No one can ‘interfere’ if 2 women ‘voluntarily’ embrace Islam: Allahabad High Court 

‘Embraced Islam on their own’

The women claimed that being adults of sound mind, they voluntarily renounced the Hindu faith and embraced Islam without any coercion, inducement or undue influence. They further submitted that they have also decided to get married as per their own wishes, which is a constitutionally protected right flowing from their personal liberty and autonomy. 

The women’s counsels, advocates Ali Bin Saif and Dinesh Kumar Yadav, argued that their father was aggrieved by their independent decisions and lodged a false and malicious FIR dated May 4, 2025 under Section 87 of the Bharatiya Nyaya Sanhita (BNS), which deals with punishment for kidnapping, abducting or inducing women to compel her into marriage.

Justice Sandeep Jain clarified that it is the court’s first duty to ensure whether the persons in question are acting of their own free will or are under any form of illegal detention.

The complaint, they argued, was lodged with the sole aim of preventing the exercise of their lawful rights and compelling these women to act against their wishes. It was also alleged that the father, in connivance with the local police, illegally confined them and restricted their freedom. 

The counsel stated that since the women’s conversion was voluntary, the provisions of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, are not attracted. There are no allegations or material placed on record to suggest that the conversion was brought about by force, misrepresentation, undue influence, coercion, allurement, or fraudulent means, it was added. 

‘First duty to ensure free will’

The high court noted that both the women are adults, who are legally competent to make independent decisions concerning their faith, marriage, residence and future course of life. It further observed that they voluntarily embraced Islam and expressed the desire to marry according to their wishes.

The court clarified that it is its first duty to ensure whether the persons in question are acting of their own free will or are under any form of illegal detention or restraint. It held that the women’s presence was imperative for the court to interact with them directly and determine if their decisions were voluntary and whether they were being held legally. 

It directed the state and the father to ensure that the women are present before the court on August 6 and directed the state to issue a notice to their father as well. These steps must be taken within three days. It also ordered that if the women are not produced on the scheduled date, the police should file their personal affidavits explaining the reasons for the non-compliance, the steps taken to secure the women’s production, and the additional measures proposed to ensure their production before the court.

“The affidavits shall specifically disclose the bona fide, diligent, and effective steps undertaken by them to secure the production of the (women) in faithful compliance with this order and shall further indicate the additional measures proposed to be adopted to ensure production before this court,” Justice Jain added.