Directions Issued On Religious Conversions, Inter-Faith Marriages

Chirag Singhvi vs State of Rajasthan through Police Commissioner, Jodhpur

Rajasthan HC

15/12/2017

D.B. Habeas Corpus No. 149 / 2017

About/from the judgment:

(A) An individual, who wishes to change his/her religion will be at liberty to change the same after attaining the age of majority.

(B) One, who intends to change his/her religion should satisfy himself/herself about niceties of conversion of religion.

(C) The authority/person, who is performing ceremony of conversion of religion, should first ascertain whether the person concerned is desirous to change the religion, is having full faith in the newly adopted religion and should also ascertain whether he/she is under any threat of other person or not and if finds that it is forceful conversion, then the authority/person shall give information to the District Collector/SDO/SDM, as the case may be.

(D) The person, who is desirous to change his/her religion, shall give information to the District Collector/SDM/SDO of the concerned city and Sub-Divisional Area before conversion of religion.

(E) The District Collector/SDM/SDO shall put such information upon the Notice Board of its office on the same day.

(F) The person, who has converted his religion from one religion to another religion, shall solemnize the marriage/Nikah after one week of such conversion of religion. For that, the authority/person concerned before whom such marriage/Nikha is being solemnized, shall ensure whether information of conversion has been made or not and thereafter assist in solemnizing the marriage/Nikah

(G) The District Collector upon receiving information of forceful conversion shall take appropriate action in accordance with law, so as to check the forceful conversion.

(H) It is made clear that if any person is desirous for publication of change of religion in the Gazette, he/she shall take recourse of Press and Registration of Books Act, 1867.

(I) It is also directed that if any marriage in the form of any nomenclature of any religion will be performed after conversion in contravention of above guidelines, then such marriage of any nomenclature can be declare voidable upon complaint of aggrieved party.

(J) That aforesaid guidelines shall remain operative until the Act of 2006 or any other act governing the subject matter came into existence in State of Rajasthan to protect the forcible conversion of religion.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

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