Kerala hc upholds right to change religion, name in school documents after conversion - the statesman

The Kerala High Court has recently ruled that a person, who changes his religion voluntarily, has a fundamental right under Article 25 of the Constitution to have the change reflected in

educational records. A single bench of Justice DK Singh passed the order on a petition moved by a man who was born to a Muslim father and a Hindu mother and was brought up in Kerala’s

Palakkad district by his mother according to Hindu customs. Advertisement The court said when the right to free religion under Article 25 includes the right to voluntarily convert one’s

religion, it follows that citizens also have the right to get such changes reflected in official records. Advertisement “If a person has changed his religion without any coercion, fraud,

undue influence, etc., such an act would be protected under the Constitution of India under the preamble as well as Article 25. Under the Constitutional scheme, every person has a

fundamental right not merely to entertain the religious belief of his choice but also to exhibit this belief and ideas in a manner which does not infringe the religious right and personal

freedom of others,” the court stated. The petitioner’s name was registered in school as ‘Mohammed Riyazudeen CS’ with his religion noted as ‘Islam, Mappila’. After reaching adulthood, the

petitioner realised that he did not believe in Islam and wished to practice Hinduism. He officially converted through Arya Samaj and published a Gazette notification reflecting his new name

as ‘Sudhin Krishna CS’ and religion as ‘Hindu’ He sought to update his Secondary School Leaving Certificate (SSLC) record book but his request was rejected by the authorities on the ground

that there was no provision in Kerala Education Act and Rules to change caste and religion in school records. He then moved the high court arguing that the rejection of his request violated

Rule 3(1) of Kerala Education Rule, 1959 which allows such changes. The government pleader opposed the petition, contending that the government had not notified any specific authority under

Rule 3(1) to alter caste or religion. It was also argued that the Commissioner of Examinations had only been designated for correcting the date of birth as per a government order. However,

the court rejected the government’s argument, holding that the competent authority notified for corrections in date of birth is equally empowered to make changes relating to name, caste and

religion in school records under the Kerala Education Act and Rules. “There can’t be multiple authorities for effecting the changes in date of birth, caste and religion,” the court said.

Accordingly, the court directed the Commissioner of Examination to process and allow the correction of the petitioner’s name and religion in the school records as requested. “It is again

made clear that Rule 3(1) Chapter VI of KER 1959 provides for effecting the changes in the caste and religion as well besides the date of birth, and the same authority which has been

empowered to effect the change in the date of birth will have the power to effect the changes in caste and religion of the students,” the court said in its judgment. Advertisement