The Allahabad High Court has set Ayush Malik, a 31-year-old man from Shamli who said he had voluntarily converted to Islam, at liberty to live at a place of his choice, observing that an adult’s decisions regarding faith, residence and marriage cannot be overridden by family objections.
Justice Sandeep Jain passed the order on Wednesday while hearing a habeas corpus petition alleging that Malik, who changed his name to Mohammad Ali, was being illegally confined by his family following his religious conversion.
The court said Malik had categorically stated that he embraced Islam voluntarily and that his decision was not influenced by any threat, coercion, undue influence or pressure.
“Nothing has been brought on record which may persuade this Court to disbelieve the statement made by the corpus in the course of his interaction with the Court,” the Bench observed.
The court said there was no lawful justification for continuing any restraint on Malik’s personal liberty after he expressed his wishes before it.
It directed that he be allowed to reside wherever and with whomever he chose, profess and practise the religion of his choice, and take an appropriate decision regarding his matrimonial relationship in accordance with law.
Father opposed conversion
The court was informed that Malik had embraced Islam in 2014 and had been following the essential practices of the faith. He told the Bench that his decision was not acceptable to his parents and other family members.
Malik also expressed his intention to marry Chandni Qureshi, a Muslim woman, and alleged that he had been subjected to threats and unlawful confinement at his home since June 4.
His father, Devraj Singh Malik, disputed his son’s account, claiming that he had been influenced or brainwashed by certain persons and had not converted voluntarily.
The court noted that the father’s concern for his son’s welfare was understandable but said it could not override the constitutionally protected autonomy of an adult capable of making decisions about his own life.
Court cites individual autonomy
The Bench said a person who has attained majority is ordinarily entitled to determine their faith according to their 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,” it observed.
The court also said the right to choose a person with whom one wishes to establish a matrimonial relationship is an integral part of the right to life and personal liberty guaranteed under Article 21 of the Constitution.
It added that the mere fact that an adult’s choice may go against the wishes or expectations of family members cannot, by itself, provide a legitimate basis for restricting that choice.
“Once an adult person has unequivocally expressed his free will and choice before the Court, such choice is ordinarily entitled to be respected,” the Bench said.
Background of the case
The court had on September 9 directed authorities in Uttar Pradesh to produce Malik before it.
His conversion had earlier led to the arrest of Chandni Qureshi and her father under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, in a case registered by Shamli police.
Malik had previously told the media that he converted voluntarily. His father, a businessman, had alleged that the woman and her family coerced him in an attempt to gain control over their property. Malik had reportedly later returned to Hinduism.
The latest habeas corpus petition, however, alleged that he was being illegally confined by his family.
The court said that in exercising its jurisdiction under Article 226 of the Constitution, it was not required to substitute its own perception of what would be beneficial for the considered choice of an adult.
It accordingly set Malik at liberty to make decisions concerning his residence, faith and matrimonial relationship.
