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Synopsis

The Kerala High Court has granted permission to two youngsters to change their religion in their school certificates from Hindu to Christian after they embraced Christianity.

Justice V.G. Arun ruled that individuals have the freedom to practice and profess any religion of their choice, as guaranteed by Article 25(1) of the Constitution.
The petitioners, aged 24 and 25, were born to Hindu parents but converted to Christianity in 2017. They sought to change their religion in their school certificates but were rejected by the Controller of Examinations, citing a lack of provision for such changes in school certificates.

The court disagreed, stating that the absence of a specific provision does not restrict individuals from exercising their constitutional right to freedom of religion. It stated that “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 court referred to a previous case, Naveed MC V@ Noufal v State of Kerala (2021), which established the court's power to issue directions for rectifications in certificates even without specific provisions. “If a person embraces another religion by exercising that freedom, necessary corrections will have to be made in his records,” the court emphasised.

The court held that refusing to make corrections in certificates could harm the petitioners' future and goes against the constitutional guarantee of freedom of religion. “Such rigid approach militates against the Constitutional guarantee also,” the court remarked.

Conclusively, the court set aside the Controller of Examination's order and directed them to correct the entry regarding religion in the school certificates of the petitioners.

Cause Title: LOHITH.S v STATE OF KERALA [WP(C) NO. 22847 OF 2024]