Recently, the Allahabad High Court underscored that while individuals in India possess the freedom to change their religion, it necessitates credible evidence to establish the voluntary nature of such religious conversions.

Justice Prashant Kumar emphasized that a mere oral or written declaration claiming a religious conversion is insufficient to validate it. The court stressed the necessity of credible evidence demonstrating the genuine desire for conversion.

The Court further highlighted the importance of officially notifying the religious conversion to relevant authorities, ensuring its recognition in government records and identity documents. Additionally, it emphasized the necessity of public notification through newspapers to prevent fraudulent or unlawful conversions.

The Court elaborated that upon submission of an application to officially notify a religious conversion in the Official Gazette, the pertinent government department would conduct a meticulous examination. It emphasized that the change in religion would be published in the Gazette only after thorough scrutiny has been conducted to ensure its legitimacy.

These observations were prompted by the Court's consideration of a petition seeking to dismiss a case filed against a man who married a woman from a different religious background.

The woman's father had accused the man of kidnapping his daughter and committing various offenses, including criminal intimidation, rape, and violations under the Protection of Children from Sexual Offenses Act (POCSO Act).

Earlier, the Court had directed the submission of the woman's high school certificate to verify her age. On April 8, the Court acknowledged a submission indicating a medical report confirming the woman's adulthood at the time of her marriage to the accused man. Furthermore, the Court was informed that the man willingly converted to his wife's religion, and they had a child together. The family was reported to be residing together harmoniously, indicating a contented household.

However, the Court opted to delve deeper into the voluntariness of the religious conversion, questioning whether it was a genuine expression of faith or merely a means to navigate legal complexities or external pressures. Consequently, the Court extended the timeline for the State counsel to investigate whether the religious conversion was solely motivated by the intention to facilitate the marriage or if it stemmed from sincere personal beliefs.

The matter will be heard next on May 6.

Advocate Chandra Prakash Singh appeared for applicants (including the accused man).

Additional Government Advocate SD Pandey appeared for the State.

Case Title: Sonu & Ors v State 7 Anr