Allahabad High Court Orders Production Of 2 Women Allegedly Confined By Father After They Renounced Hinduism To Embrace Islam

The Allahabad High Court on Thursday directed the production of 2 adult women before it in a habeas corpus petition alleging that they had been illegally confined by their father after they voluntarily renounced Hinduism to embrace Islam and decided to marry persons of their choice.

A bench of Justice Sandeep Jain observed that if the allegations in the petition are ultimately found to be correct, any interference with the women's decisions regarding their faith, marriage and residence would amount to an "unwarranted encroachment upon their constitutionally protected rights to dignity, privacy, personal liberty and decisional autonomy".

The single judge passed this order in the habeas corpus petition filed on behalf of Divya Bhatia alias Zoya Diya Bhatia (20) and Anshu Bhatia alias Amina Anshu Bhatia (35).

According to the petition, being adults of sound mind, both the petitioners voluntarily renounced the Hindu faith and embraced Islam of their own free will, without any coercion, inducement, or undue influence.

The plea claimed that they have also decided to solemnize their marriages in accordance with their own choice and wishes.

The petition alleges that the women's father, aggrieved by their decision to embrace Islam and marry persons belonging to another faith, lodged a false FIR under Section 87 BNS (Kidnapping, abducting or inducing woman to compel her marriage, etc.), with the object of frustrating the exercise of their lawful rights.

It further claimed that, in connivance with the local police authorities, the father had illegally confined the two women and restrained their liberty.

Appearing for the petitioners, Advocate Ali Bin Saif, assisted by Advocate Kaif Hasan, contended that the conversion of the corpus was voluntary and was an outcome of their independent exercise of conscience and free choice.

Therefore, he argued that the provisions of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, would be inapplicable to this case. The petition sought a direction to the authorities to produce the women before the Court and set them at liberty if it was found that they were under illegal detention.

Having heard the plea, the Court prima facie observed that being major, the corpus are competent to take independent decisions concerning their faith, marriage, residence and future course of life.

It further noted that the pleadings disclose that they voluntarily renounced Hinduism, embraced Islam and expressed a desire to solemnize marriage according to their own wishes.

The Court observed:

"If these assertions are ultimately found to be correct, any interference by respondent No.4 or any other person in the exercise of such personal choices would amount to an unwarranted encroachment upon their constitutionally protected rights to dignity, privacy, personal liberty, and decisional autonomy."

In such circumstances, the Court said, it was its foremost duty to ascertain whether the corpus are acting of their own free will or are under any form of illegal detention or restraint

Therefore, to interact with them directly and satisfy itself regarding the voluntariness of their decisions and the legality of their present custody, the bench sought their production on August 6.

Justice Jain has directed the State authorities and the women's father to ensure their production.

"In the event the corpus is not produced on the aforesaid date, respondent Nos.2 & 3 file their personal affidavit explaining the reasons for such non-compliance. The affidavits shall specifically disclose the bona fide, diligent, and effective steps undertaken by them to secure the production of the corpus in faithful compliance with this order and shall further indicate the additional measures proposed to be adopted to ensure his production before this Court", the bench further observed.