The Court observed that an assumption of non-compliance with the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 cannot authorise the continued confinement of two adult women by their father against their wishes.
“No material has been placed before this Court to demonstrate that the voluntary exercise of religious choice by the corpus, by itself, constitutes a threat to the sovereignty, integrity or security of the country. Mere apprehensions, however serious they may appear, cannot substitute legally admissible material while adjudicating upon the fundamental rights of citizens,” the Bench said.
It noted that the women have categorically stated that they embraced Islam voluntarily, out of their own free will, in pursuit of spiritual satisfaction, peace of mind and freedom of conscience.
There is nothing on record to indicate that they were acting under coercion, undue influence, fraud, allurement or any other vitiating circumstance, it added.
“Being major women, the corpus possess an inviolable constitutional right to determine the course of their own lives. Such decisional autonomy necessarily encompasses the right to choose their faith, determine their place of residence and decide with whom they wish to reside. These freedoms constitute integral facets of the right to life and personal liberty under Article 21 and the freedom of conscience guaranteed under Article 25 of the Constitution of India,” the Court said.