Madras High Court Asks Govt To Allow Revenue Authorities To Issue “No Caste, No Religion” Certificates

The Madras High Court recently directed the Government to pass necessary Government Orders empowering revenue authorities to issue a "No Caste No Religion: certificate. "Accordingly, we call upon the Government of Tamil Nadu to pass necessary Government Orders, with a specific instruction to the Revenue Authorities to positively entertain applications seeking for grant of certificate of “No Caste No Religion”," the court said. The bench of Justice MS Ramesh and Justice N Senthilkumar lauded the intent of a father to get a government certificate stating that he and family did not belong to any religion or caste. The court added that such an object would help in prohibiting caste-based discrimination and would be an eye-opener for citizens. "We are of the considered view that the claim of the appellant to have himself and his family members certified by the Government of not belonging to any caste or any religion is a laudable claim, which in the long run, would promote prohibition of caste based discrimination and also would be an eye opener for like minded citizens," the court said. The court was hearing an appeal against a single judge order which had dismissed the father's petition stating that revenue authorities were not empowered to issue "no caste no religion certificate". Though the single judge appreciated the man's desire to secure such a certificate, the court noted that the government did not confer any powers on the Tahsildar to issue a certificate of such nature and in the absence of such powers, the court could not issue directions while exercising its powers of judicial review under Article 226 of the Constitution.The division bench however observed that the single judge was misguided with the objections put forth by the Government Pleader and had not considered the object of Article 25 of the Constitution. The court added that as per Article 25, the state had a constitutional obligation to implement the object of Article 25 and recognize the freedom of conscience of an individual to choose their own religious beliefs. Tracing the history of caste in India, the bench observed that though the Constitution prohibited caste based discrimination, caste and religion continued to play a significant role in social life, politics, education and employment through reservation policies. The court thus set aside the order of the single judge and directed the District Collector (Thirupathur Dist) and the Tahsildar (Thirupathur Dist) to issue a "No Caste No Religion" certificate to the petitioner within a month of receipt of order copy.Counsel for the Petitioner: Mr. S. N. Subramani for Mr. M. Navin KumarCounsel for the Respondents: Mr. A. Selvendran Special Government PleaderCitation: 2025 LiveLaw (Mad) 197Case Title: H Santhosh v The District CollectorCase No: W.A.No.401 of 2025Click Here To Read/Download The Judgment

Madras High Court Asks Govt To Allow Revenue Authorities To Issue “No Caste, No Religion” Certificates

Upasana Sajeev

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