Oral/Written Declaration Does Not Constitute Religious Conversion; Credible Proof Of Desire To Convert Required: Allahabad HC

In a recent ruling, the Allahabad High Court reaffirmed the fundamental right of individuals in India to change their religion.

However, the Court underscored that a mere declaration, whether oral or written, is insufficient for conversion. Instead, credible evidence demonstrating the intention to convert, coupled with overt actions supporting this intention, is deemed necessary.

While observing that in India it is open for anybody to change their religion, the Bench of Justice Prashant Kumar held, "An oral or written declaration does not constitute conversion. Credible proof of desire to convert is required, followed by clear overt actions to carry out the desire."

The Court outlined a procedural framework for religious conversion, stating that it mandates the preparation of an affidavit. Subsequently, an advertisement must be published in a newspaper with significant circulation in the area of residence to notify the public and prevent objections or fraudulent conversions. Notably, the advertisement must include essential details such as the individual's name, age, and address

"The change in the religion has to be legal so that the new religion gets reflected in all the government IDs across the country. For the religion change, an affidavit has to be prepared mandatorily. 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," the Court said. 

Moreover, the Court stressed the importance of a notification in the National Gazette, an online record published by the Central Government of India. The gazette application undergoes thorough scrutiny by the relevant department to ensure compliance with legal requirements before the religion change is published in the e-Gazette.

"Thereafter, there should be notification in the National Gazette, which is online record published by the Central Government of India. If the gazette application is filed, the department will inspect the application closely and once they are convinced that everything is in order, the religion change application will be published in the e-Gazette," the Court further stated. 

The Court issued these directions in response to an Application filed under Section 482 of the Criminal Procedure Code (CrPC) by Sonu alias Waris Ali. Sonu informed the Court of his conversion following his marriage to the daughter of the opposing party. However, the Counsel for the State of UP sought time to verify the conversion's legitimacy and ascertain whether it was influenced by coercion or ulterior motives.

"Sri S.D. Pandey, learned A.G.A. prays for and is granted some time to verify the aforesaid averments made by learned counsel for the applicants and also to verify that such conversion was not done to overreach the legal hurdles or under any pressure or greed and also to ascertain the facts whether the conversion is just for the sake of marriage or has actually been carried out," the Court noted in its Order dated April 8. 

Accordingly, the Court scheduled the matter for further conideration on May 6. 

Cause Title: Sonu @ Waris Ali And 2 Others v. State of U.P and Anr. [APPLICATION U/S 482 No. 26913 of 2016]

Appearance:-

Petitioner: Advocate Chandra Prakash Singh

Respondent: Advocate S.D. Pandey (AGA)

Click here to read/download the Order