The Allahabad High Court has observed that two adult sisters are entitled to make independent decisions about their faith, marriage, residence and future, while hearing a habeas corpus petition alleging they were illegally confined by their father after converting to Islam. The court directed that the women be produced before it on August 6 so it can determine whether they are acting of their own free will or are being unlawfully restrained. The petition also alleges the father acted in connivance with local police authorities.
Court Seeks Direct Interaction
Justice Sandeep Jain passed the order on a petition filed on behalf of Divya Bhatia alias Zoya Diya Bhatia and Anshu Bhatia alias Amina Anshu Bhatia.
According to the plea, both women voluntarily renounced Hinduism, embraced Islam and decided to marry partners of their choice from another faith. It claims their father opposed their decisions and, with the assistance of local police, illegally confined them and prevented them from exercising their personal liberty.
The petition requested the court to direct the authorities to produce the women and release them if it was found that they were being unlawfully detained.
Rights Under Constitution
While hearing the matter, the High Court made a prima facie observation that, being adults, the sisters are competent to take independent decisions concerning their religion, marriage, place of residence and future course of life.
The court further observed that if the allegations in the petition are ultimately found to be true, any interference by the father or any other person in the women's personal choices would amount to an unwarranted encroachment on their constitutionally protected rights to dignity, privacy, personal liberty and decisional autonomy.
The bench said its foremost responsibility was to ascertain whether the women were acting voluntarily or were under any form of illegal detention or restraint. To satisfy itself about the voluntariness of their decisions and the legality of their present custody, the court directed that both sisters be produced before it on August 6, when it will interact with them directly before proceeding further.
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