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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S.RAMESH, N.SENTHILKUMAR, JJ
H.Santhosh – Appellant
Versus
District Collector, Thirupathur – Respondent
| Table of Content |
|---|
| 1. claim for certificate of no caste or religion (Para 1 , 6) |
| 2. understanding caste and religion in india (Para 2 , 3 , 4) |
| 3. article 25 guarantees freedom of religion (Para 5) |
| 4. objections to issuing certificates (Para 7 , 8) |
| 5. promoting caste discrimination prohibition (Para 9 , 10) |
| 6. direction for issuing no caste no religion certificate (Para 11) |
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, C
Individuals have a Constitutional right under Article 25 to be recognized as not belonging to any caste or religion, promoting equality and non-discrimination.
The central legal point established is that the Revenue Authority cannot issue a 'No Caste No Religion' certificate without specific powers conferred by the Government.
The court directed KIRTADS to conduct an enquiry into the claims of petitioners for Community/Caste Certificates, allowing them to submit evidence, following established judicial precedent.
Verification of eligibility for community certificates requires evidence of residence before a specified date; prior issuance to relatives does not guarantee new certificates without proper inquiry.
Article 25 of the Constitution guarantees freedom of conscience, including the right to declare non-belief in any religion, but requires quantifiable evidence for public interest claims.
Caste cannot claim ownership of a temple as it is deemed public unless declared private; only distinct religious groups qualify as denominations under constitutional protections.
Caste certificates should only be issued to individuals belonging to the castes mentioned in the Presidential Order, as interpreted by the law declared by the Supreme Court.
The authority to verify Caste Certificates and the jurisdiction to cancel or issue fresh certificates lies with the Caste Scrutiny Committee under the Government Order dated 28.02.2011, unless obtain....
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