The Allahabad High Court (HC) has recently ruled that no person can interfere with the voluntary decisions of adult women regarding their choice of religion, marriage or future, underlining that such choices are protected under the constitutional right to personal liberty. 

Justice Sandeep Jain of the Allahabad HC delivered the verdict while hearing a habeas corpus petition filed on behalf of two sisters, Divya Bhatia alias Zoya Diya Bhatia (20) and Anshu Bhatia alias Amina Anshu Bhatia (35), who alleged that they were illegally being confined by their father after they got converted to Islam and deciding to marry men of their choice. 

The HC directed the authorities concerned in Uttar Pradesh and the father of the female duo to ensure their presence before the bench on August 6 so that their statements could be recorded and their wishes could be independently verified too. 

HC underscores right to personal choice

While the case was being heard, the HC observed that both women are adults and are legally competent to make independent decisions concerning their marriage, faith, place of residence and future course of life. The bench remarked, “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.” 

However, the bench also clarified that its immediate responsibility was not to decide the validity of the allegations but to determine whether the women were acting voluntarily or were under any form of illegal detention or restraint. 

Sisters allegedly converted to Islam against father’s wishes

As per the petition, the two sisters voluntarily renounced Hinduism, embraced Islam and expressed their desire to marry men belonging to another faith. The plea alleged that the father of the sisters, allegedly in coordination with local police officials, had unlawfully confined and had restricted their movement. 

The petitioners sought the intervention of the judiciary, claiming that their fundamental rights were being violated due to their father’s opposition to their personal decision. The HC observed that the material placed before it indicated that the women had expressed their willingness to follow Islam and solemnise marriages according to their own choices. 

HC seeks direct interaction with women

In order to ascertain whether the decisions were made freely and without any coercion, the HC ordered that the duo be produced before it on August 6, 2026. The bench said it wanted to interact with them directly to verify the voluntariness of their choices and examine the legality of their present custody. 

Furthermore, the court ruled that if the women are not produced on the scheduled date, the police officials concerned would have to submit personal affidavits explaining the reasons behind the non-compliance. As per the court’s orders, the affidavits must also mention the steps taken by authorities to secure the women’s presence before the court and outline further measures proposed to ensure compliance with the order. 

The case will next be heard on August 6, when the court is expected to examine the statements of both the women and determine the next course of action.