Ernakulam: The Kerala High Court recently directed state authorities to change the name and religion of the petitioner in his school records as per his choice, saying a citizen of the country has the fundamental right to practice religion and faith of his/her choice and it is protected under the Constitution of India under the preamble as well as Article 25.
Justice DK Singh was hearing a plea of a man who sought a direction to the authorities for a change in his name from ‘Mohammed Riyazudeen CS’ to ‘Sudhin Krishna CS’ and his religion from Muslim to Hindu in his school records.
Petitioner sought change in his name and religion in his school records
The petitioner moved an application before the state authorities for a change in his name and religion in his School Leaving Certificate book, however, no action was taken by the authorities stating that there exists no provision in KER 1959 to effect the changes in the religion in the School Leaving Certificate.
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The High Court said the Constitution of India gives freedom to the citizens of India of their conscience, faith and religion and guarantees freedom of conscience and free profession, practice and propagation of religion, subject to public order, morality and health etc.
He has the fundamental right to practice religion and faith as of his choice: High Court
“Article 25 of the Constitution of India guarantees freedom of conscience and free profession, practice and propagation of religion, subject to public order, morality and health etc. If a person has changed his religion without any coercion, fraud, undue influence etc, such an act would be protected under the Constitution of India under the preamble as well as Article 25,” the High Court said.
“He has the fundamental right to practice religion and faith as of his choice. Therefore, when it is not the case of the respondents that the person has changed his religion because of fraud, undue influence and coercion etc., then the citizen must be allowed to practice the faith and religion of his choice,” the High Court added while directing the respondent state authorities to correct the name and religion of the petitioner in his School Leaving Certificate book.
What did the petitioner say?
The petitioner, whose father is a Muslim man and mother a Hindu woman, was born in Palani, Tamil Nadu, but was brought up in Kerala’s Palakkad District and he also completed his secondary school at a school there. At the time of admission in the school, his name was ‘Mohammed Riyazudeen CS’ and his religion was mentioned as ‘Islam, Mappila’. As per the petitioner, when his name was entered as ‘Mohammed Riyazudeen CS’ in the school books, he was a minor and it was his father who entered his particulars, including his name and religion, in the school.
The petitioner said that after he attained the majority, he found that he does not believe in the Islam and he practices the Hindu religion, as he was brought up by his mother according to the tenets of the Hindu religion. He further stated that as he does not believe in the Islam and practices the Hindu religion, he wants to change his name from ‘Mohammed Riyazudeen C.’ to ‘Sudhin Krishna CS’ and his religion as Hindu. He also told the court that he had officially converted himself to the Hinduism and showed documents issued by the Arya Samajam, Calicut. He further said that he is married to a Hindu woman.
The counsel representing the petitioner argued before the court that the stand of the respondent authorities is in clear contravention of the Rule 3(1) Chapter VI of the KER, which contemplates change in religion, caste and date of birth of the students entered in the admission register. The counsel also cited two judgments of the Kerala High Court, saying the case of the petitioner is covered by these two judgments.
What did the State submit?
The state authorities submitted that the state government has not notified an authority as provided in Rule 3(1) Chapter VI of KER for effecting the changes in caste and religion column and that the Commissioner of Examination has been notified to alter the date of birth.
High Court directed authorities to correct name, religion of petitioner in his SSLC book
The High Court noted that the heading of the Rule 3(1) Chapter VI of KER is ‘Alteration of Date of Birth etc’ and it is not only for the date of birth and the other changes may also be effected by competent authority which would include religion and caste besides the date of birth. It, while rejecting the submissions of the state authorities, said that there can’t be multiple authorities for effecting the changes in date of birth, caste and religion and that when the statutory rule prescribes the provision for effecting the changes of the date of birth, religion and caste, the same authority, who has been notified by the state government, will be empowered to effect changes in date of birth, caste and religion.
“The respondents are directed to effect the changes as sought by the petitioner regarding his name and religion in his SSLC Book. It is again made clear that Rule 3(1) Chapter VI of KER 1959 provides for effecting the changes in the caste and religion as well besides the date of birth, and the same authority which has been empowered to effect the change in the date of birth will have the power to effect the changes in caste and religion of the students,” the High Court said.
