A bench headed by Justice Sandeep Jain made the observation while hearing a petition filed by Kunwar Sultan Ali and others concerning two sisters, Diya Bhatia (20), now known as Zoya Diya Bhatia, and Anshu Bhatia (35), now known as Amina Anshu Bhatia.
The Court directed that Rs 25 lakh be paid as compensation to the two women, who alleged that their father had illegally confined them after they converted to Islam. The compensation is to be shared equally between the sisters and paid jointly by their father and the state government within eight weeks.
According to the petition, Anshu embraced Islam in 2020, while Diya converted in 2021. Both women informed the Court that they adopted the faith voluntarily. They alleged that their father confined them in their home because of their conversion.
The state opposed the plea, referring to an FIR filed by the father, who claimed the conversions were induced through force and deception. However, the Court found no evidence to support allegations that the sisters changed their religion under coercion, fear, inducement, or undue influence.
The High Court noted that once a person attains adulthood, they possess full legal capacity to make decisions about their own life, including matters of faith and belief.
Referring to Article 25 of the Constitution, the Court held that the guarantee of “freedom of conscience” includes the right of a competent adult to choose, change, or renounce a religion according to their convictions. The Court further observed that confining the women against their wishes deprived them of their freedom of choice and amounted to illegal confinement, violating their fundamental rights.
