• Do I have to do any legal paperwork if I want to remain as non-religious or in "others" category?

I am 25 years old. While applying for several public sector jobs, I specified my religion as "Others" and specified it as "none" wherever asked as I am not religious. My parents are Muslim and they insist that since they are Muslims, I have to state my religion as Islam. My question is does a person by law inherit the religion of his parents? Do I have to do any legal paperwork if I want to remain as non-religious or in "others" category?
Asked 7 years ago in Constitutional Law

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11 Answers

1. Answer to your question "does a person by law inherit the religion of his parents? , run into negative but you have an option to inherit such religion without any paper work but if you wish adopt any other religion they paper work is necessary.

2. You need not do any paper work to declare yourself as "secular".

3. Hats Off to you.

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
491 Consultations

Hi, the selection in railways if not done on relegion grounds , then there can not be any grounds for your rejection ..

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

THE ISSUE RAISED BY YOUR SEEMS YET BE SOLVED BY THE hON'BLE COURTS. IF YOU FACE ANY PROBLEM THEN PLEASE APPROACH THE HIGH COURT AND GET STAY ORDER.

"This Hyderabad Couple Is Fighting for a ‘No Religion, No Caste’ Option for All"

A man and woman belonging to different religions meet, fall in love, and get married. When they have kids, they decide to raise them in a secular, non-religious way. And everything looks as simple as it sounds.

But a few years later they come to know that their personal decision is not so easy to follow after all. This is because they come across a column named ‘religion’ in all government forms they need to fill for their kids – school admission, passport application, you name it.

This, in a gist, is the story of DV Ramakrishna Rao and his wife S Clarance Krupalini, a Hyderabad-based couple that has taken up a unique fight – seeking the right to reject religion.

They have filed a Public Interest Litigation (PIL) asking the Telangana, Andhra Pradesh, and Central governments demanding that all such forms have a column for people who do not believe in any religion. And the great part is that on March 20, the Hyderabad High Court asked Telangana, AP, and Central governments to respond to the PIL in two weeks.

“My wife and I belong to different religious and caste origins. While my wife believes in religion and practices Christianity, I don’t believe in any religion. After marriage, we thought that we will raise our children in a democratic, rational and non-religious way, without the confines of caste and religious beliefs,” says Ramakrishna.

In the year 2010, when the couple went for their younger daughter Sahaja’s school admission, the school authorities told them that they have to fill either the mother’s or father’s religion in the admission form. This, they said, would be required later for the school to make a transfer certificate for the student.

Ramakrishna and Clarance discussed their beliefs with the school, but the concerned person could only say that this is not in their hands and that government prescribed forms require these details. Not ready to give up so soon, the couple went to the district education officer and the Andhra Pradesh state human rights commission with the same query – but to no avail.

Because of lack of time and an upcoming deadline, they were forced to fill in the religion in the form, to get their daughter admitted to school.

After this, they immediately moved a writ petition in the Andhra Pradesh high court. “When I went with the writ petition, the high court justice said that according to Article 25 of the Indian constitution, the right to religion means right to not practice any religion too. He commented on our problem very positively and said that as such nobody can pressurize anybody if they don’t want to disclose their religion,” says Ramakrishna.

Seven years later, their elder daughter Spandana is going to sit for her Class 10 board exams, for which she had to fill an online application form. This form asks for the religion of the applicant, and the column has seven options – Hindu, Islam, Christianity, Sikhism, Buddhism, Jainism, and others. “What this ‘Others’ means is that while I don’t belong to any of the six mentioned religions, I do belong to some other religion. Which is not true in our case,” he says.

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
491 Consultations

You don’t need any paperwork to be non religious

2) you cannot be forced to follow religion of your parents

3) under article 25 of constitution right to religion means right not to practice any religion too

Ajay Sethi
Advocate, Mumbai
97330 Answers
7864 Consultations

You cannot be rejected because you did not declare yourself to be Muslim

On the event any query is raised you should mention that you are an atheist and do not follow any religion

Ajay Sethi
Advocate, Mumbai
97330 Answers
7864 Consultations

India is a secular democratic republic where the state does not profess or, for that matter, support any religion.

Under the Constitution of India, an individual has the complete right to believe or not believe in any religion.

Owing to your personal reasons, you may not feel comfortable with any faith and would rather keep off from any of it; and this is perfectly tenable in the eyes of law.

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

Dear Client,

Right to profess religion or not , cannot be comped by govt.

The freedom conferred by Article 25 of the Constitution also includes a right of an individual to claim that he is an ‘Atheist’. ...

Read Below - Judgement.

Read more at: http://www.livelaw.in/government-compel-individual-declare-specify-religion-bombay-high-court/

Yogendra Singh Rajawat
Advocate, Jaipur
23006 Answers
31 Consultations

Please take note that you can not forced to follow any religion.

Muslim is religion which one has to follow and if one ceases to believe in the existence of Allah, one ceases to be a Muslim by religion

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Also you will not be rejected for this reason of not mentioning any religion.

Article 25 gives you the liberty to not follow any religion also.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

My parents are Muslim and they insist that since they are Muslims, I have to state my religion as Islam. My question is does a person by law inherit the religion of his parents? Do I have to do any legal paperwork if I want to remain as non-religious or in "others" category?

It is absolutely your will, wish and rights whether to follow the parents religion or not.

You can decide to not to follow any religion, nobody can force you to do so.

You are protected under constitutional rights in such circumstances.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

Now After everything has been done, I have to report to the GM's Office on 5th January 2018. Now because I have declared myself as others, do they have any basis to reject me on the grounds that my parents are Muslim and I haven't declared myself as Muslim? I have no plan to adopt any religion now or in future. I am an atheist.

It is your choice to own rights whether to follow any religion or to remain an atheist.

Nobody can force their decision on you.

You have rightly ticked the 'others' column as per your choice and wishe.

You need not be worried about it.

The employer cannot reject your candidature for this reason.

An rejection on this ground is constitutionally not valid and the employer will be asked to give explanation by the court if he adopts any such step to reject your candidature.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

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