The Kerala High Court ruled that anyone who changes religion voluntarily has the right to update this in school records. This decision strengthens the personal freedom granted under Article 25 of the Indian Constitution.
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KOCHI: The Kerala High Court gave a very important judgment that protects a person’s right to follow the religion of their choice and get that change officially recorded in school documents.
The Court clearly said that if someone changes their religion on their own, without any force or cheating, then they have the full right under the Indian Constitution to update their records to match their new religion.
Justice DK Singh, who delivered the judgment, explained that Article 25 of the Constitution allows every citizen to choose and follow any religion. If this right includes the freedom to change religion, then naturally, people should be allowed to update this change in their official school records too.
The Court said:
“If a person has changed his religion without any coercion, fraud, undue influence etc, such an act would be protected under the Constitution of India under the preamble as well as Article 25…Under the Constitutional scheme, every person has a fundamental right not merely to entertain the religious belief of his choice but also to exhibit this belief and ideas in manner which does not infringe the religious right and personal freedom of others.”
This case came before the High Court because a man born to a Muslim father and a Hindu mother had grown up in Kerala’s Palakkad district with his mother, following Hindu customs. His school records had listed his name as Mohammed Riyazudeen CS, and his religion as Islam, Mappila.
When he became an adult, he realised that he did not believe in Islam and wanted to live his life as a Hindu. So, he officially converted to Hinduism through Arya Samaj and published a Gazette notification to reflect his new name, Sudhin Krishna CS, and religion as Hindu.
Later, he tried to change his religion and name in his Secondary School Leaving Certificate (SSLC) record book. But the authorities rejected his request, saying there was no provision under the Kerala Education Act and Rules to change religion or caste in school documents.
The man then filed a petition in the Kerala High Court, stating that the rejection of his request was against Rule 3(1) of the Kerala Education Rules, 1959, which does allow such changes.
The government lawyer, called the government pleader, argued that the government had not officially appointed any authority to change religion or caste in school records. According to them, only the Commissioner of Examinations was appointed for correcting the date of birth based on an old government order.
But the High Court did not accept this argument. It said that the same officer who has the power to change the date of birth can also correct name, caste, and religion in school records. The Court added:
“There can’t be multiple authorities for effecting the changes in date of birth, caste and religion,”
-the Court said.
Therefore, the High Court ordered the Commissioner of Examinations to allow the correction of the man’s name and religion in the school records just as he had requested.
The Court also made it very clear once again:
“It is again made clear that Rule 3(1) Chapter VI of KER 1959 provides for effecting the changes in the caste and religion as well besides the date of birth, and the same authority which has been empowered to effect the change in the date of birth will have the power to effect the changes in caste and religion of the students.”
This important decision helps protect the religious freedom of every Indian and gives clarity on how changes should be made in school records after someone legally changes their religion.
In the case, the petitioner was represented by lawyers Santheep Ankarath and P Anirudhan. The State was represented by Government Pleader Parvathy Kottol.
CASE TITLE:
Sudhin Krishna CS v. State of Kerala.
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