Religion and the child
Querist :
Anonymous
(Querist) 09 November 2010
This query is : Resolved
Dear Experts,
In the following case I would be most thankful to have your opinions:
Mother is Hindu, father is a Christian. Both are non practitioners. Child was baptised. Child also never practiced any religion. Child grows up both at home and in school on the tenets of humanism. Child has now attained the age of 16 years. There is a divorce case now pending in the court. If at all the issue comes up with the court regarding custody of the child, how far the religion of the child would be considered, especially when in another 2 years the child may decide to give up the formal tag of institutional religion. Would the child be given opportunity to voice his view that he cannot suddenly come into the fold of any religion as his upbringing hitherto has been on the basis of respect for all religions, follower of none and embracing the goodness of what is called universal human principles.
Your opinion would educate me as well as concerned parents and would remove the anxiety of the child that he would be suddenly pushed into the fold of a particular religion which he is clear would make him very unhappy. Being 16 years of age, goes without saying the child is at a crucial stage of his educational mile stone.
Many thanks in advance to all of you for sparing your valuable time for this query.
s.subramanian
(Expert) 09 November 2010
For all practical purposes,the child will be considered a christian which is the father's religion. The child after attaining majority can convert to any religion of its choice. The child has the right to inform the court about it also during the custody proceedings. No compulsion can be made in this regard by anyone including the court.
R.Ramachandran
(Expert) 09 November 2010
A child, in India, in ordinary circumstances must be presumed to have the father's religion and his corresponding civil and social status.
Notwithstanding the above, if any child, legitimate or illegitimate one of whose parents is a Hindu by religion and who is brought up as a Hindu would be a Hindu.
Uma parameswaran
(Expert) 09 November 2010
If there is any issue arises regarding religion then child has the right to tell his view and nobody can compel them .JJAct is giving protection to the child and also securing the child's rights.
Querist :
Anonymous
(Querist) 09 November 2010
Uma Ma'm,what is JJ act,, please let me know.
Chanchal Nag Chowdhury
(Expert) 10 November 2010
The child is to be considered a christian in law. However, once he attains majority, he is free to convert.
Uma parameswaran
(Expert) 10 November 2010
Juvenile justice(care and protection of children) Act
