The Allahabad high court on Wednesday set at liberty a 31-year-old man, Ayush Malik, after he told the court that he had voluntarily embraced Islam and alleged that his father subjected him to threats and unlawful confinement on the issue.
They were later released on bail by the sessions court, Shamli. Ayush’s father disputed his son’s allegations. After interacting with both Ayush Malik and his father, the court noted that Ayush had attained majority and was capable of taking decisions concerning his own life.
He stated that he had embraced Islam voluntarily and was willing to get married to a Muslim woman, but his father did not like his decision and filed an FIR against the woman and her father under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. Ayush said he had been kept under illegal confinement from June 4, 2026. He stated that he was concerned about his son’s welfare and therefore did not approve of his decision to embrace Islam or to solemnise marriage with Chandni Qureshi.
Disposing of a habeas corpus petition after Ayush was produced before the high court, Justice Sandeep Jain observed that a person who has attained majority is ordinarily entitled to determine his faith according to his own conscience. He told the court that had independently chosen to profess and practise Islam. He told the court that Ayush had been influenced or “brainwashed” and had not voluntarily embraced Islam.
Ayush was produced before the high court by the Shamli police on Wednesday.
“The choice of an adult as to whom he or she wishes to marry or with whom he or she wishes to establish a relationship is a matter of individual autonomy. On September 9, the high court had directed the father to produce Ayush before the court on September 16.
The mere fact that such choice may be contrary to the wishes or expectations of the family cannot, by itself, furnish a legitimate basis for curtailing such choice,” the high court said.
Likewise, the right to choose a person with whom one wishes to establish a matrimonial relationship forms an integral facet of the right to life and personal liberty guaranteed under Article 21 (right to life and personal liberty) of the Constitution.” Because it is not acceptable to his family members, such a choice, being an expression of individual autonomy and freedom of conscience, cannot be displaced merely.
The court also said he shall also be at liberty to profess and practise the religion of his choice and to take an appropriate decision regarding his matrimonial relationship in accordance with law. Taking Ayush’s statement on record, Justice Sandeep Jain said the person concerned is a major and what he is doing as per his own wishes and is free to do so. The high court said, “A person who has attained majority is ordinarily entitled to determine his faith according to his own conscience.
