dismissed the petition.However, the judge observed that it is open to the petitioner to seek relinquishment of his religion and produce proof of it before the authorities. If a necessary application is made by the petitioner with proof of relinquishment of the religion, it may be considered in accordance with the rule, if any; otherwise, the necessary rule may be framed and the application considered thereafter, the judge observed.
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