Court Orders Rs. 25 Lakh Compensation for Unlawful Detention Over Religious Conversion
In a landmark judgment, the Allahabad High Court, under the stewardship of Justice Sandeep Jain, has reaffirmed the constitutional rights of adult women to make autonomous decisions regarding their faith and personal liberty. The court ruled in favor of Ms. Diya Bhatia, now known as Zoya Diya Bhatia, and Ms. Anshu Bhatia, now Amina Anshu Bhatia, declaring their confinement by their father, Anil Kumar Bhatia, as unlawful.
The habeas corpus petition highlighted that the two women, upon reaching adulthood, voluntarily converted to Islam seeking mental peace and spiritual fulfillment. Despite their clear and conscious decision, their father detained them against their will, in disapproval of their religious choices. The court interacted with the women and found their statements about their voluntary conversion to Islam consistent and without any coercion.
Justice Jain emphasized that upon attaining majority, individuals are constitutionally entitled to make decisions concerning their faith, residence, and personal liberty. The court criticized the prolonged and coercive confinement as a violation of their fundamental rights under Articles 21 and 25 of the Indian Constitution, which guarantee personal liberty and freedom of conscience.
The court further ruled that the allegations of the conversion being part of a larger conspiracy were unsubstantiated by concrete evidence. It held that the freedom of conscience and religious choice is a fundamental right and that the State or family cannot interfere with such decisions, unless restricted by lawful authority.
In a significant move, the court directed that both the State of Uttar Pradesh and the father, Anil Kumar Bhatia, jointly compensate the women with Rs. 25 lakh for the unlawful detention, to be shared equally. This decision underscores the judiciary's role in upholding constitutional rights against unlawful confinements based on personal choices.
The ruling also directed the release of all personal documents of the women, currently held by their father, within a week, and provided measures to ensure their liberty and protection from further interference.
Bottom Line:
Habeas Corpus - Adult women entitled to exercise decisional autonomy - Parents cannot unlawfully confine major children merely due to disagreement with their personal choices, including religion.
Statutory provision(s): Articles 21 and 25 of the Constitution of India, Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021
Kunwar Sultan Ali v. State of U.P., (Allahabad) : Law Finder Doc id # 2958492
