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IN THE HIGH COURT OF KERALA AT ERNAKULAM
D. K. SINGH
Sudhin Krishna C.S. – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
D.K. SINGH, J.
Heard learned counsel for the petitioner and learned Government Pleader appearing for the respondents.
2. The petitioner’s parents belong to different religions. The father of the petitioner is a Muslim and the mother of the petitioner is a Hindu. Though the petitioner was born in Palani, Tamil Nadu, but he was brought up in Kerala at Kodunthirapully in Palakkad District. The petitioner completed his Secondary Education at Grace Higher Secondary School, Kodunthirapully. However, the school is no longer in existence. At the time of admission in the school, the petitioner’s name was ‘Mohammed Riyazudeen C.S.’ and his religion was mentioned as ‘Islam, Mappila’ .
3. According to the petitioner, when his name was entered as ‘Mohammed Riyazudeen C.S.’, he was minor, and it was the father of the petitioner who entered the particulars of the petitioner, including his name and religion, in the school. After he attained the majority, the petitioner found that he does not believe in Islam and he practices Hindu religion inasmuch as he was brought up by his mother according to the tenets of the Hindu religion. As the petitioner does not believe in Islam and he practices H
The court affirmed the right to change one's religion and name in official records under Rule 3(1) of KER 1959, supported by constitutional protections.
Individuals have the constitutional right to change their religion, and official records must be updated to reflect such changes, irrespective of the absence of specific provisions.
The court may exercise extraordinary jurisdiction to amend marriage certificates despite procedural restrictions in specific cases for justice.
The court upheld the authority of birth certificates over subsequent school records for name changes, asserting the necessity for consistency in official identification.
The right to change one's name is a fundamental right, but such changes do not retroactively alter educational records reflecting past identities.
Article 25 of the Constitution guarantees freedom of conscience, including the right to declare non-belief in any religion, but requires quantifiable evidence for public interest claims.
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