The Allahabad High Court has observed that no one can interfere with the voluntary decision of adult women to embrace Islam, marry persons of their choice or decide their future, while directing the Uttar Pradesh authorities and the father of two sisters to ensure that they are produced before the court on August 6.
Justice Sandeep Jain made the observations while hearing a habeas corpus petition filed on behalf of Divya Bhatia alias Zoya Diya Bhatia (20) and Anshu Bhatia alias Amina Anshu Bhatia (35), who alleged that they were being illegally confined by their father after renouncing Hinduism, embracing Islam and deciding to marry men of their choice.
The court noted that the women are adults and are, therefore, competent to take independent decisions regarding their faith, marriage, residence and future course of life.
“If these assertions are ultimately found to be correct, any interference by respondent No.4 (father) 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,” the court observed.
According to the petition, the sisters converted to Islam and decided to marry persons belonging to another faith against their father’s wishes. It alleged that their father, in connivance with local police authorities, illegally confined and restrained them.
The high court, however, said its foremost duty was to ascertain whether the two women were acting of their own free will or were under any form of illegal detention or restraint.
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‘Voluntarily renounced Hinduism’
The bench observed that the pleadings indicated the women had voluntarily renounced Hinduism, embraced Islam and expressed a desire to solemnise marriage according to their own wishes.
It directed the authorities to produce them before the court on August 6 so it could interact with them directly and satisfy itself about the voluntariness of their decisions and the legality of their present custody.
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The court further directed that if the women are not produced on the scheduled date, the concerned police officers must file personal affidavits explaining the reasons for non-compliance, detailing the steps taken to secure their production and the additional measures proposed to ensure compliance.
The matter has been listed for further hearing on August 6.
(With inputs from JItendra Sarin)
