IMPORTANT POINT
The central legal point established in the judgment is that citizens have the right to claim that they or their children do not belong to any religion or caste, as guaranteed by Article 25 of the Constitution of India.

ORDER :

This Writ Petition is filed seeking the following relief:

“ to issue a writ, order or direction more particularly one in the nature of writ of mandamus under Article 226 of the Constitution of India declaring the inaction of the respondents in taking any action even after receiving the repeated representations of the petitioners dated 7.4.2019 onwards for their family social identity stating their new born child’s status of religion and caste as no religion and no caste in the birth certificate and the denial of the same is against the very secular spirit of the Indian Constitution apart from being violative of the Articles 14, 19 and 21 and also 25 of Constitution of India consequently direct the respondents to issue the certificate of “No Religion and No Caste” in all Birth Certificate forms which is an online Format to those who opt for it like the petitioners and also further direct the concern respondents to take steps and issue guidelines and make changes accordingly in the forms including on line formats that whenever any one applies like the petitioners they have to receive such application and have to record their identity with “No Religion and No Caste” as opted by them in addition to all other Religious identities existing there in all the official records of state and central Government like the Census Recording forms and formats, Birth Certificates, School admissions or school leaving records and certificates and pass such other order or orders that deem jut and proper in view of the facts and circumstances and in the interest of justice.”

2. Sri M. Venkanna, learned counsel for petitioners submits that petitioners are wife and husband and their marriage was a love marriage. They belong to two different religions. The 1st petitioner is B.Sc., B.Ed. Graduate working as Journalist in “Nava Telangana” and the 2nd petitioner is a postgraduate with M.A.B.Ed. and she is also a writer and founder member of Osmania University Research Scholars Forum since 2013. Presently, she is working as Editor of “Campus Voice”. It is submitted that the petitioners’ son born on 23.03.2019 and was named as Evan Rudea. When they wanted to apply for birth certificate, they found that it is must to fill the religious status of the child in column No.9 without which the Application is incomplete and the same cannot be presented. Under the religion column, the options given are 1) Hindu, 2) Islam, 3) Christian and the 4th one is ‘other religions’. “Any other” option also prescribed under Religion column only, but there is no option for non-religious practitioners or identity. It is submitted that India is a secular country and by virtue of these applications, they cannot compel a citizen to mention that he / she belongs to a particular religion against their will and wish by virtue of on line platform. It is submitted that the petitioners have made representations to all respondents and requested them to consider the request and give them a provision to claim the child status as non-religious and no caste. As this being an on line registration application format which will decide for all future purposes such as school admission certificate, etcetera, he could not fill his son’s on line application format and did not get the birth certificate till now. Learned counsel submits that in 2011 August 14, the petitioners married without any religious rituals of any religion to which both of them belong respecting one another’s belief, they want to live a democratic way of life. They want to bring the children without any religious formalities or caste practices as a non-believer family at their home or outside home. They wanted to nurture and nourish him in such a way that they cherish a true democratic and humanistic values in their day to day life. They have promised the child in their letter written to him which was filed with this affidavit in the material papers which speaks their outlook towards life. It is submitted that when the petiti