VIJENDER JAIN, J. - (1.) THIS is a petition under Articles 226/227 of the Constitution of India with the following substantive prayer :- "(i) Writ of Mandamus or any other Writ Petition, Order or direction be issued to the respondent to protect the Fundamental Rights of the citizens of India within the country and abroad in the interest of justice."
(2.) THE petitioner has made the above prayer in the context of the following facts :- The Government of France promulgated French Law No. 2004-228 on 15.3.2004 prohibiting use of conspicuous religious symbols in government funded schools and also issued a circular dated 6.12.2005 disabling the wearing of turbans while being photographed for issuance of a driving licence. As per the petitioner, the French Government, being a signatory to the United Nations Covenants, is duty-bound to protect human rights and human dignity and the law so promulgated amounted to discrimination and violation of human rights, as also various covenants of the United Nations. A specific reference has been made to the case of one Ranjit Singh, who is living in France as an Indian citizen and, who had gone to that country in 1991 and he being a baptized Sikh, was being discriminated against solely because of his religious convictions. Besides, the children are being forced to disown their religious symbols if they have to take education in government schools. Other such instances of discrimination have also been cited.
(3.) IN response to the writ petition, a return has been filed by the Union of India explaining that the aforementioned law has been framed by the Government of France on the 'principle of Laicite' (i.e. secularism-implying separation of State from religion). It was not aimed at any particular community and was applied to every group of religion living in that country. The Government of France promulgated this legislation after considerable debate.;