The Kerala High Court has granted the request of two young individuals seeking to change their religion in their school certificates following their conversion to a new faith.

The court noted that despite the absence of a specific provision for changing religion in school records, the petitioners have the right to update their religious affiliation in their documents to reflect their new religion.

The single headed bench of Justice V.G. Arun ordered:

“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.”

Case Brief:

The petitioners, aged 24 and 25, were born to Hindu parents and adhered to the Hindu religion until May 2017. After their conversion to Christianity through baptism, they sought to update their school certificates to reflect their new religious affiliation.

The petitioners initially approached the Controller of Examinations to update their names and religion in their school certificates. However, their request was denied on the grounds that no provision exists for making such corrections. Disappointed by this refusal, the petitioners subsequently turned to the High Court for resolution.

In reference to the case Naveed MC v. Noufal v. State of Kerala (2021), it was argued that the Court has the authority to direct amendments to certificates, even in the absence of specific provisions for such changes. The Court emphasized that under Article 25 of the Constitution of India, individuals have the freedom to practice and profess any religion of their choice. Consequently, the Court recognized that, as part of the right to freedom of religion guaranteed by the Constitution, the petitioners are entitled to correct their records to reflect their new religious affiliation.

The Court, citing Naveed MC (supra), noted that denying corrections in certificates could negatively affect the petitioners' futures. It observed, “Moreover, such a rigid approach undermines the Constitutional guarantee as well.” As a result, the Court overturned the Controller of Examination's decision and allowed the petitioners to amend their school certificates to reflect their new religion.

Consequently, the Court granted the writ petition and instructed the Controller of Examination to amend the entries regarding religion in the petitioners' school certificates.

Counsel for Petitioner: Advocate T K Ananda Krishnan

Counsel for Respondents: Senior Government Pleader Deepa Narayanan

Case Title: Lohith S v State of Kerala

Case Number: WP(C) NO. 22847 OF 2024