Orissa HC asks State to clarify authority for religion change declaration

Gita was to change her religion to Christianity. But she had been running from pillar to post for the last four months to get her declaration.
Image for representational purposes only. (File Photo)
Image for representational purposes only. (File Photo)

CUTTACK: The Orissa High Court has asked the State government to clarify the authority to whom a person can apply for authentication of declaration to change religion. Rule 4 of Orissa Freedom of Religion Rules 1989 stipulates that “any person intending to convert his/her religion, shall give a declaration before a Magistrate First Class, having jurisdiction prior to such conversion that he/she intends to convert his/her religion on his/her own will”. The authentication of the declaration is expected to be done 15 days prior to the date fixed for conversion.

A division bench of Chief Justice S Muralidhar and Justice Chittaranjan Dash sought the clarification recently on a petition filed by Gita Sethi, a 53-year-old resident of Makarbag Sahi in Cuttack. Advocate Prasanna Kimar Nanda argued on behalf of Sethi. As per the petition, Gita born into a Hindu family had got married under the Special Marriage Act 1954 to Samant Kumar Digal, a Christian by religion in 2000. Her children, a son and a daughter are Christian by religion as per records.

Gita was to change her religion to Christianity. But she had been running from pillar to post for the last four months to get her declaration. On June 24, 2022 the sub-collector intimated her that all the three assistant collectors engaged in affidavit work are not First-Class Magistrate. Hence, they are not eligible to authenticate her declaration.

On July 4, 2022, Sethi followed up with another representation to the sub-collector to declare the rank and designation of officer possessing the authority of First Class Magistrate in Cuttack Sadar and who were eligible to authenticate her declaration. But in a letter on July 13, 2022 the sub-collector stated that though there was a provision regarding First Class Magistrate in CrPC 1878, it was repealed by CrPC 1973. In CrPC, First Class Magistrate has not been defined and it is also not clarified who is the officer empowered to authenticate the declaration as required under Rule 4 of Orissa Freedom of Religion Rules 1989.

The Bench has fixed December 12 for further consideration on the matter while seeking an affidavit clarifying the authority to whom a person can apply under Rule 4 of Orissa Freedom of Religion Rules - 1989 as the expression Magistrate First Class has not been defined either in the Criminal Procedure Code (CrPC) or any other statute or rule.

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