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 Uttar Pradesh authorities to produce two sisters before it on August 6 to determine whether they are acting of their own free will.
Justice Sandeep Jain made the observation 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). The petition alleged that the two women were being illegally confined by their father after renouncing Hinduism, embracing Islam and deciding to marry men of their choice.
The court noted that both women are adults and, therefore, competent to take independent decisions regarding their religion, marriage, residence and future course of life.
"If these assertions are ultimately found to be correct, any interference by the 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.
At the same time, the bench clarified that its immediate concern was to ascertain whether the women were acting voluntarily or were under any form of illegal detention or restraint.
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 the father, in connivance with local police authorities, had illegally confined and restrained them.
Observing that the pleadings indicated the women had voluntarily renounced Hinduism, embraced Islam and expressed a desire to solemnise marriages according to their own wishes, the court directed the state authorities and the women's father to ensure that they are produced before the bench on August 6.
The court said it would interact with the women personally to satisfy itself about the voluntariness of their decisions and the legality of their present custody before passing any further orders.
It also 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. The affidavits should detail the steps taken to secure the women's production and outline additional measures proposed to ensure compliance with the court's order.
The matter has been listed for further hearing on August 6.
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