Indian Kanoon - Search engine for Indian Law

11. Though no particular formalities or ceremonies are required to be followed for the purpose of conversion, credible evidence of intention to convert followed by subsequent conduct of the convertee is necessary in reaching the conclusion that there was genuine conversion. The convert must embrace Hinduism (or another religion) and follow the cultural and spiritual traditions and take to the mode of life of that religion.

12. It may be noted that in some states, viz., Gujarat, Madhya Pradesh, Himachal Pradesh, Arunachal Pradesh etc., the Freedom of Religion Acts were enacted. The provision thereof prohibits forcible conversion. i.e., by use of force, allurement or by fraudulent means and requires the person who participates or takes part in the ceremony for conversion from one religious faith to another should send the intimation to the District Magistrate either in advance or within a stipulated period after the event of conversion. Failure to do so is an offence. Some enactments cast a duty on the person who is converted to send a notice to the District Magistrate within a stipulated period in a prescribed form and if he fails without sufficient cause to comply with this requirement, he is also punishable. Thus, the intimation and the filing of declaration is a statutory obligation enforceable by law in some of the States. However, where there is no such legislation, the Commission feels that the filing of declaration and registration should not be made obligatory or indispensable mode of proof of conversion. Nor it is necessary or desirable for the Parliament to step in and incorporate such a provision in the Hindu Marriage Act and other laws. We are not concerned here with the issue of forcible or induced conversions and remedial action to be taken in connection therewith. We are only examining the limited question of the evidentiary proof required to establish the factum of conversion when a dispute arises.

14. The Commission would like to advert to one more aspect. In regard the compulsory registration of marriages, the Supreme Court in the case of Seema(Smt.) Vs Ashwani Kumar (2006) 2 SCC 578, gave certain directives/ suggestions to the State Governments. However, it does not appear that the States have taken any concrete measures in this regard. In the 211th Report, the Law Commission has gone to the extent of recommending that the non- registration of marriage and divorce should be made an offence and secondly that no judicial relief shall be granted if the concerned marriage or divorce is not duly registered under the proposed Act. Presently, the Law Commission does not wish to offer its comments on those suggestions having far-reaching effects because the issue which the Commission is presently called upon to deal with is about conversions. If the registration of marriage is made obligatory as per the directives of Supreme Court, or the recommendations of the Law Commission, it does not necessarily follow that conversion to another religion should also be compulsorily registered. Conversion which is bereft of any particular formalities or religious rites, cannot be placed on the same pedestal as marriage which can be recognized in law only if customary rites and ceremonies are gone through. Further, the backdrop in which the compulsory registration of marriages was considered necessary in societal interest is not applicable in all fours to religious conversions. Maybe, as and when compulsory registration of marriage and divorce becomes a reality and adequate machinery is put in place to implement the directives for registration of marriages, the question of recording/registration of conversion could also be considered. At this juncture, the Commission does not propose to recommend, based on the 211th Report, to evolve a scheme for compulsory registration of conversions as well where there is no such law in a State.

Representations/views received and discussions thereon

15. Before we conclude the report by formulating the Commission's recommendations, we would like to consider the views expressed in the responses submitted by Kerala Law Academy Law College, Thiruvananthapuram, Revd. Archbishop of Bhopal, the Catholic Church Body of Madhya Pradesh and certain other Christian organizations/individuals of MP State.

15.1 The students and faculty of Kerala Law Academy, after intensive discussion submitted a report under the caption "Statutory vacuum for effectuating voluntary religious conversion". The report of Kerala Law Academy has stressed on the need to legislatively prescribe a non- cumbersome procedure for effectuating religious conversion. It has been pointed out that declaration should be recognized in the statute as an effective means of conversion. Further, it was pointed out that the law should clearly define the scope and ambit of conversion ceremonies in effecting conversion. The absence of prescription of specific procedure, according to them, creates a legal vacuum in the area of religious conversion which is not in tune with the constitutional guarantee of freedom of conscience.

6. Certified copies of declaration, confirmation and the extracts from the register shall be furnished to the party who gave the declaration or the authorized legal representative, on request.

17. Now, the question arises as to how the above recommendations could be implemented. It is clarified that in whichever State, there is a law governing conversion such as Freedom of Religion Act, the above recommendations do not apply. The question then is whether for implementation of the said recommendations in other States, the enactment of law by Parliament is necessary. The Commission is inclined to think that a separate enactment or amendments to the respective personal laws is not required to give effect to this simple recommendation having regard to the fact that it does not go contrary to the existing provisions of law nor does in any way impinge on the religious freedom or faith of any person. Matters relating to conversion/reconversion are governed by the personal laws in respect of which Parliament has power to make laws. The Central Government can exercise its executive power under Article 73 to issue appropriate instructions to the Union Territories. Similar communications may be addressed by the Central Government to the States (where there are no laws governing the conversion) to give effect to the recommendations set out supra. The Governments concerned in their turn will have to issue necessary orders to the Registration officers. That can be done by the Governments of UT and State Governments administratively.