HC orders father, govt to pay Rs 25 lakh compensation to two Bhatia sisters who converted to Islam, says they are free to live with anyone

The Allahabad High Court has directed the father of two adult sisters and the Uttar Pradesh government to jointly pay Rs 25 lakh compensation after finding that the women were illegally confined at their parental home following their decision to convert to Islam. The court said both women, being adults, had the constitutional right to decide their faith, residence and other personal matters, a PTI report stated.

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Justice Sandeep Jain passed the order while hearing a habeas corpus petition concerning Diya Bhatia @ Zoya Diya Bhatia, 20, and Anshu Bhatia @ Amina Anshu Bhatia, 35.

Sisters told court they converted voluntarily

During the proceedings, the two women told the court that they had embraced Islam voluntarily. Anshu said she converted in 2020, while Diya said she converted in 2021.

They told the court that their decisions were based on their own faith, conscience, mental peace and spiritual solace. Both women categorically denied that their conversion was the result of force, fraud, coercion, undue influence, inducement or allurement.

According to their statements, their father later confined them at the family home against their wishes because they had changed their faith.

The court interacted with both women before reaching its conclusion. It recorded that their responses were "spontaneous, coherent and unequivocal" and found no indication that either woman was acting under coercion, fear, inducement or undue influence.

Court says adults can decide their faith

The High Court held that both women, having attained majority, had full legal capacity to take decisions concerning their own lives.

The court observed, "Once an individual attains majority, the Constitution recognises her autonomy to take decisions relating to faith, belief, residence, association and every other facet of personal liberty, subject only to restrictions sanctioned by law".

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The court said the right to make such a personal choice forms part of individual autonomy, dignity and personal liberty. It said these rights are protected under Article 21, which guarantees the right to life and personal liberty, and Article 25, which provides freedom of religion.

The court also made it clear that neither the family nor the state can ordinarily interfere in such a personal decision unless there is a constitutionally permissible restriction or legal authority.

State opposed petition citing conversion case

The Uttar Pradesh government opposed the habeas corpus petition by referring to an FIR filed by the women's father.

The FIR alleged that the sisters had been forcibly and deceitfully converted from Hinduism to Islam. It was initially registered under Section 87 of the Bharatiya Nyaya Sanhita.

During the investigation, additional provisions of the BNS were added along with Sections 3/5(1) and 5(2) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

The state argued that the alleged conversion was part of a larger organised conspiracy and had implications for the "sovereignty, integrity and unity of the nation". It also argued that releasing the women could affect the ongoing investigation.

The High Court, however, clarified that the investigation into the FIR would continue according to law and would not be affected by the observations made in the habeas corpus proceedings.

Court finds women were illegally confined

The High Court specifically concluded that the two women had been unwillingly confined at their parental home and prevented from exercising their independent choice because they had adopted a different faith.

Justice Jain said that once a person becomes an adult, parental authority must give way to constitutional liberty and individual autonomy.

"Any restraint upon the movement or liberty of such person, except lawful authority, would constitute illegal confinement and amount to a direct infringement of the fundamental rights guaranteed by the Constitution,"

The court held that the sisters' detention was wholly illegal and had no sanction of law. It said the court had a duty to restore their liberty.

State also held responsible

In its 22-page order dated August 6, the court also criticised the state machinery for failing to protect the women's liberty.

The court said that instead of ensuring their release, the state had allowed the alleged illegal detention to continue under the cover of criminal proceedings. It said the authorities had, through their acts of omission and commission, "lent tacit support to the continued deprivation of the fundamental rights" of the women.

The High Court described the matter as an "exceptionally grave and egregious violation of constitutional rights" and said the circumstances justified exemplary constitutional compensation.

Sisters free to live with anyone of their choice

The court ruled that both women were free to live at any place and with any person of their choice. Their father, the state or any other person cannot interfere with that choice.

The father and the Uttar Pradesh government were held jointly and severally responsible for paying Rs 25 lakh in compensation. The amount will be divided equally between them and must be paid within eight weeks.

(Source: PTI)