Court Orders Production of Two Women Allegedly Detained for Exercising Religious Freedom and Marriage Choice
In a significant ruling, the Allahabad High Court has reaffirmed the constitutional rights of individuals to personal liberty and autonomy, emphasizing their freedom to choose their faith and marriage partners. The court was hearing a Habeas Corpus petition filed by Kunwar Sultan Ali and others against the State of Uttar Pradesh and Anil Kumar Bhatia, the father of the two women at the center of the case.
The case involves Ms. Divya Bhatia, also known as Zoya Diya Bhatia, aged 20, and Ms. Anshu Bhatia, also known as Amina Anshu Bhatia, aged 35. Both women, major daughters of Anil Kumar Bhatia, had voluntarily converted from Hinduism to Islam and expressed their desire to marry according to their choice. Their father allegedly filed a false FIR to challenge their decisions, leading to their purported illegal detention.
Justice Sandeep Jain, presiding over the matter, noted the importance of protecting the constitutionally guaranteed rights under Article 21 of the Indian Constitution, which covers personal liberty and privacy. The court was tasked with ensuring that the women's decisions were voluntary and that they were not under illegal confinement.
The counsel for the petitioners argued that the women converted and chose their partners without coercion, inducement, or undue influence. As such, the provisions of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, which targets forced religious conversions, were not applicable in this case.
The court directed the respondents, including the State and the father, to produce the women before the court on August 6, 2026. This would allow the court to directly interact with them and verify the voluntariness of their decisions and the legality of their custody. The court underscored its duty to ascertain whether the women were acting of their own free will or were subjected to any form of illegal detention.
Failure to produce the women on the set date would require the involved police officers to file personal affidavits explaining their non-compliance. These affidavits must detail the steps taken to ensure the women’s presence in court and propose additional measures to facilitate this.
This judgment highlights the judiciary's role in safeguarding individual liberties against familial or societal pressures, reinforcing the principle that adults are entitled to make personal life choices without interference.
Bottom Line:
Constitutionally protected rights of adult individuals to personal liberty, privacy, and decisional autonomy include the right to choose their faith and marriage partner.
Statutory provision(s): Article 21 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 # 2952558
