Prayagraj: In a significant affirmation of constitutional freedoms, the Allahabad High Court has ordered the immediate release of two adult women who were allegedly confined by their parents for nearly five years after renouncing Hinduism and embracing Islam, ruling that no family can deprive an adult of liberty because of their religious beliefs.
Justice Sandeep Jain, hearing a habeas corpus petition, held that the prolonged confinement of the women was unlawful and directed that they be released immediately. The court also imposed ₹25 lakh in compensation, to be jointly paid by the parents and the Uttar Pradesh government, and instructed the police not to interfere with the women’s lives or personal choices.
The case concerned two adult women who, according to the petition, had been held against their will by their family for almost five years after converting to Islam. The High Court placed their constitutional rights to personal liberty, freedom of conscience, and freedom of religion at the centre of its ruling, observing that these rights cannot be curtailed merely because their family disapproves of their decision.
During the previous hearing on July 31, the court had directed that both women be produced befordf ,./ remarking that “voluntary conversion to Islam and marriage by adult women are protected by constitutional rights, and no one, including their father, can interfere if there is no coercion or deception.”
Representing the women, Advocates Syed Kaif Hasan and Kunwar Sultan Ali argued that the petitioners had been illegally deprived of their freedom despite being adults fully capable of making independent decisions.
Speaking after the judgment, Hasan said the ruling reaffirmed that an adult woman’s liberty cannot be made conditional upon her family’s approval of her religious choices. He described the decision as a significant recognition of the constitutional protections available to adults whose personal choices are opposed by their families.
The court further directed the police not to interfere with the women’s future decisions, reinforcing their right to live according to their own beliefs and choices without state or familial interference.
The judgment draws upon a long line of Supreme Court and High Court precedents recognising that Article 21 of the Constitution, which guarantees the right to life and personal liberty, includes an individual’s freedom to choose their faith, partner and way of life.
The Allahabad High Court has previously held that the right to live with a person of one’s choice, irrespective of religion, is intrinsic to the right to life and personal liberty. In a landmark 2020 ruling, the court observed that the freedom of consenting adults to make decisions regarding marriage and religion is constitutionally protected and cannot be overridden by family or societal pressure.
The latest ruling reinforces that principle, underscoring that constitutional courts have a duty to protect the autonomy and liberty of adults from unlawful confinement, even when such detention is carried out by members of their own family.
