The Allahabad high court has directed the state authorities and the father of two adult sisters to ensure their production before the court on August 6 after allegations that the two women had been illegally confined by their father after they voluntarily renounced Hinduism to embrace Islam and decided to marry men of their choice, while observing that being major, the two women are competent to take independent decisions concerning their faith, marriage, residence and future course of life.
The court observed that any such interference by anyone, including their father, would amount to an unwarranted encroachment upon their constitutionally protected rights to dignity, privacy and personal liberty.
Justice Sandeep Jain passed the order on July 30 (Thursday) in a habeas corpus petition filed on behalf of Divya Bhatia alias Zoya Diya Bhatia, 20, and Anshu Bhatia alias Amina Anshu Bhatia, 35.
As per the petition, the women chose to act against their father’s wishes by converting to Islam and deciding to marry persons of their own choice belonging to another faith. Their father, in connivance with local police authorities, illegally confined and restrained them, it alleged.
“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.
The court also said it was its foremost duty to ascertain whether the two women are acting of their own free will or are under any form of illegal detention or restraint. The petition sought a direction to the authorities to produce the women before the court and set them at liberty if it was found that they were under illegal detention.
{{/usCountry}}The court also said it was its foremost duty to ascertain whether the two women are acting of their own free will or are under any form of illegal detention or restraint. The petition sought a direction to the authorities to produce the women before the court and set them at liberty if it was found that they were under illegal detention.
{{/usCountry}}It further noted that the pleadings disclose that they voluntarily renounced Hinduism, embraced Islam and expressed a desire to solemnise marriage according to their own wishes.
Therefore, to interact with them directly and satisfy itself regarding the voluntariness of their decisions and the legality of their present custody, the bench sought their production on August 6.
“In the event the corpus is not produced on the aforesaid date, respondent Nos.2 & 3 (police officers) file their personal affidavit explaining the reasons for such non-compliance. The affidavits shall specifically disclose the bona fide, diligent, and effective steps undertaken by them to secure the production of the corpus in faithful compliance with this order and shall further indicate the additional measures proposed to be adopted to ensure his production before this Court”, the court said while directing to list the case for next hearing on August 6.