Person has liberty to change their religion provided legal requirements met, says HC

Prayagraj: The Allahabad High Court recently stated that individuals in India have the liberty to choose and change their religion, but they must comply with the established legal protocols.

Justice Prashant Kumar’s bench highlighted the necessity for authentic evidence of the intention to convert, accompanied by definitive actions to fulfil this intent.

The court outlined a detailed procedure for religious conversion, underscoring the significance of adhering to legal requirements and public examination.

It said: “To initiate a religious conversion, one must first draft an affidavit. Subsequently, a public announcement should be made in a widely circulated newspaper within the relevant locality to ensure there are no objections to the conversion and to prevent any fraudulent or illicit activities. The announcement must include personal details such as name, age, and address. Following this, a notification must be published in the National Gazette, an online record maintained by the Central Government of India. Upon submission, the application will undergo thorough scrutiny by the department, and once deemed satisfactory, the conversion will be recorded in the e-Gazette.”

The court further stated that a legal conversion is essential for the new religious affiliation to be reflected in all governmental identification documents. These remarks were made during the hearing of a plea by one individual, who practises Islam, and his wife, who follows Hinduism, to dismiss a 2016 FIR filed against Ali under various sections of the IPC and the POCSO Act.

In court, it was asserted that the woman involved had willingly married Ali after converting to Islam, and her statement under Section 164 CrPC confirmed that she had a daughter with Ali, negating any alleged offences against him.

The court instructed the state’s counsel to ensure that the conversion was not executed to circumvent legal obstacles or as a result of coercion or inducement and to verify whether the conversion was genuine or solely for marriage purposes.

The case is scheduled for a subsequent hearing on May 6.

It is pertinent to mention that in 2020, the Uttar Pradesh government enacted an ordinance to address illegal religious conversions, which was later codified into law in March 2021 as the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

This Act is designed to prevent illegal conversions by deceit, force, pressure, enticement, or fraudulent means, including conversions for marriage, and includes related or incidental matters.

Under Section 8 of the Act, anyone wishing to convert must declare their intention to the District Magistrate or Additional District Magistrate at least sixty days in advance, affirming that the decision is made independently. Section 9 pertains to declarations after conversion.