Kerala HC: Govt. can't ask for certificate in religious conversions

March 15, 2018

In a landmark judgment by the Kerala High Court when a citizen announces changing his/ her religion, the government can't demand certification from government-approved institutions. The ruling was given by a single bench comprising Justice A. Muhamed Mustaque after considering a petition filed by 67-year-old Aysha of Perinthalmanna in Malappuram. Although she was Devaki before, she converted to Islam after her son, who is a doctor, converted first. Eventually, after the conversion, the woman had filed an application to Directorate of Printing Department to notify her change of name and religion. However, the application was returned by asking her to produce a certificate issued by a recognized institute or organization stating her conversion. As per the order by the government, Maunathul Islam Association of Ponnani in Malappuram and Tarbiatul Islam Sabha at Kozhikode were the recognized institutions for changing of religion. The orders authorizing these 2 institutions to certify conversions were issued by the government after noticing that certain organizations were already authorized to certify conversions to Hinduism. After considering the petition, the court said the government can't question a citizen's decision to convert to another religion. “ The right to profess and practice a religion is a fundamental right. A person has complete liberty to choose his own faith. Freedom of conscience and practice, as enshrined in 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 an ancient right from time immemorial. The Constitution had declared such existing right through Article- 25 of the Constitution. The Government, therefore, will have to act upon a person's declaration as to the change of his faith or conscience. The maturity of such decision can't be subject to any examination by any authority,” the judgment said. Moreover, if the government has doubts on the authenticity of the claim of conversion, it can always conduct an inquiry but that does not mean the government can demand production of any certificate issued by certain authority or organization which has been given exclusive power for issuing such certificate, the court said. “ The right to practice cannot be oppressed, based on the certificate issued by an organization or an institution. Free exercise of any religion means no restrictions in practice. If the government order as such is executed, a person who changes his faith would be at the mercy of such organization to declare his status of change of faith. The Government can't force a person to confirm his change of religion only through a particular mode with regard to the certificate issued by the authorized institution,” the judgment stated.