'Oaths Act an obstacle to liberal,scientific thinking under Article 25', petition filed in Gauhati HC

The petitioner observed that Rule 30, chapter IV of the Gauhati High Court Rule, 2015 was also creating obstacle to live life according to his belief.
Gauhati High Court. (File Photo)
Gauhati High Court. (File Photo)

GUWAHATI: A writ petition filed in Gauhati High Court by lawyer Fazluzzaman Mazumder claimed that the Oaths Act 1969 acts as an obstacle in exercising liberal and scientific thinking as guaranteed under Article 25 of the Constitution of India.

Mazumder claimed that a petitioner, while declaring in a court of law, is required to take oath in the name of God under Form 1 and Section 6 of the Oaths Act. He argued that when Article 25 of the Constitution protects the rights of believers as well as non-believers, why a petitioner, who is an atheist, should swear in the name of God.

“When a person is entitled to freedom of conscience and if his conscience suggests him not to follow any religion, then his right should also be granted as a matter of right,” the petition reads. The petitioner observed that Rule 30, chapter IV of the Gauhati High Court Rule, 2015 was also creating obstacle to live life according to his belief.

He said the rule in question mandates that “in administering oath and affirmation to declarants, the magistrate, notary or any officer or other person whom the High Court appoints shall be guided by the Oaths Act, 1873 and swearing to be made in the name of God.”

The petitioner said his right of not to believe in any religion or supernatural entity is recognised and guaranteed under Article 25 & 26 of the Constitution. Right to practice religion includes the right not to practice it is the essence of Article 25.

“In the case of AS Narayan V state of Andhra Pradesh, the Supreme Court observed that ‘our Constitution makers had used the word religion in Articles 25 and 26 in the sense conveyed by the word dharma. The honourable SC further explained the difference between religion & dharma as ‘religion is enriched by visionary methodology and theology, whereas dharma blooms in the realm of direct experience’. Religion contributes to the changing phases of a culture; dharma enhances the beauty of spirituality,” the petition stated. HC will hear the petition on Monday.

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