4 years back, one of my friend has converted to Christianity from Hinduism. He is male, unmarried and belongs scheduled caste community from Odisha. He converted on his own volition and there was no inducement from the local church where he undergone Baptism ceremony. The conversion ceremony held privately in that church and after that a Baptism certificate was given by the church administration confirming his conversion to Christianity. Here no permission was taken from local SDM or any concerning authority Recently he came to know that there was a law in odisha called "odisha freedom of religion act " according to which the religious conversion must be done.The law here clearly states the modus operandi of religious conversion like the collector or subcollector must be intimated about the conversion and preliminary enquiry must be conducted etc but here in his case no such approval has been taken from local administration nor any court affidavit was made.In this scenario, does his conversion to Christianity legally valid? If not, what course of action must be followed to avoid any legal complications in future?
the Orissa Freedom of Religion Rules provide that the priest performing the ceremony of conversion to ‘intimate the date, time[,] and place of the ceremony . . . along with the names and addresses of the persons to be converted to the concerned District Magistrate before fifteen days of the said ceremony.’ ” [
Failure to do so would result in a fine of 1,000 rupees.
3) to avoid legal complications obtain prior permission from DM before conversion .
Dear Sir,
1. Now file an application under the provisions of said act to ratify such conversion since it was happen due to some urgency.
2. If no action is taken by collector or negative action is taken then approach HIgh court, then your conversion will be legalized..
Dear Client,
This provision is passed to control illegal and forceful conservation, since it is operated with your own choice, hence, valid, all you need to do is to inform the collector office with copy of certificate about conversion and effected without any force.
You and priest will liable to a fine of rupees one thousand separately/collectively.
Intimation to collector is necessary so that particulars of conversion can enter in the Register of conversion.
Religious Freedom and Right to Equality in India
One of the rights ensured by the Indian Constitution is the privilege of Freedom of Religion. As a secular country, each national of India has the privilege to the opportunity of religion, i.e. ideal to take after any religion. As one can discover such many religions being practiced in India, the Constitution assurances to each national the freedom to take their preferred religion. As per this essential right, every citizen has the chance to practice and spread their religion peacefully. What’s more, if any occurrence of religious narrow mindedness happens in India, it is the obligation of the Indian government to check these frequencies and take strict activities against it. The right to freedom of religion is all around depicted in the Articles 25, 26, 27 and 28 of Indian constitution.
A writ petition can be filed in the High Court (Article 226) or the Supreme Court (Article 32) of India when any of your fundamental rights are violated.
1) He must avove as per Odisha conversion law and from collector or sub collector should take permission.
Hello,
If the conversion has been done against the provisions of the local law, then legally the conversion is not valid.
He may just intimate the authorities now, with a declaration that he was not aware about the such laws previously and since he has now gained the knowledge therefore he is intimating the authorities.
Take advise from some local advocate and share the "odisha freedom of religion act" with the advocate, for a more concrete advise.
Regards
Several Indian states passed Freedom of Religion Bills primarily to prevent people from converting to Christianity. Orissa was the first state to bring such law named as 'Orissa Freedom of Religion Act, 1967'. It was followed by Madhya Pradesh in 1968 and Arunachal Pradesh in 1978.
As per section 3 of the Odisha freedom of religion act,
3. NO person shall convert Or attempt to convert, either directly or otherwise, any person from
one religious faith,to: another by the use of force or by inducement or by. any fraudulent means nor shall
any person abet: any : such, conversion.
In this case it was neither inducement nor forcible conversion, hence there should not be any problem in this regard.
Have you received any notice ?
If yes, then give a reply as per law with the help of a local advocate.
