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Ashutosh Raghuwanshi (Team Lead)     25 July 2012

Annulment of religion

I have studied almost all major religions and I do not have faith in any one of them.

Is it possible to legally remove the tag of religion from my identity?

If yes, any of the Hindu, Muslim or other similar laws will not apply on me then is there any specific law for such condition?



Learning

 11 Replies

Tajobsindia (Senior Partner )     25 July 2012

 

1. Right to freedom of faith is not a conferred right but a natural entitlement of every human being. In fact law does not assign it but it asserts, protect and insurers its entitlement.


2.
A person does not cease to be Hindu nearly because he declares that he has no faith in his religion. A person will not cease to be Hindu even if he does not practice his religion till he does not renounces his religion or starts living and behaving like an atheist or agnostic or starts eating beef or insulting God or Goddesses. He does not ceases to be member of the religion even if he starts expressing his faith in any other religion, he continuous to be a Hindu ref.: Chandra V. T. S. Chandarasekhara Mudaliar ... Vs Kulandaivelu Mudaliar And Others
[AIR 1963 SC 185]


3.
Article 25 COI incorporates right to practice, profess and propagation of faith not only this, the Article guarantees the freedom of conscience. Right to possess adopt abandoned faith is ascribed by a person since his birth.

4.
Hence if you are a Hindu and even if you claim to renounce Hindu religion (in public documents) if any action is to taken it will be taken under Hindu law whatever your rest of the beliefs are will be immaterial.

 

 

1 Like

Ashutosh Raghuwanshi (Team Lead)     25 July 2012

If I understood you correctly (please correct me if wrong), Any Hindu born person will legally remain Hindu untill he gets converted to Muslim or Christian or any other faith which has specific law in our constitution.

There is no separate law for people claimed to be Aitheist/Agnostic.

Is that correct?

CA. Vikash Dwivedi (Chartered Accountant)     25 July 2012

i can sense some mischievious mind behind your idea.

Ashutosh Raghuwanshi (Team Lead)     25 July 2012

CA. Vikash Dwivedi - Some miscgief might be possible but that is not my idea. I am simplly fed up with religious foolishness. I don't care what law they put on me. I just don't want to be called a Hindu, Muslim, Christian or follower of any religeon.


(Guest)
@ AUSHOTOSH I'm unable to know why u don't have any faith in religion. In my opinion the majority people feel that religion show the direction towards God which is just beliefs and not practical. But dear religion is very very important in regulating an individaul's behaviour. Without religion we are nothing, and without it we are no better than animals.

Sudhir Kumar, Advocate (Advocate)     05 August 2012

You said

"I just don't want to be called a Hindu, Muslim, Christian or follower of any religeon.

 

All religion teach good virtues and most of them are common. Can you live without following them.

puneet saxena (student)     14 August 2012

many of you are trying to teach Aushutosh about religion but are not giving answer to his question. you are wasting your time because there are very few  people those are agnostic or atheist and they(atheist/agnostic) come on this stage after a long thinking. they just don't believe that they listen or see as most of other.  and i think that  to be moral there is no need  to be religious. 

so answer the question if you have, don't preach. i think  minorty status should be given to the Atheist/Agnostic.  

@Tajobsindia, Sir if i rightly understand your comments,  A person will belong to the same religious group and same religious law will be applicable to him irrespective of that now he is an Atheist or Agnostic.

 

 

 

Sudhir Kumar, Advocate (Advocate)     15 August 2012

even the members of legal advise forum are first human being then legal experts. You cannot expect them to helpsomeone to propagate against very instituttion of religion. If one has studied all the reliegions, he has rejected their teaching collectively then he is on to create a faith of his own like many heads of religious sects. He has  a right to do so.

 

But even those persons who believe them to be atheists or call religion as opium for poor, when their family member dies they either burn or bury their body as per the practices prevelant in the faith to which they belong.

 

I again repeat.  All re;ligions hve some common good teachings. [i.e. pious deeds, pious means of earning, charity, fasting, community service, equality before god, chastity in marriage, respect for society].  One just cannot avoid following these virtues.

Ashutosh Raghuwanshi (Team Lead)     11 February 2013

I apreciate answers from all of you. Now I would like you think from another point of view.

Leagal age to choose your leader (vote) is 18. For marriage it 18 for girls and 21 for boys. I think understanding spiritual matters are much more complicated than that. Still how can we consider a child as a Hindu, Muslim or Christian?

Recently I registered the birth of my child and I was in great dilemma when I had to fill the religion point in the form. How can I tell what religion my child will follow?

Besides this I see large amount of discemenation in our law in the name of religion. Why don't we have one law for everyone. If our constitution is secular then why there are different laws for different religions. If I say that I do not believe in Hinduism, still only Hindu law will apply on me because I was born in a Hindu family.

Isn't it a violation of 3 out of 6 fundamental right I have:

 

  • right to equality
  • right to freedom
  • right to freedom of religion

Ashutosh Raghuwanshi (Team Lead)     11 February 2013

I just found some interesting information:

https://en.wikipedia.org/wiki/Modern_Hindu_law#Application_of_Modern_Hindu_Law

"those that are followers the Hindu religion, as well as those who are not Christian, Jewish or Muslim, are held accountable to these laws.[3] Therefore, it is assumed that all Indians who are not Muslim, Jewish or Christian are Hindu, disregarding personal religious laws of followers of Buddhist, Jain, Sikh and other religions, creating controversy within these communities. The Indian legal system does recognize Muslim, Jewish and Christian family courts as well as secular family courts."

Sudhir Kumar, Advocate (Advocate)     12 February 2013

This is not a psychitric forum


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