Giving the verdict the court presided by SS Todankar,
Judicial Magistrate said if the court as per the request of
the applicant declares him as casteless, then the opinion of
caste, and religion that is present in the society among the
individuals may be thrust on the other members of the society.
Lawyer Sreerang Khambete had made the application to
declare him as religion less and allow him to live a life of a
simple human being, following which the court gave its ruling
after a period of more than three years.
Todankar also said that after the death of the applicant
there may be numerous problems in his family relating to the
succession rights, their religion etc and hence he cannot give
the declaration sought by him.
The judge in his order also said that the provisions of
section 34 of the Specific Relief Act, which gives right for
this court to make declarations does not include the
declaration relating to any religion and hence the same cannot
be applied here.
In addition to this the judge also dismissed the
reference made by the applicant of the Israel Court decision
and said the ruling of other countries' court was not binding
on our courts.
The state of Maharashtra, Collector of Thane, and Union
of India are the defendants in the suit. And they were issued
summons by the court way back in December 2009, asking them to
file their reply. However none of the defendants appeared in
Finally, the court decided to proceed with the hearing
ex-parte as both the governments failed to appear and contest
However looking to the importance of the question
involved, the court asked Khambete, to suggest names of
advocates who are proficient in constitutional law who will
can be appointed as friend of court - Amicus Curie.
In his suit he told the court that he belonged to Hindu
religion coming under the class of Bramhins and was an
advocate by profession for the last 20 years.
He told the court in his application that he was fed up
with the politics of religion and capitalisation of religion
for self aggrandisement.
He further said that he believes that religion and caste
are not God made but was creation of man.
According to the plaintiff if people live only as human
being, there will be no disputes, differences and communal
tension in the society.
Animals, he pointed out have no religion and caste and
therefore live happily. It is the indicator of how casteless
and religionless society will live peacefully. Organisation of
society on communal lines is an injury to society, he said.
He said that label of religion and caste was unnecessary,
and unless same was removed it was impossible to live as human
Thane: The district court here has dismissed
an application by city-based lawyer to declare him
casteless/religionless, thus putting to rest all the
speculations about decisions given by courts on unusual cases.
First Published: Monday, February 20, 2012, 17:16