In a significant ruling, the Kerala High Court has allowed two petitioners, Lohith S. and Lojith, to change their religion in their school certificates following their conversion from Hinduism to Christianity. The petitioners, both aged 24, were born to Hindu parents and practiced Hinduism until May 2017. After converting to Christianity through baptism at the Malankara Catholic Church in Mavelikara, they sought to update their school certificates to reflect their new religious affiliation.
Legal Issues Involved
The primary legal issue in this case was whether individuals have the right to change their religion in official documents, such as school certificates, in the absence of explicit provisions allowing such changes. The petitioners’ request to amend their religion in their school certificates was initially denied by the Controller of Examinations on the grounds that no specific provision existed for making such corrections.
Court’s Decision
The case, titled Lohith S. v. State of Kerala (WP(C) NO. 22847 OF 2024), was presided over by Justice V.G. Arun. The petitioners were represented by Advocate T.K. Ananda Krishnan, while the respondents were represented by Senior Government Pleader Deepa Narayanan.
Justice V.G. Arun delivered a landmark judgment on July 9, 2024, asserting the constitutional right to freedom of religion under Article 25(1) of the Indian Constitution. The Court emphasized that individuals should not be “tied down” to the religion of their birth and must have the freedom to change their religious affiliation in official records.
Key Observations
Justice Arun made several important observations in the judgment:
– “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. The freedom to practice and profess any religion of one’s choice is guaranteed by Article 25(1) of the Constitution.”
– “If a person embraces another religion by exercising that freedom, necessary corrections will have to be made in his records.”
– “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.”
Conclusion
The Court set aside the earlier order by the Controller of Examinations and directed the respondent to correct the entries regarding the petitioners’ religion in their school certificates within one month of receiving a certified copy of the judgment.
