HC sets at liberty man after he says 'embraced Islam voluntarily'
PRAYAGRAJ, Sept. 17 -- The Allahabad high court on Wednesday set at liberty a 31-year-old man, Ayush Malik, after he told the court that he had voluntarily embraced Islam and alleged that his father subjected him to threats and unlawful confinement on the issue.
Disposing of a habeas corpus petition after Ayush was produced before the high court, Justice Sandeep Jain observed that a person who has attained majority is ordinarily entitled to determine his faith according to his own conscience.
The court also said he shall also be at liberty to profess and practise the religion of his choice and to take an appropriate decision regarding his matrimonial relationship in accordance with law. The petition alleged that the major son was detained by his father after his decision to convert to Islam and marry a Muslim woman.
Taking Ayush's statement on record, Justice Sandeep Jain said the person concerned is a major and what he is doing as per his own wishes and is free to do so.
The high court said, "A person who has attained majority is ordinarily entitled to determine his faith according to his own conscience. Such a choice, being an expression of individual autonomy and freedom of conscience, cannot be displaced merely because it is not acceptable to his family members. Likewise, the right to choose a person with whom one wishes to establish a matrimonial relationship forms an integral facet of the right to life and personal liberty guaranteed under Article 21 (right to life and personal liberty) of the Constitution."
"The choice of an adult as to whom he or she wishes to marry or with whom he or she wishes to establish a relationship is a matter of individual autonomy. The mere fact that such choice may be contrary to the wishes or expectations of the family cannot, by itself, furnish a legitimate basis for curtailing such choice," the high court said.
On September 9, the high court had directed the father to produce Ayush before the court on September 16 to ascertain whether the allegations made in the writ petition are correct or not.
Ayush was produced before the high court by the Shamli police on Wednesday. He categorically stated that he had embraced Islam voluntarily and was willing to get married to a Muslim woman, but his father did not like his decision and filed an FIR against the woman and her father under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.
They were later released on bail by the sessions court, Shamli. Ayush said he had been kept under illegal confinement from June 4, 2026. He categorically told the court that he was not under any coercion, threat, undue influence or pressure and had independently chosen to profess and practice Islam.
Ayush's father disputed his son's allegations. He told the court that Ayush had been influenced or "brainwashed" and had not voluntarily embraced Islam. He stated that he was concerned about his son's welfare and therefore did not approve of his decision to embrace Islam or to solemnize marriage with Chandni Qureshi. Ayush too disputed his father's assertions and reiterated to the court that his decisions were made voluntarily, independently and after due deliberation.
After interacting with both Ayush Malik and his father, the court noted that Ayush Malik had attained majority and was capable of taking decisions concerning his own life.
The high court observed: "His categorical statement before the Court is that he has voluntarily embraced Islam and that such decision was neither induced nor occasioned by any threat, coercion, undue influence or pressure."...
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.