Allahabad HC sets man who voluntarily converted to Islam free from his Hindu family’s custody

The court said there was ‘no lawful justification’ for Ayush Malik’s continued restraint, and allowed him to live at a place of his choice.

The Allahabad High Court on Wednesday ruled that a 31-year-old man who converted to Islam from Hinduism cannot be restrained by his birth family and upheld his freedom to choose his religion, Bar and Bench reported.

Justice Sandeep Jain noted that Ayush Malik had “voluntarily embraced Islam and that such decision was neither induced nor occasioned by any threat, coercion, undue influence or pressure”.

Jain said that there was “no lawful justification” for his continued restraint and allowed him to reside at a place of his choice.

“He is, therefore, set at liberty to reside at such place as he may choose and with such person as he may, of his own free will, choose to reside with,” the court said.

The court made the observations while dismissing a habeas corpus petition filed by Malik’s friend, PTI reported.

A habeas corpus is a petition through which courts can order the authorities to bring a person before it to verify if they have been detained.

The petition highlighted that after conversion, Malik married a Muslim woman against the wishes of his family, prompting Malik’s father to file a first information report under the 2021 Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act.

The High Court held that an adult’s choice of whom to marry is a “matter of individual autonomy”, Bar and Bench reported.

The court said the allegation of detention and the involvement of the state authorities were “serious in nature” and warranted immediate consideration.

Edited by Tanya Shrivastava.