The Allahabad High Court has declared the confinement of two adult sisters by their father 'wholly illegal' after they embraced Islam, ordering a combined compensation of ₹25 lakh from the father and the UP government.
Key Takeaways
- Allahabad HC ordered the immediate release of two adult sisters confined by their father.
- The court imposed a ₹25 lakh joint compensation on the father and the UP government.
- Ruled that parental authority cannot override the constitutional rights of adult children.
- Rejected the state's claim that the conversion was part of a conspiracy against national sovereignty.
The Allahabad High Court has delivered a landmark judgment emphasizing that the Constitution of India does not grant parents the authority to incarcerate their adult children based on disapproval of their faith. The case involved two sisters from Agra, aged 35 and 20, who were allegedly held captive for a year after converting to Islam.
The legal battle intensified after the Agra police traced the women to Kolkata last year. While the police arrested several individuals from the Muslim community on charges of abduction and forced marriage, the two women were handed over to their father. The sisters later alleged that they were subjected to physical restraint and mental harassment to force them back to Hinduism, while their passports and educational degrees were seized.
Why This Matters
BozokMedia analysis shows that this ruling reinforces the inviolability of individual liberty. By penalizing both the father and the state, the court has signaled that state machinery cannot be used as a tool for private familial coercion under the guise of investigating 'unlawful conversion'.
"Constitutional rights cannot be eclipsed by parental authority, social morality or majoritarian sentiment."
During the proceedings, the Additional Advocate General argued that the conversion was part of an organized conspiracy involving foreign entities to disturb the social fabric of India. However, Justice Sandeep Jain dismissed these claims as speculative, questioning how the personal faith choices of two adult women could threaten the sovereignty of the nation.
Frequently Asked Questions
Q1: Why was the UP government ordered to pay compensation?
The court found the state's conduct disturbing, as the police handed the women back to their captor despite their adult status and rights.
Q2: What was the court's view on the 'national security' argument?
The court found the government's claims regarding a conspiracy against national integrity to be unsupported by cogent material and entirely speculative.