Prayagraj: The Allahabad high court has directed the father of two adult sisters and the Uttar Pradesh government to jointly pay Rs 25 lakh compensation after holding that the women were illegally confined at their parental home following their decision to convert from Hinduism to Islam.Justice Sandeep Jain passed the order while allowing a habeas corpus petition filed in connection with Diya Bhatia alias Zoya Diya Bhatia (20) and Anshu Bhatia alias Amina Anshu Bhatia (35).The two women told the court that they had voluntarily embraced Islam, Anshu in 2020 and Diya in 2021, out of faith, conscience and spiritual conviction. They stated that their decisions were not the result of force, fraud, coercion, undue influence, inducement or allurement. They alleged that their father subsequently confined them at the family home against their wishes because of their conversion.After interacting with the sisters, the court recorded that their responses were “spontaneous, coherent and unequivocal” and found no indication that either was acting under coercion, fear or undue influence. Observing that both women were majors and legally competent to make decisions concerning their lives, the court said constitutional protections extend to choices relating to faith, belief, residence and association.“Once an individual attains majority, the Constitution recognizes her autonomy to take decisions relating to faith, belief, residence, association and every other facet of personal liberty, subject only to restrictions sanctioned by law,” the court observed.Referring to Article 25 of the Constitution, the court held that freedom of conscience includes the right of a competent adult to adopt, renounce or change religion in accordance with personal belief and conviction. Such a choice, it said, forms an essential facet of individual autonomy, dignity and personal liberty protected under Articles 21 and 25.The state opposed the plea, citing an FIR lodged by the women’s father alleging forcible and deceitful conversion. The case was initially registered under Section 87 of the Bharatiya Nyaya Sanhita, with additional BNS provisions and sections of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, added during investigation. The state argued that the alleged conversion was part of a larger organised conspiracy and that releasing the women could affect the ongoing probe.The high court, however, held that the legality of the conversion and the legality of the women’s confinement were separate issues. It clarified that the investigation would continue in accordance with law and would remain unaffected by its observations in the habeas corpus proceedings.The court found that the sisters had been unlawfully confined and prevented from exercising their independent choice because they had embraced a different faith. Justice Jain observed that parental authority must yield to constitutional liberty once a person attains majority.“Any restraint upon the movement or liberty of such person, except lawful authority, would constitute illegal confinement and amount to a direct infringement of the fundamental rights guaranteed by the Constitution,” the court said.Holding that the detention was wholly illegal and without any sanction of law, the court said it was duty-bound to restore the women’s liberty.In its 22-page order dated August 6, the court also criticised the state machinery for failing to protect the women’s freedom. It observed that instead of securing their release, the state had allowed the illegal detention to continue under the cover of criminal proceedings and had, through acts of omission and commission, “lent tacit support” to the deprivation of their fundamental rights.Calling it an “exceptionally grave and egregious violation of constitutional rights”, the court held that the case warranted exemplary constitutional compensation.“The Constitution does not confer upon parents a licence to incarcerate their major children merely because they disapprove of their faith, beliefs or personal choices. Constitutional rights cannot be eclipsed by parental authority, social morality or majoritarian sentiment,” it observed.The court declared that both women were free to reside wherever and with whomever they chose, without interference from their father, the state or any other person. It directed the father and the state government to pay Rs 25 lakh compensation jointly and severally within eight weeks.The father was restrained from interfering in their personal liberty, movement, residence, profession or religious choices, and was directed to hand over their passports, educational certificates, identity documents, bank records, conversion-related documents and other belongings within seven days.The state authorities were instructed to ensure that no interference was caused in the women’s peaceful life and liberty and to provide protection if required.The court clarified that its observations were confined to the issue of illegal detention and did not amount to any finding on the merits of the criminal case or the legality of the alleged religious conversion.
