How to Change Religion in India Legally | Step-by-Step Process

India recognizes the fundamental right to freedom of religion as an essential value enshrined in its Constitution, chiefly because of its immense cultural and religious diversity. This right allows each person the untrammeled right to follow their religion or belief. Therefore, people are free not only to continue in their inherited faith but also to adopt a different religion if they are personally convinced. The Constitution thus grants the liberty that matters of faith and belief are essentially personal and should be immune to interference or coercion. Such freedom is an integral part of India's secular democratic structure. Hence, the state protects its citizens against discrimination or persecution based on their religious convictions. In sum, this right demonstrates the country's commitment to tolerance within the public space, inclusion, and individual choice and autonomy on matters of faith.

While going through this blog, you will get to know about:

• How to change religion in India legally?
• Procedure to Change Religion in India.
• Relevant FAQs.

Can I Change My Religion Legally In India?

Yes, it is legally possible to change religion in India. The Constitution guarantees this right, but it involves going through some legal and administrative formalities that would ensure that the change is voluntary and recorded officially.

Article 25 of the Indian Constitution

Article 25(1) of the Indian Constitution guarantees freedom of conscience and the right to freely profess, practice, and propagate religion to all citizens, subject to public order, morality, and health. This fundamental right provides a legal foundation for religious conversion across India. The Supreme Court has held, time and again, that an individual is free and has the right to choose or profess any religion of his choice as an extension of his fundamental rights.

Laws That Prohibit Forced Conversions

It is given by the Constitution of India that every citizen has the right to convert, but some Indian states have come out with laws regulating the process of religious conversions. These laws were brought in mainly for prohibiting conversions through force, fraud, coercion, or inducement. Generally, they require that an individual wishing to convert should make a submission to designated authorities beforehand.

The states that have enacted such laws include Odisha, Madhya Pradesh, Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Uttarakhand, Uttar Pradesh, Haryana, and Karnataka. The intricacy of laws-modes of notice, penalties, procedure to be followed, and all such things vary from one state to another. The said laws make it imperative for someone willing to convert religiously to know well and keep the legal requirements regarding conversion of the particular state in which conversion is being carried out.

Supreme Court Ruling On Voluntary And Genuine Conversions

One such ruling is Rev. Stainislaus vs. State of Madhya Pradesh & Ors.

In this landmark case, the Supreme Court upheld the constitutional validity of the Madhya Pradesh Dharma Swatantraya Adhiniyam, 1968 (similar to the anti-conversion laws in other states). The Court also ruled on the scope of Article 25 and held that the right to propagate equally does not include the right to convert to one's religion.

The Court held that the state could enact laws to prevent conversion by coercion, undue influence, or allurement, as these crack the freedom of conscience of the individual. This decision emphasizes that, though voluntary conversion is permissible, the state has a legitimate interest in regulating conversion so as not to disrupt public order and to ensure unethical practices are prevented.

Legal Conditions For Changing Religion In India

Conversion is an issue that attracts the interest of many scholars and judges, for it limits and expands the scope of law and human rights. The basic requirements for a valid conversion in merit, according to some prevalent laws of India, are set out here.

Voluntary Consent

A conversion has to be voluntary without any coercion or undue influence, or allurement. Any conversion obtained under force or counterfeit is not legally valid and would even attract penal provisions under state anti-conversion laws and the Indian Penal Code (IPC)[now replaced by Bharatiya Nyaya Sanhita (BNS), 2023], mainly the provisions under Sections 295A [Section 299, BNS] and 298 [Section 302, BNS], which deal with any act knowingly and willfully intending to hurt religious sentiments.

Sound Mind and Legal Age

The person who is converting should be of sound mind and adult age (that is, above 18 years). Normally, for a minor's conversion, the consent of the guardian is necessary.

Genuine Belief

The conversion must arise from an honest consciousness and belief in the new religion to accomplish some ulterior motive, like marriage (as some judgments have stipulated).

Adherence To Religious Procedures

While the state does not specify the religious rites, adoption of the religion's customary procedures is in general, expected, and certification authorities or religious bodies involved will more than likely insist upon such rites.

Notification To Authorities (In Some States)

As already indicated, a number of jurisdictions require notification by intending converts to the district magistrate or other designated authorities prior to or occasionally after conversion. Noncompliance with the notification is a ground for invalidation of conversion in these states.

Step-by-Step Legal Process To Change Religion In India

The change of religion through legal means in India usually involves the following steps:

Draft Affidavit Declaring Change Of Religion

• The first, necessary formality in formalizing a religious conversion in India is to prepare a duly affidavit on stamp paper – usually around ₹10 or upwards, depending on the state – setting out that you were, for all legal purposes, a member of one religion and are now a member of another.
• This affidavit is an official declaration and should provide your name (before and after, if that has changed), your date of birth, residential address, and religious commitment before conversion, and also in respect of any new religion.
• You should also provide an accurate date and place of conversion as well.
• The affidavit should include a clear statement that conversion was an act of free will and not coerced or unduly influenced. Generally speaking, it is not necessary to give reasons for the change of faith; however, if you are not forced to do so, it could assist in supporting the veracity of the declaration.
• The document must be signed by the person converting and attested by a Notary Public or Ordained commissioner to be accepted legally.

Publishing A Newspaper Advertisement

• To make a public declaration of change of religion and object to it any, usually requires an advertisement in at least two widely read newspapers, one in English and one in a prominent local language newspaper of the area of your residence.
• The advertisement should contain the same details as given in the affidavit (old name, new name if any, old religion, new religion, address, and a declaration of voluntary conversion).
• You will have to retain copies of these newspaper clippings.

Notification In The Government Gazette

• The last and most important part of the process of formalizing a change of religion is the publication of a notice in the official Gazette of India or the respective gazette of the state government, as per applicable local law.
• Publication in the Gazette of India will serve as official legal recognition of your change in religion and is often required to amend records with various Government agencies.
• In order to have your notice published in the Gazette, you must first submit a request/application to the Controller of Publications, Department of Publications, Civil Lines, Delhi, or to the relevant state governmental authority.
• You will be required to submit your application with various supporting documents such as the original, a duly notarized affidavit stating that you are changing your religion, and copies of newspaper advertisements declaring you to have changed your religion.
• You will also be required to submit self-attested proof of identity (such as an Aadhaar card, a Passport, a Voter ID card or PAN card) and self-attested proof of address (such as Aadhaar, Ration card or utility bills).
• You will also be required to submit recent passport-size photographs (if requested), a covering letter, the prescribed fee by way of either a demand draft or online receipt, and an application form according to the department's application guidelines to complete the process.

List Of Documents Required For Religious Conversion

• Duly sworn and notarized affidavit declaring the change of religion.
• Copies of advertisements published in two newspapers (one English, one local language).
• Original newspaper clippings of the published advertisement.
• Proof of Identity (any one of these, self-attested): Aadhaar Card, Passport, Voter ID Card, PAN Card, or Driving License.
• Proof of Address (any one of these, self-attested): Aadhaar Card, Ration Card, Electricity Bill, Water Bill, or Bank Statement.
• Recent passport-sized photographs (number as specified by the gazette office), self-attested.
• Application form for gazette notification (as prescribed by the Department of Publication).
• Demand draft or online payment receipt for the gazette notification fee.

Timeline For Completing The Process

• Affidavit: The preparation of the affidavit and the notarization of the affidavit usually take a couple of days.
• Newspaper Advertisement: The publication in newspapers usually takes about a week after the advertisement has been submitted.
• Gazette Notification: The official gazette notification usually takes 4 to 8 weeks (longer in some cases) after submission of the application and depends on the workload of the Department of Publication.

As a result, the entire process may take around 1 to 3 months or even longer. It is recommended that you begin this process well in advance of the date on which you require the official documentation of your changed religion.

Religious-Specific Procedures

The legal process of affidavit, paper publication, and gazette notification is, in most cases, the same; the religious process of conversion (including the accompanying documentation) can differ greatly depending on what religion is being invoked.

Conversion To Hinduism

There is no such formal initiation into Hinduism through a common standardized rite or obligatory ritual defined in any Hindu scripture. Generally, however, acceptance into the fold depends on the particular sect or tradition.

• Arya Samaj: The Arya Samaj, a Hindu reform movement, has a formal process for conversion entitled shuddhi (purity). This process may include a Vedic purification ceremony (Havan or Homam) and a certificate of conversion. If you are interested in converting to Hinduism, you can visit an Arya Samaj temple and they will guide you on how to proceed and perform the ceremony.
• Acceptance by a Sect/Guru: In some Hindu traditions, acceptance by a recognized sect or a spiritual guru and adherence to their practices may be considered a form of conversion.
• No Formal Ceremony: For many, adopting Hinduism involves a sincere belief in its principles and practices without a formal ceremony. However, obtaining a certificate from an organization like the Arya Samaj can be helpful for official documentation.

Conversion To Islam

Conversion to Islam generally involves a declaration of faith called the "Shahada." It is a statement that should be recited in front of adult Muslim witnesses; it declares that "There is no god but Allah, and Muhammad is his messenger."

• Declaration at a Mosque: When a person wants to convert to Islam, he visits a mosque and announces his acceptance of the Shahadah in front of an Imam (a leader in the community) and at least two adult Muslim witnesses.
• Issuance of Conversion Certificate (Shahada Certificate): Then, the mosque usually tends to provide a conversion certificate or Shahada certificate to be printed and stamped on official letterhead, containing the date of conversion as well as the names of the witnesses. Some mosques would issue this certificate for use in supporting documentation for legal purposes in conversion proceedings.

Conversion To Christianity

Baptism, as it marks an individual's commitment and relationship with Jesus Christ, their death and resurrection, and the entrance into the Christian faith, is usually involved with the act of conversion.

• Connecting with a Church: The first step in the conversion process is to connect with a Christian church of the denomination one wishes to convert to (i.e., Catholic, Protestant).
• Religious Instruction: After connecting with a church, the individual will likely need to complete a period of religious instruction or catechism to learn about Christian beliefs and practices.
• Baptism Ceremony: Once the individual has completed the instruction or catechesis, professed faith, the individual can then undergo a baptism ceremony by the pastor or priest.
• Issuing of Baptism Certificate/Conversion Certificate: As proof of religious conversion, a church will issue a baptism certificate or a certificate of conversion. This may serve as evidence for legal purposes.

Important Things To Keep In Mind

• Conversion has to Be Voluntary: This is the most important thing. Any hint of force, coercion or undue influence can void the conversion and could lead to legal sanctions, especially in states with anti-conversion legislation.
• Get Legal Advice: If you live in a state with anti-conversion laws or suspect any legal trouble will be on the horizon, it's a good idea to consult with a lawyer who practices on these matters where you live (i.e., Pune). They can address your state-specific requirements and keep you on track legally.
• Update Your Records: After you have filed your notice with the Gazette, it is now time to update your religion on your official documents - Aadhaar card, PAN card, passport, voter ID, school/college records, and so on. Other identification or legal documents, provided you used the gazette notification as your main form of proof.
• Possible Social Consequences: Changing religions can have social consequences and this should be foreseen when doing so. Expect reactions from family, friends and community.
• No Change in Caste: It is important to state that while you can change your religion, your caste (if applicable) generally does not legally change when you change your religion, especially in terms of reservations and other caste-based benefits. The Supreme Court has also ruled in various decisions on these issues.

Conclusion

Changing your religion is a deeply personal decision, but in India, it is also a legally recognized right when done voluntarily and lawfully. By following the correct legal procedure, submitting the required documents, and adhering to any state-specific rules, you can ensure that your conversion is valid and officially recognized.

Whether you’re exploring how to change religion in India for spiritual, personal, or social reasons, it's crucial to understand both your rights and responsibilities. And if you reside in a state with anti-conversion regulations, seeking legal guidance can help you avoid complications and ensure a smooth transition.

FAQs

A few FAQs are:

Q1: Is it legal to change my religion in India?

Yes, the Indian Constitution under Article 25 guarantees the freedom to profess, practice, and propagate religion, which includes the right to change one's religion voluntarily. However, some states have laws regulating the process to prevent forced conversions.

Q2: What are the basic steps to legally change religion in India?

The typical process involves drafting a notarized affidavit declaring the change, publishing an advertisement in two newspapers, and submitting an application for notification in the Government Gazette.

Q3: Do I need a conversion certificate from a religious institution?

While not always mandatory for the legal process with the government, a conversion certificate from the religious institution you are joining can serve as valuable supporting documentation for your affidavit and gazette notification.

Q4: How long does it take to officially change religion in India?

The entire process, from drafting the affidavit to receiving the gazette notification, can take anywhere from 1 to 3 months or longer, depending on the efficiency of the newspaper publication and the government gazette office.

Q5: What documents are required for the gazette notification of religion change?

Generally required documents include the notarized affidavit, newspaper clippings of the advertisement, identity and address proof, passport-sized photographs, and the application form with the prescribed fee.

Q6: Does my caste change when I change my religion in India?

Generally, your caste does not automatically change upon religious conversion, particularly for the purpose of availing caste-based reservations or benefits. The legal position on this is complex and has been addressed by the Supreme Court.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. For personalized legal guidance, please consult with a qualified family lawyer.