Lack Of Provision For Religion Change In School Certificates Is No Reason To Bind A Person To Their Birth Religion: Kerala HC
|The Kerala High Court directed the Controller of Examinations to change the religion in school certificates while observing that lack of provision to change religion is no reason to bind a person to their birth religion.
The Court said that Article 25(1) of the Constitution guarantees the freedom to practice and profess any religion and if an individual chooses to convert to another religion under this freedom, the necessary changes must be made to their records.
The Court was hearing a Writ Petition to change the religion of Petitioners in their school certificates after the same was denied by the Controller of Examinations.
The bench of Justice V.G. Arun observed, “Even if it is to be accepted that there is no provision enabling change of religion entered in school certificates, that is no reason to tie down a person to one religion, merely by reason of his birth.”
Advocate T.K. Ananda Krishna appeared for the Appellant and Senior Government Pleader Deepa Narayanan appeared for the Respondent.
Brief Facts-
The petitioners, originally born to Hindu parents and practising Hinduism, decided to embrace Christianity and were baptised. They sought to change their religion in their school certificates and issued a notification in the Government Gazette to that effect. They then approached the 2nd respondent/controller of examinations to update their name and religion on the school certificates. While their request to change their name was approved the request to change their religion was denied, citing the lack of provisions for such a change in school certificates.
The Court agreed with the observations in a judgment that refusal to carry out the correction will have an adverse impact on the future of the applicants.
“Moreover, such rigid approach militates against the Constitutional guarantee also.”, the Court said.
Accordingly, the Court allowed the Writ Petition and directed the respondent to correct the entry regarding the religion of Petitioners.
Cause Title: Lohith S. v. State of Kerala (Neutral Citation: 2024:KER:53774)