This writ petition raises an important question concerning freedom to practice religion. The question is thus, “Do a person require a certificate from an institution to declare that she had converted to another religion or not, for effecting changes in the Government records?”

2. The petitioner, 'Aysha' was known before as 'Devaki'. Her school records would show that she had professed the religion of Hindu. Her son is a medical doctor converted to Islam. Thereafter, she has chosen the path of her son and embraced the religion of Islam. She approached the Government for notification of her change of name and change of religion. It appears that it has to be done through the Directorate of Printing Department of the State Government. By Ext.P6 proceedings, the Director of the Printing Department returned the application stating that the petitioner will have to produce a certificate issued by a recognized institute/organization declaring the conversion of the petitioner to Islam community. As evident from Exts.P7 (c) and (d) Government orders, the Government had authorized two organizations in the State for issuance of certificate of conversion into Islam community. They are Maunathul Islam Association, Ponnani, Malappuram and Tarbiatul Islam Sabha, Kozhikode.

3. The aforesaid Government Orders are also under challenge in this writ petition apart from challenging the decision of the Director of Printing returning the application.

4. The Government issued Ext.P7 (c) order dated 30.10.2004 noting the fact that the Government had already issued orders authorizing certain organizations to issue conversion certificates in case of those, who have converted to Hindu community and found that it is necessary to issue such guidelines for conversion to Islam community. By the aforesaid Government Order, an exclusive right is given to such organizations to issue a certificate of conversion. The question is whether the Government can insist for production of such certificate for issuance of notification for conversion from one religion to another religion or for the purpose of change of name in accordance with such conversion.

5. The right to profess and practice a religion is a fundamental right. One has the liberty to choose his own faith. Freedom of conscience and practice, as enshrined under the Constitution, is not a mere declaration of a Constitutional right, but a declaration of a right that already exists in the society. The liberty of an individual is a primordial right from time immemorial. The Constitution only had declared such existing right through Article 25 of the Constitution. The Government, therefore, will have to act upon one's declaration as to the change of his faith or conscience. Maturity of such decision cannot be subjected to any examination by any authority.

6. If the Government doubts as to the genuineness of such claim, the Government can conduct an enquiry as to the veracity of such declaration. No doubt, for the purpose of effecting changes in the Government records and streamlining any procedure, the Government may require some evidence. But that does not mean that, for effecting any changes, the Government can insist for production of any certificate issued by certain authority or organization which has been given an exclusive power for issuance of such certificate. The right to practice cannot be burdened with, based on the certificate issued by an organization or an institution. Free exercise of religion means there are no restraints in practice. If the government order as such is implemented, a person who changes his faith would be at the mercy of such organization to declare his status of change of faith. The Government cannot compel a person to affirm his change of religion, only through a particular mode via-a-via the certificate issued by the authorized organization. Freedom of practice of religion, as guaranteed under the Constitution is unrestricted by any qualification. The power of faith is some