‘Wholly illegal’: Allahabad HC orders release of two Agra sisters ‘confined’ in home by father for embracing Islam

The Allahabad High Court has ordered the release of two Agra sisters who were allegedly confined by their father for the past year for converting to Islam. The court dismissed the contention that parents have the right to imprison their adult children merely because of disapproval of their faith. The court ruled that the liberty of an adult individual is inviolable and any attempt at suppression by force or coercion requires constitutional scrutiny, including the awarding of monetary compensation for infringement of fundamental rights.

The sisters, aged 35 and 20, were traced to Kolkata, West Bengal, last year and police arrested at least a dozen people from another community in connection with allegations of abduction and forced marriage. They were brought back to Agra after being handed over to their father, who registered a police case alleging abduction for forced marriage.

The police charged the arrested accused, who were from the Muslim community, with offenses like "endangering the sovereignty, unity and integrity of the country" under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act.

The two women, who are an M.Sc, M.Phil and Bed degrees holder and a Class 12 passout, respectively, claimed they voluntarily converted to Islam and were forcibly confined by their father in their parental home. They alleged physical restraint, intimidation, and sustained mental harassment, leading them to renounce their faith and revert to Hinduism. Their passports, educational certificates, identity documents, bank passbooks, cheque books, and conversion-related documents were taken by their father.

The court, after hearing submissions, found the state government's contention that the conversion was part of a larger conspiracy threatening the nation's sovereignty, integrity, and unity to be speculative and unsupported. The court also noted that the conduct of the women's father in forcibly confining them was a flagrant affront to the rule of law, gross and deliberate infringement of constitutional guarantees under Articles 21 and 25 of the Indian Constitution.