Individuals in India have the freedom to change their religion. But there must be credible proof to show that such religious conversion is voluntary, Allahabad High Court said in a recent ruling.
A mere oral or written declaration that the conversion has taken place is not enough to legitimize a religious conversion, said Justice Prashant Kumar.
The Court, in its order passed on April 8, added that the religious conversion should be duly notified to the authorities concerned so that the change is reflected in all government records or government-issued identity cards, the Bar and Bench reported.
Such a change should also be notified publicly through newspapers, the Court observed. All of this is to ensure that there is no fraudulent or illegal conversion, the Court said.
"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," the Court observed.
The Bar and Bench report further said that the court went on to note that once an application to notify a religious conversion in the Official Gazette is submitted, the government department concerned would thoroughly examine it. The religion change would be notified in the Gazette only once proper scrutiny is done, the Court observed.
The Court was prompted to make these observations while dealing with a petition to quash a case filed against a man after he married a woman who earlier belonged to a different religion.
The woman's father had accused the man of kidnapping his daughter and of committing the offences of criminal intimidation, rape and offences under the Protection of Children from Sexual Offences Act (POCSO Act).
The matter will be heard next on May 6, the report noted.