The process of Converting religion in India involves both customary and legal procedures. In order to comply with the legal procedures, the applicant is required to furnish the stipulated documents. After verifying the same, the details of the applicant along with the information pertaining to the Converting religion are published in the government gazette.
Introduction
One of the facts that put westerners in awe about India, is the number of different races and religions that co-exist together here. Furthermore, freedom of religion is one of the fundamental rights guaranteed by Article 15 and Article 25 of the Constitution of India. The citizens of India have the right to promote and practice their religion peacefully, which means they are also free to adopt any religion as per their wishes and beliefs. Being the largest democracy in the world, India not only provides the freedom to choose a religion of one’s choice but also allows the change from one religion to another as per the wishes of an individual. A converting religion could happen due to a number of reasons like marriage, divorce, or simply due to one’s own choice or belief. The only requirement is that the change should be one out of good faith and free will.
However, it has to be noted that when someone wishes to change their religion, the necessary changes have to be made in the stipulated legal documents as well. Usually, once the customary procedures pertaining to changing the religion are accomplished, it has to be notified in the government gazette. It may be interesting to note that, while a change in one’s religion is notified in the gazette, a change in caste cannot be done so.
What Happens if you Change Religions?
Changing one’s religion has significant social and legal implications, impacting matters such as succession, marital status, and eligibility for elective office. According to Section 13 (1) of the Hindu Marriage Act, a person can seek a divorce if their spouse converts to another religion.
In the case of a Muslim husband renouncing Islam and adopting a different religion, the marriage automatically dissolves. Consequently, the individual will be governed by a distinct set of personal laws after conversion.
For Scheduled Caste or Tribe members who change their religion, there is a potential risk of losing eligibility to contest elections reserved for SCs/STs. However, it’s important to note that the right of inheritance remains unaffected even after conversion.
Therefore, the act of conversion holds considerable significance in determining the rights and limitations that apply to the converted individual.
Documents Required for Publishing Notification in the Gazette
- Affidavit copy
- Copy of newspaper, wherein the details regarding the individual changing religion are mentioned
- Passport Size photos with self-attestation
- Proof of identity with self-attestation
- The fee as directed by the government for changing the religion.
Documents Required to Get Certificate for Converting Religion
- Copy of the original newspaper wherein the advertisement pertaining to the converting religion was published
- Original conversion certificate, given by the authorised religious institution
- The application for converting religion duly signed by the applicant and witnesses, two in number, along with the declaration
- Passport size photographs, two in number
- Photocopies of authorised identity proofs such as PAN (Permanent Account Number) card, AADHAR card, voter ID, or passport
- A letter of requisition addressed to the designated authority along with the stipulated registration fee
- Affidavit on stamp paper
- Marriage certificate or divorce papers, if required.
Mandatory Documents Required for Minors Below 18 Years
- Proof of identity like AADHAR card or school ID
- Valid Address proof like AADHAR card or ration card
- Proof to substantiate the age like that of Birth certificate or bonafide certificate
- One recent passport-size photo
- The application form for changing the religion, duly signed by the minor if possible and by the parents or guardians.
What Is the Legal Process to Change Religion in India?
Changing religion in India involves specific processes for different religions:
Hinduism
- In Hinduism, there’s no formal conversion procedure. Studying the texts and adhering to the religion’s laws and practices is the way to convert
- Express your desire to become a Hindu at an Arya Samaj temple, and they’ll provide a conversion certificate
- Submit the certificate with an application form for it to be published in the Government Gazette.
Islam
- To convert to Islam, perform the Shahada at a mosque in front of a Maulvi and two witnesses
- The Maulvi issues a Shahada certificate on the mosque’s letterhead, including the date and witness information
- Start practising Islam with the conversion certificate
- Submit the certificate with an application form for it to be published in the Government Gazette.
Christianity
- In Christianity, visit a church for a baptism ritual to change religion
- Receive a new Christian name and a document from the church as proof
- Submit the certificate with an application form for it to be published in the Government Gazette.
Procedure for Converting Religions in India
Step 1: Filing the Affidavit
The converting religion should be recorded in an affidavit that is made on a stamp paper with a denomination of a minimum of ₹10. The affidavit is a vital legal document that contains all the necessary details of the applicant who is wishing to change religion. This would ensure that the applicant’s religion is changed in all the legal documents
Step 2: Advertisement in Newspaper
An Advertisement has to be placed in a widely circulated regional or national newspaper, ensuring there is no public objection to the change. All the necessary details like name, address, and age of the applicant have to be given in the newspaper.
Step 3: Notification in the Gazette
The last step is the publication of the converting religion in the gazette, which is an online portal published by the Indian government. Once the application form for the gazette notification is filed by the applicant, the details thus furnished in the application are verified. If the details are found to be correct, the change in the religion of the respective individual is published in the gazette. Once the stated steps are completed, it takes up to 60 business days for the advertisement to appear in the newspaper.
Although the process seems to be too much to assimilate, with the right hands to help one out, the change in religion can be easily accomplished. We here at Vakilsearch, go an extra mile to help our clients when it comes to changing their religion. Our experts handle the procedures in a much appreciable manner, thus accomplishing the change in religion for the required individuals. Therefore, giving an option to Converting religion, only proves that India is undoubtedly a nation bestowed with unity in diversity.
Frequently Asked Questions
What are the consequences of a Change of religion after marriage?
Changing religion after marriage can have legal implications, affecting matters like succession, marital status, and eligibility for elective office. For instance, the Hindu Marriage Act allows for divorce if a spouse converts to another religion.
Is religious conversion legal in India?
In India, the constitution, particularly Articles 25 to 28, upholds the fundamental right to freedom of religion, making religious conversion legal. The preamble, amended in 1976, officially declares India as a secular state. While most states do not have anti-conversion laws, Madhya Pradesh, Odisha, Gujarat, Chhattisgarh, and Himachal Pradesh have enacted such legislation. Additionally, Jharkhand has recently introduced an anti-conversion bill targeting forced conversions, proposing a 4-year prison term and a ₹1 lakh fine for offenders.
