Allahabad HC frees man confinedafter conversion, relationship with Muslim woman, cites Articles 21, 25
You don’t have any Active Subscription.
Account subscription benefits alongside Premium Stories, Editorials, Opinions and more. Unlock these with Subscription
The Allahabad High Court on Wednesday set at liberty a 31-year-old man, Ayush Malik, who had accused his father of illegally confining him after he converted to Islam and entered into a relationship with a Muslim woman, Chandni Qureshi.
Based on Mr. Ayush’s submission that he had voluntarily embraced Islam in 2014 and accepted Ms. Qureshi as his partner, the court observed that the choice of a person with whom an adult wishes to establish a matrimonial relationship forms part of the right to life and personal liberty under Article 21 of the Constitution.
It added that such choices cannot be curtailed merely because they are contrary to the wishes of family members.
Following Mr. Ayush’s conversion from Hinduism to Islam, the police in Shamli district registered a case under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 against Ms. Qureshi and her father.
The two were subsequently arrested in connection with the case and spent months in jail before being granted bail by a Shamli court on July 24.
A single-judge Bench of Justice Sandeep Jain, which was hearing a habeas corpus petition, said it was apparent from Mr. Ayush’s statements that he had attained majority and was capable of taking decisions concerning his life.
In his plea, Mohd. Sultan, claiming to be Mr. Ayush’s friend, alleged that his friend had voluntarily embraced Islam without coercion, undue influence or inducement and subsequently decided to marry Ms. Qureshi. The plea also claimed Mr. Ayush’s father, Devraj Singh Malik, had opposed the relationship.
During his interaction with the Bench on Wednesday, Mr. Ayush said he had been subjected to threats and confined illegally by his father since June 4. Mr. Devraj disputed the allegations and told the court that his son had been influenced by “certain individuals”.
After hearing both sides, the court said nothing had been brought on record to persuade it to disbelieve Mr. Ayush’s statement.
“Freedom of conscience and the right freely to profess, practise and propagate religion are guaranteed under Article 25 of the Constitution,” the court stated in its order.
Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.
We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.
