Allahabad HC sets man free, says he is at liberty to practice any religion

Justice Sandeep Jain observed that a person who has attained majority is ordinarily entitled to determine his faith according to his own conscience

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.

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.

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.

The petition alleged that the major son was detained by his father after his decision to convert to Islam and marry a Muslim woman.

'…entitled to determine his faith'

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. Such a choice, being an expression of individual autonomy and freedom of conscience, cannot be displaced merely because it is not acceptable to his family members. 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.”

“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. 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.

On September 9, the high court had directed the father to produce Ayush before the court on September 16.

Ayush was produced before the high court by the Shamli police on Wednesday. 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. They were later released on bail by the sessions court, Shamli.

Ayush said he had been kept under illegal confinement from June 4, 2026. He told the court that had independently chosen to profess and practise Islam. Ayush’s father disputed his son’s allegations. He told the court that Ayush had been influenced or “brainwashed” and had not voluntarily embraced Islam. 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. 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.

The high court observed: “His categorical statement before the Court is that he has voluntarily embraced Islam and that such decision was neither induced nor occasioned by any threat, coercion, undue influence or pressure. Nothing has been brought on record which may persuade this Court to disbelieve the statement made by the corpus in the course of his interaction with the Court”.

The court acknowledged that the father’s concern regarding his son’s welfare was understandable, but held that such concern could not override the constitutionally protected autonomy of an adult competent to take decisions concerning his faith, residence and choice of life partner.