The Allahabad High Court observed that while individuals in India have the freedom to change their religion, there must be credible proof to show that such religious conversion is voluntary.
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UP: The Allahabad High Court emphasized the necessity for individuals in India to provide substantial evidence when changing their religion, to affirm that such a conversion is undertaken voluntarily. The court articulated a nuanced stance on the matter, highlighting the constitutional freedom every individual holds to embrace a different religion while also addressing the importance of safeguarding this process against coercion or deceit.
Justice Prashant Kumar played a pivotal role in shaping this discourse, asserting that the process of religious conversion demands more than just an oral or written declaration. He pointed out that for a religious conversion to be deemed legitimate, there must be
“credible proof of the desire to covert,”
as per the court’s statement. This sentiment was encapsulated in the court’s order dated April 8, which stipulates,
“In India, it is open for anybody to change the religion. An oral or written declaration does not constitute conversion. Credible proof of desire to convert is required, followed by clear overt actions to carry out the desire.”
Furthermore, the court elaborated on the procedural aspects that should follow a genuine conversion. According to the court’s observations, it is imperative for such conversions to be officially acknowledged by the relevant authorities, ensuring the individual’s new religious identity is accurately reflected across all government documents and IDs. The court advised,
“The change in the religion has to be legal so that the new religion gets reflected in all the government IDs across the country. Thereafter, advertisement should be placed in the newspaper with wide circulation in that area, which ensures that there is no public objection to such change and it is also there to ensure that there is no such fraudulent or illegal conversion. The newspaper advertisement must specify the details like name, age and address. Thereafter, there should be notification in the National Gazette, which is online record published by the Central Government of India.”
This protocol not only aims to formalize the conversion process but also seeks to mitigate the risk of fraudulent or illicit conversions by incorporating a public notification system through newspapers and a final notification in the National Gazette, subject to rigorous examination by the concerned government department.
The context for these observations arose from a legal petition aiming to dismiss charges against a man implicated in a case involving allegations of kidnapping, criminal intimidation, rape, and offenses under the Protection of Children from Sexual Offences Act (POCSO Act), following his marriage to a woman of a different religion. The court was informed that the woman was of legal age at the time of marriage, based on medical reports, and that the man had voluntarily converted to his wife’s religion. They were reported to be living contentedly with their child.
Nevertheless, the court expressed intentions to meticulously investigate whether the religious conversion was genuinely voluntary or merely a strategy to circumvent legal challenges or external pressures. This led to the decision to allow additional time for the State counsel to confirm the motives behind the conversion, with the next hearing scheduled for May 6.
Through this case, the Allahabad High Court not only addressed the specific legal matter at hand but also set a precedent for how religious conversions should be approached and validated within the legal framework of India, emphasizing integrity, voluntariness, and transparency in the process.
Click Here to Read Previous Reports on Religious Conversion
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