It may not be atheists’ time yet. At least not in a court of law, as the Bombay High Court on Friday dismissed a Pune couple’s PIL that those who don’t believe in religious texts, be permitted to take an oath on the Constitution instead
It may not be atheists’ time yet. At least not in a court of law, as the Bombay High Court on Friday dismissed a Pune couple’s PIL that those who don’t believe in religious texts, be permitted to take an oath on the Constitution instead. According to the bench of Chief Justice Manjula Chellur and Girish Kulkarni presiding over Sunil and LaxmikantaMane’s petition, it was up to the lawmakers to decide on that, adding that those who did not believe in God already had the option of filing a Solemn Declaration.
Point of the plea
In the petition, the couple had argued for this liberty in the lower courts for atheists, citing several cases in the state where senior officials had not permitted atheists to bypass the swearing in on a religious book.
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Presently, as per the Oath Act, 1969, a witness or any person who deposes in the court can swear in the name of God or by placing hand on a religious book, the PIL said, but goes on to argue that it needs to be declared violative of Article 14, 19 and 21 of the Constitution of India. The petitioners said that the court should issue a directive in that regard to the Union and the state governments.
Court’s stand
“A person who does not believe in God had the option of filing a Solemn Declaration where he does not refer to god, but gives a declaration to the affect that he is responsible for it. Also, only lawmakers will be in a position to take a call on the allowance of taking an oath on the Constitution,” said Chief Justice Chellur. Dismissing the PIL, she also said, “One cannot file a PIL in such a matter as its not related to public. You don’t believe in God, but I do and there may be more who either do or don’t.”
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