Individuals have a Constitutional right under Article 25 to be recognized as not belonging to any caste or religion, promoting equality and non-discrimination.

JUDGMENT :

M.S. RAMESH, J.

1. The paramount issue that arises for adjudication in this appeal is as to whether an Indian citizen can claim for issuance of a certificate recognizing him of not belonging to any caste or religion. In the order of the learned Single Judge passed in W.P.No.1290 of 2024 dated 22.01.2024, the appellant's request has been summarily rejected by holding that the Tahsildars of the State have not been empowered by the Government to issue such a certificate.

2. In India, religion and caste are two deeply rooted social identifiers that influence many aspects of life, including personal identity, politics and social interactions. Religion in India refers to a system of belief, practices and moral values centred around higher power or deity. India is known for its religious diversity with Hinduism, Islam, Christianity, Sikhism, Buddhism and Jainism being the major religions. Religion often shapes cultural practices, festivals and deity hopes and even marriage choices.

3. Caste in India is a traditional social hierarchy especially associated with Hindu society, though its influence is felt across other communities too. It divides people into hereditary groups based on occupation and social status, the four main Varnas being, the Brahmins (priests, scholars); Kshatriyas (warriors, rulers); Vaishyas (traders, merchants) and Shudras (labourers, service providers). Apart from these, there are Scheduled Castes (Dalits), Scheduled Tribes and historically marginalized groups, who have been subjected to discrimination.

4. While the Constitution of India prohibits caste based discrimination, caste and religion still play a significant role in social life, politics, education and employment through reservation policies.

5. Article 25 of the Constitution of India guarantees the freedom of religion to all individuals, by holding that every person has the right to freely profess, practice and propagate their religion. The key features envisaged in Article 25, in other words, is that the individuals can choose their own religious belief, publicly declare one's religion, perform religious rituals and customs and share one's religious beliefs. However, the freedom under Article 25 of Constitution of India is not absolute, but subject to public order, morality, health and other provisions relating to functional rights. The State can regulate or restrict economic, political or secular activities associated with religious practices. The State can also make laws for social welfare and reforms, even if they interfere with religious practices like abolition of untouchability and animal sacrifice. Thus, the State would be under a Constitutional obligation to implement the intention and object of Article 25 in general and for the purpose of this case, recognize the freedom of conscience of an individual to choose their own religious beliefs.

6. The appellant herein is married to one D.Suganya and is having two children, namely S.Ranadhira Viyash and S.Devadikshya. In an affidavit filed before us, he had declared that he intends to raise his children in a casteless and religion free society. He had further declared that he had never claimed any benefit from the Government under caste or religious reservation and neither does he intend to claim any benef