In a landmark judgment, the Kerala High Court affirmed that individuals who voluntarily convert to another religion are entitled to have their new religious identity reflected in official school documents. The case centered on Sudhin Krishna C.S., a man born to a Muslim father and a Hindu mother, who was raised according to Hindu customs. Upon reaching adulthood, he chose to embrace Hinduism, officially converting through the Arya Samaj and publishing a Gazette notification to this effect. He sought to update his Secondary School Leaving Certificate (SSLC) to reflect his new name and religion. However, his request was initially denied by the authorities, citing the absence of a provision in the Kerala Education Act and Rules to change caste and religion in school records.
Justice D.K. Singh, delivering the judgment, emphasized that the right to freely profess and practice any religion is a fundamental right guaranteed under Article 25 of the Indian Constitution. He noted that this right encompasses not only the freedom to change one's religion but also the right to have such a change accurately recorded in official documents. The court observed that denying such a request could adversely affect the individual's future opportunities and infringe upon their constitutional rights.
The government's opposition to the petition was based on the argument that the Commissioner of Examinations was authorized only to correct the date of birth in school records, not caste or religion. However, the court rejected this contention, stating that the same authority empowered to effect changes in the date of birth under Rule 3(1) of the Kerala Education Rules, 1959, also possesses the authority to make changes concerning caste and religion. The court clarified that there need not be multiple authorities for effecting changes in different aspects of a student's records.
Furthermore, the court highlighted that the absence of a specific provision in the Kerala Education Rules to change religion in school certificates should not be construed as a limitation on an individual's right to have their religious identity accurately reflected. The judgment underscored that the constitutional guarantee of freedom of religion takes precedence over administrative constraints.
In conclusion, the Kerala High Court's decision reinforces the principle that individuals have the right to have their religious identity accurately represented in official records, reflecting their personal choices and beliefs. This ruling not only upholds constitutional rights but also sets a precedent for similar cases, ensuring that administrative procedures align with fundamental rights.
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