Currently, as per Oath Act, 1969, a witness or any person who deposes in the court, can swear in the name of God or by placing hands on a religious book.
In a PIL, a Pune-based couple, Sunil Mane and his wife Laxmikanta, cited a couple of cases in Maharashtra at Bhivandi Magistrate Court and Pune District Court wherein senior government officials have told the court that they do not believe in God and expressed their willingness to take oath in the name of Constitution but unfortunately they have not been permitted, the PIL said.
Both the petitions are slated to come up for hearing in due course, High Court sources said.
"The Oaths Act, 1969, needs to be declared as violative of Articles 14, 19 and 21 of the Constitution," the Pune-based couple said in the PIL.
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"It is high time to make the oath system suitable to democracy and in accordance with the spirit of Indian Constitution," the PIL states.
Advocate Asim Sarode, through whom the PIL has been filed, said, "People, who are non-believers of God, are not allowed to swear in the name of Indian Constitution or placing hands on the rule book."
"This will help avoid flaring of communal thoughts and feelings and it will also not create problems for people who are atheists," Sarode added.