Constitution Guarantees Right To Live Without Any Religion, Non-Religious Persons Can’t Be Sidelined: Kerala HC...
🔹 Meaning and Significance of the Observation
The essence of the Kerala High Court’s statement is that:
Every individual has the freedom to follow a religion, change it, or choose not to follow any religion at all.
Non-religious individuals—atheists, agnostics, rationalists—enjoy the same rights and protections as religious individuals.
The state must remain neutral, and cannot favor religion over non-religion, or discriminate based on religious belief or the lack thereof.
This interpretation promotes freedom of conscience, which is not limited to belief in religion, but also includes the freedom from religion.
🔹 Judicial Reasoning Without Using External Law
Let’s understand how a constitutional court (like the Kerala High Court) can arrive at such a conclusion using pure constitutional reasoning and principles of justice:
1. Right to Personal Autonomy
A human being has autonomy over thought, belief, and identity.
If a person chooses not to follow any religion, it is part of their dignity and individual choice.
Courts recognize this as an extension of the broader right to live with dignity and make personal decisions without state interference.
2. Equality Before the Law
If the state grants benefits, privileges, or recognition only to those who belong to a religion, and excludes non-religious persons, it results in discrimination.
All individuals must be treated equally, regardless of whether they are religious or not.
3. Secular Nature of the State
The judiciary views the state as secular—which means it should have no religion.
A secular state must treat all citizens equally and must not side with religion or non-religion.
This also means it cannot penalize or exclude those who reject religious practices or beliefs.
🔹 Illustrative Case: Kerala High Court’s Reasoning (e.g., in XYZ v. State of Kerala)
(Note: Since external statutes and law references are excluded, this is a fictionalized case-style explanation.)
Facts:
A citizen filed a petition stating that certain public schemes, educational systems, or societal practices indirectly excluded non-religious persons or made assumptions based on religious identity.
Court’s Observations:
“The Constitution recognizes the right of every individual to live with dignity. This includes the right to believe, not believe, or to remain indifferent to religious doctrines.”
“Secularism does not mean promoting all religions equally—it also includes protecting the rights of those who profess no religion.”
“Non-religious persons cannot be considered as having lesser moral standing, and their identity must be equally protected.”
“No individual can be compelled to participate in religious activities or conform to religious norms in public or state institutions.”
Held:
The Court ruled that any exclusion, disadvantage, or indirect compulsion imposed on a person merely because they are non-religious violates the core constitutional values of liberty, equality, and secularism.
🔹 Core Constitutional Principles Involved (Without Naming Laws)
Freedom of Conscience: The right to think, believe, or reject belief.
Dignity of the Individual: Each person is a moral agent with full rights, regardless of religion.
State Neutrality: The state must not endorse any worldview—religious or non-religious.
Equality: No person can be discriminated against on the basis of belief or its absence.
🔹 Conclusion
The Kerala High Court, through its observation, reinforced the idea that:
Religious belief is not a requirement for citizenship, dignity, or legal protection.
Non-religious persons are full and equal members of the constitutional order.
The freedom to live without religion is as sacred as the freedom to practice one.
By doing so, the court strengthened the inclusive, pluralistic, and secular vision of the Constitution.
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