Allahabad High Court Orders Production of Two Hindu Women Who Converted to Islam, Chose Muslim Partners

The Allahabad High Court has sought the production of two adult Hindu women who are alleged to have been illegally confined after converting to Islam and choosing their life partners, saying it must first satisfy itself whether they are acting of their own free will.

Court also observed that any interference with such choices, if voluntary, would violate their constitutionally protected rights to dignity, privacy, personal liberty and decisional autonomy.

The petition was filed by three persons seeking a writ of habeas corpus for the production of the two women. According to the plea, both women were majors, aged about 20 and 35 years, and had voluntarily renounced Hinduism and embraced Islam without any coercion, inducement or undue influence.

It was further submitted that they had independently decided to solemnise their marriages according to their own wishes, a choice the petitioners said was protected under the Constitution. 

The petition alleged that the women's father, unhappy with their decision to change their faith and marry persons belonging to another religion, lodged an FIR under Section 87 of the Bharatiya Nyaya Sanhita (BNS) [corresponding to Section 366 of the Indian Penal Code (IPC)], at Sadar Bazar police station in Agra to frustrate the exercise of their lawful rights.

It was also alleged that, acting in connivance with local police authorities, he had illegally confined the women and restrained their liberty.  

Appearing for the petitioners, counsel argued that the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, was not attracted to the facts of the case as there was no allegation or material to suggest that the conversions were brought about by force, coercion, misrepresentation, undue influence, allurement or fraudulent means. The conversions, it was submitted, were the result of the women's independent exercise of conscience and free choice. 

What did the high court say about the rights of adult women?

Examining the averments in the petition, Justice Sandeep Jain observed that, prima facie, both women appeared to be majors who were legally competent to take independent decisions concerning their faith, marriage, residence and future course of life.

Court noted that the pleadings disclosed that they had voluntarily embraced Islam and expressed their desire to solemnise marriages according to their own wishes.

Court observed that if these assertions were ultimately found to be correct, any interference by their father or any other person in the exercise of such personal choices would amount to an unwarranted encroachment upon their constitutionally protected rights to dignity, privacy, personal liberty and decisional autonomy. 

Why did the court order their production?

The high court said that the foremost duty of a court in a habeas corpus petition is to ascertain whether the persons concerned are acting of their own free will or are under any form of illegal detention or restraint. It said that producing the women before the court was imperative so that it could interact with them directly and satisfy itself regarding the voluntariness of their decisions as well as the legality of their present custody. 

Accordingly, court directed the State authorities as well as the women's father to ensure their production before it on August 6. Notice was also issued to the father. 

Court further directed that if the women were not produced on the next date of hearing, the concerned police authorities would have to file personal affidavits explaining the reasons for such non-compliance.

The affidavits, it said, must disclose the bona fide, diligent and effective steps taken to secure the women's production and indicate the additional measures proposed to ensure compliance with the court's order.

The matter has been listed for further hearing on August 6. 

Case Title: Kunwar Sultan Ali and 2 Others v. State of U.P. and 3 Others

Order Date: July 30, 2026

Bench: Justice Sandeep Jain