Certification From Religious Institutions Not To Be Insisted From Applicants Seeking 'Change Of Religion' In Government Records: Kerala Govt.

The Kerala Government has ordered that the Governmental Authorities shall not insist for certification from religious authorities while considering applications seeking change of religion in official records, including the Gazette.

The order further clarifies that, in case of doubt about the genuineness of the conversion claim, the Authority shall instead cause to conduct an enquiry through a Tahsildar.

This order is passed taking note of a Kerala High Court judgment which was delivered two years ago.

In a judgment delivered in May 2018, while disposing a writ petition filed by a lady who had converted to Islam, Justice A. Muhamed Mustaque had held that there cannot be any insistence on production of certificate from any institution for declaration of conversion of religion. In that case, the Govt. authority had rejected her application as she failed produce a certificate issued by a recognized institute/organization declaring conversion to Islam. In that case, the government had recognized two institutions for certifying conversion to Islam. 

"The Government cannot compel a person to affirm his change of religion, only through a particular mode via-a-via the certificate issued by the authorized organization. Freedom of practice of religion, as guaranteed under the Constitution is unrestricted by any qualification. The power of faith is something which one has inherently possessed in himself", the judge stated in the judgment in which he also clarified that the orders will not be mandatory, but only directory.

"The right to profess and practice a religion is a fundamental right. One has the liberty to choose his own faith. Freedom of conscience and practice, as enshrined under the Constitution, is not a mere declaration of a Constitutional right, but a declaration of a right that already exists in the society. The liberty of an individual is a primordial right from time immemorial. The Constitution only had declared such existing right through Article 25 of the Constitution. The Government, therefore, will have to act upon one's declaration as to the change of his faith or conscience.", the Court had observed.

Later, in another case, the same judge had ruled that in the absence of any formal ceremony for conversion to Hinduism, declaration by a person that he is converted to Hindu would be sufficient for the public authorities to act.

Click here to Read/Download Order

Read Order