• Legal process for change in religion

For the state gujarat. What is the legal process for changing religion from 1)hindu to other or 2)from other to hindu? Adffidevit of declaration of freel will and application of file of chnage of religion to government gazzet is enough? Or one have to do some other legal process? Can someone stop the persone who is doing so ? As it is fundamental rights.
Asked 4 years ago in Constitutional Law

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14 Answers

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.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Section 3 of the Gujarat Freedom of Religion Act, 2003 prohibits forcible conversion and states that “[n]o person shall convert or attempt to convert, either directly or otherwise, any person from one religion to another by use of force or by allurement or by any fraudulent means nor shall any person abet such conversion.”[

 

 

2)under section 5 of the Gujarat Act, a person wanting to convert must seek prior permission from the District Magistrate with respect to the conversion.

 

3) The section also requires the person who is converted to send a notice to the District Magistrate of the “[district] concerned in which the ceremony has taken place of the fact of such conversion within such period and in such form as may be prescribed by rules.”

 

4)  The Gujarat Freedom of Religion Rules 2008 stipulate that such a notice should be given “within ten days from the date of such conversion ceremony.”  Failure to comply with these permission or notice provisions is punishable by imprisonment for up to one year or a fine of up to 1,000 rupees, or both.

Ajay Sethi
Advocate, Mumbai
94733 Answers
7538 Consultations

5.0 on 5.0

Different religions provides separate practice to convert religion. Self declaration shall be adoption of other religion belief but getting approval from that religion society, conversion shall be done by priest/quazi/pundit etc.   And certificate will provide with new name or at least surname. Later gazette will issue as certificate issued by priest/quazi/pundit has no legal sanctity until supported by gazette notification.

Religious practice is fundamental right, cannot be prohibited.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

A lettwr ti the district magistrate should also be given. Reasons too as tge Gujarat govt. Has passed a law on religious conversion.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1) priest or pandit have to take prior permission 

 

2) 

under section 5 of the Gujarat Act, a person wanting to convert must seek prior permission from the District Magistrate with respect to the conversion.

 

3) The section also requires the person who is converted to send a notice to the District Magistrate of the “[district] concerned in which the ceremony has taken place of the fact of such conversion within such period and in such form as may be prescribed by rules.”

Ajay Sethi
Advocate, Mumbai
94733 Answers
7538 Consultations

5.0 on 5.0

Yes you need to follow the procedure as laid down in the Gujarat act by practising a new religion you need to inform the district magistrate in writing and you have to publish in the newspaper that you have abundaned the religion you have practiced earlier and now converted to that particular religion

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Both have to take permission and fill up a form prescribed as one is getting converted and the other is converting him.

 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Quazi, Pandit,  priest or any third have to take permission, converted only need to inform.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

There is no provisions in law across the country for any legal procedure to be adopted for one to change his religion.

Religion means a belief binding the spiritual nature of man to a supernatural being as involving a feeling of dependence and responsibility, together with the feelings and practices which naturally flow from such a belief.

Everyone should be left free to choose the religion of their choice.

For this, Indian Constitution provides the freedom to profess, practice and propagate any religion to all persons.

Religious conversion is one of the most heated issues in the society and politics which can be defined as the adoption of any other religion or of a set of beliefs by the exclusion of other i.e. renouncing one religion and adopting another. 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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), 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. 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, 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.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

In order to have that, a Religion Change affidavit has to be prepared mandatorily. The affidavit is a legal document that contains details like name, the new religion, old religion, and address. It must be made on stamp paper and notarized by a notary public.

the Indian law confers upon the citizen the right to practice and profess any religion. Hence, a citizen can change his religion whenever he wishes to

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Freedom of religion in India is a fundamental right guaranteed by Article 15 and Article 25 of the Constitution of India, Every citizen of India has a right to practice and promote their religion peacefully, Means Citizen is free to Adopt any religion as per his wish, belief etc. A person can change his/her religion but it should be in good faith. This is the fundamental right of any citizen of India

In our country every citizen has the LIBERTY of thought, expression, belief, faith and worship. The Constitution not only guarantees freedom of religion & conscience.

But The Change of Religion has to be Notified, So that you can change it in all Out Legal documents etc. After Changing Religion as per the Customs, it need to be Notified in Government Gazette.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

It says about prior permission which is before the same. And next is information to be given. You can challenge the said notification in writing petition if you so want

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Religion change legal procedure in India

CREATING THE RELIGION CHANGE AFFIDAVIT

When an individual decides for changing religion in India, the process has to be done legally so that the new religion gets reflected in all the accepted government IDs across the country. In order to have that, a Religion Change affidavit has to be prepared mandatorily. The affidavit is a legal document that contains details like name, the new religion, old religion, and address. It must be made on stamp paper and notarized by a notary public.

We will prepare the religion change affidavit and send it to you for your signature.

PLACING ADVERTISEMENT

The next step is to place an advertisement in a widely circulated national or regional newspaper. This ensures that there is no public objection to your change of religion and it is not being done for any fraudulent or illegal reasons. The newspaper advertisement must specify the details like name, age, and address. The ad should clearly state that you are changing your religion. It is also required to save a copy of the ad for any future reference.

GAZETTE PROCEDURE

The final step is notification in the National Gazette, which is an online record published by the Central Government of India. This is required in order to have the religion changed in all the government IDs as well.

For filing Gazette application, the following things have to be submitted:

  • The affidavit and the newspaper copy with the religion change advertisement and
  • Self-attested passport size photographs
  • Self-attested identity proof copies
  • A CD containing all the information about the application
  • The government fee for religion change (Vakilsearch will make this payment on your behalf)

 

GAZETTE PUBLICATION

After 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 declaration will be published in the e-Gazette. After successful submission, it takes up to 60 business days for the publication to appear in the e-gazette. It is important to note that the e-gazette is only published on Saturdays.

At Vakilserarch, we will be preparing the entire application for you and track the application as well.

Once the publication comes out, we will be sending you a copy of the Gazette via email. You have to print one copy for your records - no further certification is necessary.

Documents required for religion change application

  • An affidavit on a stamp paper of minimum value Rs.10.
  • The original newspaper copy in which the advertisement was published
  • Original conversion certificate from the respective religious institution.
  • The prescribed application (proforma) in printed format duly signed by the application and two witnesses and declaration.
  • Two passport size photographs.
  • Photocopies of valid ID proof ( PAN card/ Aadhar card/ Voter ID/ Passport)
  • A request letter along with the registration fee to the authority.

CONVERSION TO ISLAM

For conversion to Islam, one needs to visit a mosque in the locality and take Shahada in the presence of a Maulvi and two major witnesses. Once the Shahada is performed, the Maulvi will issue a conversion certificate on the letterhead of the mosque, which is called as Shahada certificate. This document includes the date and the details of the witnesses present. Once the individual receives the conversion certificate they can start practicing Islam. The same has to be notified to the Gazette of India by filing an application. It is to be noted that there requires no separate name change process when a person changes religion. One Gazette notification applies both to religion and name change processes.

CONVERSION TO CHRISTIANITY

When one goes to the Church for changing the religion, a Baptism will be issued where the person gets a new Christian name and a certificate by the church.

CONVERSION TO HINDUISM

In order to practice and convert to Hinduism, there is no official conversion process or religious ceremony. One needs only to have the will and the commitment to study the scriptures and abide the proper practices as provided in the Religion. In India, you can visit a nearby Arya Samaj temple and show your willingness towards conversion to Hinduism post which they will issue you a certificate of conversion.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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