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Axa Aga   16 May 2023

Correct legal procedure of a muslim adult girl becoming hindu ?

Kindly guide about the correct legal procedure of a muslim or christian girl (adult) becoming a HINDU ?

Can the Arya Samaj Mandirs do it ?

Thanks



Learning

 7 Replies

Dr J C Vashista (Advocate)     16 May 2023

Conversion of religion from Muslim to Hindu or Christian is a social and not a legal process / procedure, which can be found from concerned Mandir / Church.

No legal issue is involved in the post for consideration and obligation of experts.

Axa Aga   16 May 2023

In a recent case hearing in MP, the judge ruled that since the girl was muslim,her conversion to HINDU in Arya samaj is not valid, and thus her marriage toa HINDU boy was nullified. Thus, it appears there has to be a legal process/procedure for a muslim or chritian girl to convert to HINDUISM which will stand in the court of law also. Else why did that judge did not accept that girl as HINDU, conversion done in Arya Samaj Mandir, and certificate to that effact was also given by that Arya Samaj Mandir.

Thus, this matter needs more guidance plz.

T. Kalaiselvan, Advocate (Advocate)     16 May 2023

A very good observation and opinion by learned senior advocate Dr. Vashista sir.

There is no provision in law or any  prescribed  procedure for converstion of religion in any  personal law as well.

The Arya samaj is just a private institute, it has no power or authority to convert a person from other religion to Hindu neither it can give any such certificate.

It can only state that it as a witness for conversion that the individual adopted on his or her own.

 

Axa Aga   16 May 2023

Respected Sirs :

I had quoted a a court case from MP, which gives a different picture, and that is why this question arose.

In a recent case hearing in MP, the judge ruled that since the girl was muslim, her conversion to HINDU in Arya Samaj Temple in presence of witnesses is not valid, and thus her marriage to a HINDU boy was nullified.

Thus, it appears there has to be a legal process/procedure for a muslim or chritian girl to convert to HINDUISM which will stand in the court of law also.

Else why did that judge did not accept that girl as HINDU, conversion done in Arya Samaj Mandir, and certificate to that effect was also given by that Arya Samaj Mandi that conversion has taken place in their temple, and witness signature was also there.

I request for more guidance on this question /issue.

Niharika Lohan   16 May 2023

Hi Axa Aga.

To practice and get converted to Hinduism, there is no official conversion process or religious ceremony. One needs to have the will and the commitment only to study the scripttures and abide by the rules and practices followed in the Religion. In India, you can visit a nearby Arya Samaj temple and show your willingness towards conversion to Hinduism, post which they will issue you a religion change certificate This religion conversion certificate needs to accompany the application form for notification in the official Government Gazette.

Documents Required for Religion Change in India

  • Identity Proof – Pan card or Driving License or Passport or Aadhar Card or Voter ID
  • Address proof – Aadhar Card or Ration Card or Electricity Bill
  • Photo proof – One Passport Size Photo
  • Application Form – Duly signed application form with all details of the old and new religion, old name, present address, contact details and the reason for religion change.

Optional Documents

  • Marriage Registration Certificate (For married women)
  • Affidavit (If any, made after conversion, etc.)
  • Divorce papers (In case of divorce etc.)

 

The Legal Procedure For Religion Change In India:

1-Creating Religion Change Affidavit

A religion change affidavit is prepared on stamp paper with details like name, the new religion, old religion, and address,  which is notarized by a notary public.

2-Placing Advertisement

An advertisement of the person (name & address) is placed in a widely circulated newspaper to ensure there is no public objection or illegal reasons behind his/her change in religion.

3-Gazette Procedure

The National Gazette, which is an online record published by the Central Government of India, is notified of the religion change to alter government IDs as well.

4-Gazette Publication

The religion change declaration is then published in the e-Gazette, taking up to 60 business days for the publication to appear.

 

I hope it helps, for further query you can contact me at niharikalohan@yahoo.com 

Axa Aga   16 May 2023

Respectred Adv. Ms Niharika :

First time, I have got the complete information on the coversion process. Thank you  very much. I have noted your email id.

I knew something was missing (affidavit, not publishing in newspapers, not publishing in gazette etc.) that the learned judge in MP did not accept the conversion merely on conversion certifiacte issued by Arya Samaj Mandir, even though witnessed.

Many Thanks

Best Regards,

 

 

1 Like

Sudhir Kumar, Advocate (Advocate)     16 May 2023

please consult Arya Samaj temple.  They know bteer than many lawyers.


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