'Govt Should Respect Choice': Telangana HC On Birth Certificate Without Caste

In a landmark decision, the Telangana High Court has issued a directive to the state government to incorporate separate columns in both online and physical applications for individuals who choose not to disclose their caste and religion while seeking birth certificates and filling up school admission forms. 

The ruling comes as a result of a petition filed by a Hyderabad couple, Sandepu Swaroopa and David Ajjapagu, who faced denial of their son's birth certificate for failing to mention their caste.

Telangana HC On Birth Certificate Without Caste

Justice K Lalitha presided over the case and emphasised the fundamental right of citizens to practise and propagate a religion, as guaranteed under Article 25 of the Constitution, while also highlighting the right not to practise any religion, as protected under Article 19. 

The court acknowledged that individuals who prefer to remain casteless and without religious affiliation have the freedom to do so, and the government should respect their choice.

The couple's petition sought permission from the authorities to state that their son has no religion or caste, requesting to write "no caste, no religion" in the application form for obtaining the birth certificate. However, municipal officials insisted that they fill the caste column, citing the rigid format of the application.

M Venkanna, counsel for the couple, argued that the existing application formats were inflexible and did not allow room for those who prefer not to disclose their caste and religion. He pointed out that the school education department's applications and transfer certificates also include details about a child's caste and religion, creating additional challenges for individuals seeking anonymity in this regard.

"We are not advocating for the complete elimination of these particulars. They may be essential for marginalised communities seeking benefits from the state in the education and employment spheres. However, there are others who choose not to be identified by these labels. They should be given the option to opt out of mentioning their caste and religion," Venkanna stated.

The Census has recently introduced a new column to acknowledge those who prefer not to reveal their caste and religion particulars, signifying a growing recognition of individual autonomy in such matters.

Justice Lalitha's ruling directs the municipal administration and school education departments to modify the application formats, allowing individuals to maintain their privacy and exercise their freedom of choice in expressing their caste and religious affiliations.

The court's decision is being hailed as a significant step towards protecting personal choices and promoting inclusivity. It sets a precedent for respecting individual preferences and ensuring that administrative processes do not impose unnecessary burdens on citizens seeking to maintain their privacy in matters of caste and religion.

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