Court reiterates constitutional protection under Articles 21 and 25, affirms autonomy of adult Ayush Malik to embrace Islam and marry Chandni Qureshi despite family opposition and pending FIR
In a significant judgment delivered on September 16, 2026, the Allahabad High Court has emphatically upheld the constitutional rights of an adult individual to freely choose his religion and matrimonial partner, reinforcing the inviolability of personal liberty under Articles 21 and 25 of the Constitution of India. The Court, presided over by Justice Sandeep Jain, disposed of a habeas corpus petition filed by Ayush Malik and another, who challenged his alleged unlawful confinement and familial opposition due to his conversion to Islam and his intention to marry Chandni Qureshi.
Ayush Malik, aged 31 and educated up to B.Pharma, voluntarily embraced Islam in 2014, a decision he asserted was made without any coercion or undue influence. Despite his family's disapproval, Malik has been practising the essential tenets of Islam. His choice to marry Chandni Qureshi, a decision also opposed by his parents, led to the registration of an FIR against Qureshi and her relatives under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, and several sections of the Bharatiya Nyaya Sanhita (B.N.S.), 2023.
The Court meticulously examined the facts, including Malik's direct testimony before it, where he confirmed his independent and voluntary decisions regarding his faith and matrimonial alliance. The father of the corpus, respondent no. 4, expressed concerns that Malik had been influenced or brainwashed and opposed both his conversion and marriage plans. However, the Court found no material evidence to doubt Malik's voluntariness.
Relying on constitutional guarantees, the Court reaffirmed that the freedom of conscience and the right to profess, practise, and propagate religion are fundamental rights protected under Article 25, subject only to reasonable restrictions prescribed by law. Importantly, the Court held that an adult's choice of faith cannot be invalidated simply because it is unacceptable to family members.
Similarly, the Court observed that the right to choose a matrimonial partner is an integral part of the right to life and personal liberty enshrined in Article 21. Familial disapproval does not constitute a lawful ground to restrict such individual autonomy.
The Court noted that the FIR against Chandni Qureshi and her relatives was registered as a consequence of Malik's choices and that they had been granted bail by the District and Sessions Judge, Shamli. The Court expressed concern over Malik's alleged house arrest and police presence at his residence, declaring that no lawful justification existed for restraining his liberty.
Consequently, the Court ordered that Ayush Malik be set at liberty to reside wherever he wishes, to practice the religion of his choice, and to solemnize his matrimonial relationship in accordance with law. The Court emphasized that its jurisdiction under Article 226 is not to substitute its view for that of a competent adult's considered choice but to protect constitutional freedoms.
This landmark ruling is a robust affirmation of individual rights in the face of familial and societal pressures and underscores the judiciary's role in safeguarding personal liberty and freedom of conscience.
Bottom Line:
Freedom of conscience and the right to profess, practise, and propagate religion as well as the autonomy to choose a matrimonial partner are integral facets of constitutional rights under Articles 21 and 25 of the Constitution of India.
Statutory provision(s):
Articles 21 and 25 of the Constitution of India, Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, Sections 308(5), 351(3), 61(2), 338, 336(3), 318(4) of the Bharatiya Nyaya Sanhita, 2023
Ayush Malik v. State of U.P., (Allahabad) : Law Finder Doc Id # 2979903
