'They Are Free To Choose Faith And Partners': Allahabad HC Seeks Two Adult Sisters' Production

On Thursday, Allahabad High Court has directed Uttar Pradesh government and the father of two adult women to produce them before the court after allegations that they were being illegally confined for converting to Islam and choosing to marry men of their choice.

According to LiveLaw, Justice Sandeep Jain was hearing a habeas corpus petition filed on behalf of the two sisters, aged 20 and 35.

The petition said that both women had voluntarily renounced Hinduism and embraced Islam. It also claimed they had independently decided to marry persons of their choice.

The sisters alleged that their father opposed their decision and lodged a false FIR under Section 87 of the Bharatiya Nyaya Sanhita (BNS), which deals with kidnapping or inducing a woman to compel her marriage. They further claimed that, with the help of local police, their father had illegally confined them.

Habeas Corpus

Appearing for the petitioners, counsel argued that the conversions were voluntary and carried out without coercion, inducement or undue influence. It was submitted that the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, would therefore not apply.

The High Court observed that, prima facie, both women were adults and legally competent to make decisions regarding their faith, marriage, residence and future.

The court said that if the allegations were ultimately found to be true, any attempt by their father or any other person to interfere with such decisions would amount to an "unwarranted encroachment" on their constitutionally protected rights to dignity, privacy, personal liberty and decisional autonomy.

Justice Jain said the court must first satisfy itself that the women were acting of their own free will and were not under any form of illegal detention.

The court directed the Uttar Pradesh authorities and the women's father to produce them before it on August 6.

It also ordered the concerned state officials to file personal affidavits if the women are not produced. The affidavits must explain the reasons for non-compliance and detail the steps taken to secure their presence before the court.

The matter will next be heard on August 6.

Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021

The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 seeks to curb religious conversions carried out through force, coercion, undue influence, misrepresentation, fraud or allurement.

The law prescribes imprisonment and fines for those found guilty of unlawful conversion. Penalties are stricter when the person converted is a woman, a minor, or belongs to a Scheduled Caste (SC) or Scheduled Tribe (ST).

It also provides enhanced punishment for repeat offenders. In addition, any marriage found to have been conducted solely for the purpose of unlawful religious conversion can be declared void.

In 2024, the Uttar Pradesh Legislative Assembly passed the Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024, tightening the provisions of the 2021 law. The amendment increased penalties and broadened the scope of offences under the Act.