Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rajeev Kumar (Professioanl Social worker)     08 November 2010

what will be religion of children?

Dear All

In inter-religion marriage suppose man is hindu and woman is christian. then what will be the religion of children? it is the same rule as per caste ... as the caste /category of children will be the same as father

in case of inter-religion marriage....what will be the religion of children?

Rajeev



Learning

 19 Replies

adv. rajeev ( rajoo ) (practicing advocate)     08 November 2010

Normally the religion of the father will be considered.

Renuka Gupta ( Gender Researcher )     08 November 2010

What more can be expected in a deeply patriarchal society???

When an innocent child asks why his/her religion is father's and not mother's    it is a shame for all of us...

The child by asking this question  questions the fairness of patriarchy....

1 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     08 November 2010

What to do Renukaji ? we are in India and the inheritance is mainly paternal side.

But more particularly the children can follow any religion of its parents


(Guest)

Child be one both or atheist

Generally we born we don’t know what are our religion. Thereafter we grow up and know what our religion is and then follow them.

 

Khali haath aaaye the khaale haath jaayege to region kya  hai?

If you found god god have religion? NO.

 

Religion is a fundamental set of beliefs and practices generally agreed upon by a group of people. These set of beliefs concern the cause, nature, and purpose of the universe, and involve devotional and ritual observances. They also often contain a moral code governing the conduct of human affairs.

 

Ever since the world began, man has demonstrated a natural inclination towards faith and worship of anything he considered superior/difficult to understand. His religion consisted of trying to appease and get favors from the supreme being he feared. This resulted in performing rituals (some of them barbaric) and keeping traditions or laws to earn goodness and/or everlasting life.

 

The children aren't old enough to make their own decisions, like they can barley speak. He feels as if the time is ticking and sooner or later he will have no choice but to allow her to do so.

But here every children is free to choose his own religion ,right to freedom of religion.

 

THE RIGHT TO FREEDOM OF RELIGION

 

The right to freedom of religion allows Indian citizens to choose any religion that he / she wants to choose. This fundamental right was chossen after lot of thought regarding the process of person chossing his / her own religion. This fundamental right is described in the constitution as:

 

The right to freedom of religion is a fundamental right guaranteed under Article 25 of the Constitution of India. Article 25 reads as follows:-

 

Article 25. (1). Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

 

Article 25. (2). Nothing in this article shall affect the operation of any existing law or prevent the State from making any law: -

 

(a) Regulating or restricting any economic financial political or other secular activity which may be associated with religious practice;

 

b) Providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

 

This Article guarantees that every person in India shall have the freedom of conscience and shall have the right to profess, practise and propagate religion, subject to the restrictions that may be imposed by the State on the following grounds, namely:-

 

(1) Public order, morality and health;

(2) Other provisions of the Constitution;

(3) Regulation of non-religious activity associated with religious practise;

(4) Social welfare and reform;

(5) Throwing open of Hindu religious institutions of a public character to all classes of Hindus.

 

They will choose one, combine both and always be confused, or they become Atheists(without god).

Bhartiya No. 1 (Nationalist)     09 November 2010

Child is free to choose any religion and his declaration is sufficient.

Radhey (Owner)     09 November 2010

Rajiv ji, a kid is born without any label. It is the society that label him as Hindu,Muslim,Sikh etc. 


Religion of kid has nothing to do with the religion of his/her parents' religion.


Baba Nanak's parents were Hindu but was he a Hindu,No not at all.


Sidhartha, the Budha also did not belonged to the religion of his parents.


It is the choice of a kid to follow/lead/drop any/all religion. 


My father was a Hindu/Sikh--my mom is from a Sikh family---I do not belong to any so called religion of this world.My daughter is also free from such follies , my wife is dogmatic Hindu--now U would understand,what I intend to mean.


G. ARAVINTHAN (Legal Consultant / Solicitor)     09 November 2010

but what is the case till the child's age to know what is religion?

Rajeev Kumar (Professioanl Social worker)     09 November 2010

Dear All

My question was in legal perspective. We are all aware that constitution of India Gauranteeded us the right to choose our own faith system/ religion. But it is when child is grown up enough or matured to think over religion issue and then choose religion.

before that there are lots of official formalities , where it is mandatory to write the religion apart from caste/category. for example in school admission, entrance test or various competive exam forms / passport etc.

in such situation child will not be mature enough to tell his religion, we will have to mention the religion that is legally appropriate.

the question is about what is religion before we choose ?

secondely there is no question or attack on  various faith system. It is not agaist the matriarchal society.

Regards

Rajeev

hedevil hydraheaded (non professional )     09 November 2010

As long as there is harmonious relationship between parents, the child may follow the religion of one, or both or no religion if the parents themselves are not practitioners of any religion. But the problems would start, I guess, if the relationship between them turn sour and matter lands up in case with custody of the child as one of the issues. 

However,  what would be the position of a child who is 16 year old and in another two years can take his/her own decision about whether he/she wants a religion tag attached to her /him at all?  One of the matters to be considered is the child's religion in the custody cases, suppose the child has not followed any religion upto the age of 16 years, can he/she voice his/her opinion that s/he does not want to practice any religion( that s/he would like to respect all religion though) as s/he has grown up on the tenets of neither mother's or father's religion but those of humanism. In this case, can the consideration of religion of the child be set aside? Can anyone now at this age force the child to be with one of the parents on the religious ground, i.e., formal affiliation to the same religion of the child and her/his father with both( as well as mother) being non practitioners? 

Again to repeat it is clear in this case that after two years, once the child attains the age of 18, s/he would be free to renounce the tag of the religion s/he is carrying formally. 

I would be interested in knowing experts' opinion in this case which is more a legal issue.

Many thanks in advance...

hedevil hydraheaded (non professional )     09 November 2010

Please read matter lands up in court , instead of matter lands up in case in second sentence of first para. 

drparasjain (practice)     09 November 2010

Ordinarily , yes the father's relgion. burt in quiity , the court will concider child's opinion and welfare in mind. Further courts will always side with the child when the relgion is the sole crtiererion to confer an y benefit upon the child

shyna ahmed (advocate)     09 November 2010

religion of a father will be the religion of a children.

hedevil hydraheaded (non professional )     10 November 2010

 

There are different opinions of the experts, if Ahmed's reply is to my posting. In the existing context, the child 's views would be listened to and the child will not be forced to get into the fold of any parent's religion, since the child is brought up, not following any religion, as both parents do not practice any religion. Since the child in my posting is 16 years old, his/her views would be considered in the light that the child is already planning to renounce the tag of an institutional religion, in this case Christianity.

I have posted this query in the experts' section too and have received these views from the learned advocates. 

Incidentally the school in which this child studies,  does not ask what religion the child belongs to, so the child has observed both at home and school that it is not necessary to belong to any particular religion to be a good human being. 

hedevil hydraheaded (non professional )     10 November 2010

Please read : the child is already planning after attaining 18 years, to renounce .....


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