Dear Sir,
What is the Legal Procedure for Religion Conversion in India?
Changing one’s religion to another does not govern by any law. Supreme Court has held in the plethora of cases that conversions do not need any particular legal requirements, formalities, religious rituals or ceremonies. In Perumal Nadar (dead) by Legal Representative v. Ponnuswami Nadar (minor)[7], it was held that no formal ceremony of purification or expiration is necessary to effectuate conversion.
Any person can convert his or her religion with good faith. A mere declaration whether oral or in writing does not amount to conversion. Credible evidence of the intention to convert followed by definite overt acts to give effect to that intention is necessary.[8] A bona fide intention accompanied by subsequent conducts unequivocally expressing that intention would be sufficient to reach the conclusion that genuine conversion takes place.
Once conversion of religion has taken place then it has to be notified in Government Gazette so that converted religion can be mentioned in all the legal documents too. In Kailash Sonkar vs. Smt. Maya Devi,[9] Supreme Court adopted the same approach for reconversion. In case if clergy wants to convert his religion, he can do so with the permission of the district magistrate. The absence of any statutory provision creates a legal vacuum which puts the burden on the Registration Officer to take a decision whether conversion took place is genuine or not.
Anybody who is interested in conversion of religion may do so by complying with the personal law of that religion. The various personal laws provide the rituals which need to be performed in a specified manner at the time of conversion.