Women confined by family after converting to Islam; Allahabad HC orders release, imposes fine

The Allahabad High Court has ordered the release of two adult women who were allegedly confined by their parents for nearly five years after converting from Hinduism to Islam, ruling that their personal liberty cannot be restricted because of their religious beliefs.

A single bench of Justice Sandeep Jain directed that the women be released immediately and ordered the police not to interfere in their lives or personal decisions. The court also imposed a penalty of ₹25 lakh, to be jointly borne by the parents and the Uttar Pradesh government, over the alleged illegal confinement, Maktoob Media reported.

The order was passed while hearing a habeas corpus petition filed on behalf of the women, who claimed they had been held against their will by their family for about five years after embracing Islam.

The court placed the women's constitutional rights, including personal liberty, freedom of conscience, and the freedom to choose their religion, at the centre of its ruling.

During an earlier hearing on July 31, the court had directed that both women be produced before it, observing that an adult woman's decision to convert to Islam or marry is protected under the Constitution, provided it is made voluntarily and without coercion or fraud.

Advocate Syed Kaif Hasan, who appeared for the women along with Advocate Kunwar Sultan Ali, said the judgment reaffirmed that an adult woman's liberty cannot depend on her family's approval of her religious choices. He added that the court's intervention was significant because the women had allegedly been deprived of their freedom for years despite being adults capable of making their own decisions.

Hasan further said the court had instructed the police not to interfere with the women, thereby safeguarding their freedom to live according to their own choices. He also noted that the ruling was consistent with a series of Supreme Court judgments recognising an adult's right to make decisions about faith and other personal matters.

According to the petition, the women had been confined by their family after deciding to convert to Islam, prompting them to seek relief through a habeas corpus petition before the High Court.

The ruling reinforces constitutional protections against the unlawful deprivation of liberty, even when such restrictions are imposed by family members. It also aligns with previous Supreme Court and High Court decisions emphasizing that constitutional courts must protect the autonomy and liberty of consenting adults from familial or societal pressure.

The Allahabad High Court has previously held that the right to life and personal liberty under Article 21 includes the freedom to choose how and with whom one wishes to live. In a 2020 judgment, it also ruled that the right to live with a person of one's choice, irrespective of religion, is an integral part of the fundamental right to life and personal liberty.