The Allahabad High Court on Wednesday held that an adult cannot be restrained by his family merely because they disagree with his choice of religion or life partner, allowing 31-year-old Ayush Malik, who said he had voluntarily converted to Islam, to live wherever and with whomever he chooses.
Justice Sandeep Jain passed the order after Malik, a Bachelor of Pharmacy graduate from Shamli, was produced before the court in a habeas corpus petition alleging that he was being illegally confined by his family following his conversion. Malik told the court that he had embraced Islam voluntarily in 2014 and that his decision was not influenced by any threat, coercion, inducement or undue pressure.
Court notes Malik's statement
The court noted that there was no material before it to doubt Malik's statement. It said he had attained majority and was competent to make decisions concerning his faith, residence and matrimonial relationship.
Malik, who had changed his name to Mohammad Ali, also told the court that he wished to marry Chandni Qureshi, a Muslim woman, and intended to solemnise their marriage. He alleged that he had been threatened and unlawfully confined at his family home since June 4.
His father, Devraj Singh Malik, however, claimed that his son had been influenced or “brainwashed” and had not converted voluntarily.
Court cites constitutional autonomy
The court said parental concerns for an adult's welfare could not override his constitutionally protected autonomy. It observed that an adult is ordinarily entitled to determine his faith according to his conscience and that the choice of a life partner is part of the right to life and personal liberty under Article 21.
The court accordingly set Malik at liberty to reside at a place of his choice, practise the religion of his choice and take a decision regarding his marriage in accordance with law.
The case also relates to the arrest of Chandni Qureshi and her father under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, following a case registered by Shamli Police.
