{"id":393277,"date":"2026-08-13T17:30:23","date_gmt":"2026-08-13T12:00:23","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=393277"},"modified":"2026-08-13T17:53:17","modified_gmt":"2026-08-13T12:23:17","slug":"all-hc-releases-daughters-confined-for-4-years-by-father-for-converting-to-islam","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2026\/08\/13\/all-hc-releases-daughters-confined-for-4-years-by-father-for-converting-to-islam\/","title":{"rendered":"“Exceptionally grave and egregious violation of constitutional rights”: All HC releases daughters confined by father for converting to Islam, orders 25 Lakhs compensation"},"content":{"rendered":"
\n

Disclaimer:<\/span> This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.<\/span><\/p>\n

Allahabad High Court:<\/span> In a habeas corpus petition filed against illegal detention of 2 major women by their father because they converted to Islam, the Single Judge Bench of Sandeep Jain, J., allowed the petition, holding that both daughters were unwillingly confined in their parental home and were prevented from exercising their independent choice solely because they decided to embrace a different faith, which was manifestly violative of their constitutional rights. Thus, the Court was duty-bound to restore their liberty in exercise of its extraordinary jurisdiction under Article 226<\/a> of the Constitution<\/a>. The Court further held that it was unable to discern any material warranting an inference that the daughters had acted with any oblique motive or had been reduced to mere instruments in the hands of any individual or organisation pursuing an unlawful agenda.<\/p>\n

The Court remarked,<\/p>\n

“Such unlawful deprivation of liberty has not merely curtailed their physical freedom but has inflicted upon them profound mental anguish, emotional trauma, psychological suffering, social isolation and an irreparable assault upon their dignity, autonomy and freedom of conscience, which lie at the very heart of our constitutional order.”<\/p>\n

Background<\/p>\n

The present habeas corpus writ petition was filed by the petitioners, questioning whether the corpus, who were admittedly major women, had been unlawfully deprived of their personal liberty and detained by their father in collusion and connivance with the State, against their free will.<\/p>\n

By order dated 30 July 2026, the Court directed the State to produce the 2 daughters before this Court. In compliance with the said order, they were produced before the Court.<\/p>\n

The elder daughter, a lecturer aged about 35 years, stated that she was unmarried and highly educated. She explained that in 2020, she voluntarily embraced Islam of her own free will and volition, with the sole object of attaining mental peace, spiritual fulfilment, and inner solace. She categorically asserted that her decision to embrace Islam was the product of her own conscious, independent and informed choice and was neither actuated by any inducement, influence, coercion, undue persuasion nor any extraneous consideration whatsoever. However, this conversion was contrary to the wishes of her father, Respondent 4. Her father had strongly opposed her decision and had attempted to persuade and prevail upon her to renounce the adopted faith several times, but she refused.<\/p>\n

She further disclosed that, after embracing Islam, she was forcibly confined by her father in the parental home against her expressed wishes and without her consent. She alleged that various coercive measures, including physical restraint, intimidation, and sustained mental harassment, were employed to compel her to renounce Islam and to revert to Hinduism. She was effectively deprived of her freedom of movement and was not permitted to leave the parental home or to lead her life in accordance with her own wishes and volition. She further stated that such restraint was not merely incidental or temporary in nature, but continued for a prolonged period, i.e., she remained under the unlawful and involuntary confinement of her father until she was ultimately produced before the Court pursuant to the directions issued in the present proceedings.<\/p>\n

She also stated that her and her sister’s passports, educational certificates, identity documents, bank passbooks, cheque books, conversion-related documents and other personal belongings continue to remain in the custody of their father.<\/p>\n

Also Read: The Case in which Karnataka High Court did not consider Distribution of Pamphlets about teachings of Islam outside Temple as Religious Conversion<\/a><\/p>\n

The younger daughter, a 20-year-old student, stated that she had completed her education up to the Intermediate level, and voluntarily embraced Islam in the year 2021 purely on account of her personal faith, conscience, mental peace, and spiritual solace, without any force, fraud, coercion, undue influence or allurement from any person whatsoever. She underwent the same treatment as her sister from her father, who unlawfully restrained her within the parental house against her wishes. She also alleged that she had been produced before this Court directly from the illegal custody of her father.<\/p>\n

They, therefore, submitted that, being major and competent individuals, their voluntary decision concerning their faith and religious identity cannot ordinarily be subjected to parental, societal or other extraneous control, so long as such exercise of their constitutional freedoms is not vitiated by force, fraud, coercion, undue influence, inducement or any other legally impermissible circumstance. Consequently, their father had no legal authority to confine them within the parental home or to deprive them of their liberty merely because he disapproved of their decision to embrace Islam.<\/p>\n

Analysis<\/p>\n

Scope of Habeas Corpus<\/p>\n

At the outset, the Court delved into the scope of the habeas corpus writ petition. The Court referred to State<\/span> v. H. Nilofer Nisha<\/span>, (2020) 14 SCC 161<\/a>, where the Supreme Court held that a writ of habeas corpus is available as a remedy in all cases where a person is deprived of his\/her personal liberty. It is a processual writ to secure liberty of the citizen from unlawful or unjustified detention, whether a person is detained by the State or is in private detention.<\/p>\n

The Court also referred to the case of Soni Gerry<\/span> v. Gerry Douglas<\/span>, (2018) 2 SCC 197<\/a>, wherein, while dealing with a situation where a major daughter had expressed her clear intention to reside independently of her parents, the Supreme Court held that attaining the age of majority in an individual’s life has its own significance. She\/he is entitled to make her\/his choice. The courts cannot, as long as the choice remains, assume the role of parens patriae. The daughter is entitled to enjoy her freedom as the law permits, and the court should not assume the role of a super guardian being moved by any kind of sentiment of the mother or the egotism of the father. We say so without any reservation.<\/p>\n

Furthermore, a Division Bench of the Kerala High Court in Rajmohan M.S.<\/span> v. State of Kerala<\/span>, 2009 SCC OnLine Ker 6330<\/a>, held that an adult major woman is entitled to exercise her decisional autonomy and cannot be kept in the custody or confinement of her parents against her wishes merely based on parental authority. It was observed that parental authority may extend to advice, counselling and guidance, but cannot justify restraint or detention of an adult woman against her will. The Court further held that, where the voluntariness of the alleged detenue is in doubt, an appropriate opportunity may be afforded to her for reflection; however, her ultimate choice and decisional autonomy must be respected.<\/p>\n

Detention of the daughters<\/p>\n

On the facts of the case, the Court noted that both the daughters had spontaneous, coherent and unequivocal responses. Nothing emerged during the course of such interaction to indicate that either of them was acting under coercion, fear, inducement or undue influence. They consistently asserted that they had voluntarily embraced Islam as a matter of personal faith and conscience.<\/p>\n

The Court stated that both the corpus were major daughters possessing full legal capacity to take decisions concerning their lives. Once an individual attains majority, the Constitution recognises her autonomy to take decisions relating to faith, belief, residence, association and every other facet of personal liberty, subject only to restrictions sanctioned by law.<\/p>\n

The Court added that Article 25<\/a> of the Constitution<\/a> guarantees to every individual the fundamental freedom of conscience and the right freely to profess, practise and propagate religion. The expression “freedom of conscience” necessarily encompasses the right of a competent adult to adopt, renounce or change her faith in accordance with her own free will, belief and conviction. Such a choice is an essential facet of individual autonomy, dignity and personal liberty, protected under Article 25<\/a> as well as Article 21<\/a> of the Constitution<\/a>. Neither the State nor the family can ordinarily dictate or interfere with such an intensely personal decision, except within the confines of constitutionally permissible restrictions and authority of law.<\/p>\n

Regarding the applicability of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021<\/a> (U.P. Conversion Act), the Court stated that the vires of the said Act had not been challenged in the present writ petition. Thus, the legality or validity of the alleged conversion of the daughters was not the subject-matter of adjudication in these habeas corpus proceedings. Any issue concerning compliance or non-compliance with the provisions of the U.P. Conversion Act fell within the domain of the competent authority or the court having jurisdiction to adjudicate such questions in accordance with law.<\/p>\n

Also Read: “Disturbing trend of third persons filing FIRs under U.P. Conversion Act”: Allahabad HC provides protection to inter-faith couple, seeks U.P. Home Secretary’s response<\/a><\/p>\n

The Court added that even if it was assumed, for the sake of argument, that the alleged conversion had not been conducted strictly as per the UP Conversion Act, such an assumption, by itself, would not authorise the continued confinement of 2 adult women by their father against their wishes. The Court held that the legality of the conversion and the legality of their detention constituted 2 distinct and independent issues.<\/span> The former may be examined in appropriate proceedings before the competent forum; the latter falls squarely within the jurisdiction of this Court while exercising its extraordinary writ jurisdiction in a petition for habeas corpus.<\/span><\/p>\n

The Court rejected the State’s principal contention that the alleged conversion of the 2 daughters from Hinduism to Islam formed part of a larger conspiracy having the potential to threaten the sovereignty, integrity, and unity of the nation. Except for a broad assertion founded upon the allegations contained in the FIR and the pendency of investigation, no material had been placed before the Court to demonstrate that the voluntary exercise of religious choice by the daughters, by itself, constituted a threat to the sovereignty, integrity or security of the country.<\/span> Mere apprehensions, however serious they may appear, cannot substitute legally admissible material while adjudicating upon the fundamental rights of citizens.<\/p>\n

The Court stated that the daughters’ statements before the Court were unequivocal and that,<\/p>\n

“They have categorically stated that they embraced Islam voluntarily, out of their own free will, in pursuit of spiritual satisfaction, peace of mind and freedom of conscience. There is nothing on record to indicate that, while making their statements before this Court, they were acting under coercion, undue influence, fraud, allurement or any other vitiating circumstance.”<\/p>\n

Therefore, the Court held that it was unable to discern any material warranting an inference that the daughters had acted with any oblique motive or had been reduced to mere instruments in the hands of any individual or organisation pursuing an unlawful agenda. Such an inference cannot legitimately be drawn based on conjectures, surmises or allegations which are yet to be tested and established before the competent criminal court. Furthermore, the mere pendency of a criminal investigation cannot, by itself, furnish a lawful justification for curtailing the liberty of adult citizens, particularly when they are not subject to any judicial or other lawful order of detention.<\/p>\n

The Court remarked that being major women, the daughters had an inviolable constitutional right to determine the course of their own lives. Such decisional autonomy necessarily encompasses the right to choose their faith, determine their place of residence and decide with whom they wish to reside. These freedoms constitute integral facets of the right to life and personal liberty under Article 21 and the freedom of conscience guaranteed under Article 25<\/a> of the Constitution<\/a>.<\/p>\n

The Court also reiterated that neither parents nor other family members can arrogate to themselves the authority to dictate the personal choices of a major individual.<\/span> Upon attaining majority, parental authority yields to constitutional liberty and individual autonomy. Any restraint upon the movement or liberty of such person, except lawful authority, would constitute illegal confinement and amount to a direct infringement of the fundamental rights guaranteed by the Constitution.<\/p>\n

Accordingly, the Court held that it conclusively established that both daughters were unwillingly confined in their parental home and were prevented from exercising their independent choice solely because they decided to embrace a different faith. Such confinement could not receive the imprimatur of law and was manifestly violative of their constitutional rights. Thus, the Court was duty-bound to restore their liberty in exercise of its extraordinary jurisdiction under Article 226<\/a> of the Constitution<\/a>.<\/p>\n

Also Read: Interference of State authorities in conversion procedure under UP Conversion Act is conspicuous: Supreme Court<\/a><\/p>\n

Compensation for unlawful detention<\/p>\n

The Court stated that it was manifest from the undisputed factual matrix and the unequivocal statements made by the daughters that despite being their father, he possessed no semblance of legal authority to curtail their liberty or to subject them to confinement against their free and informed consent. The conduct of the father in forcibly confining 2 major women within the precincts of the parental home, solely on account of their independent decision to embrace a faith of their choice, constituted a flagrant affront to the rule of law and a gross, deliberate and continuing infringement of the inviolable guarantees enshrined under Articles 21<\/a> and 25<\/a> of the Constitution<\/a>.<\/p>\n

“Such unlawful deprivation of liberty has not merely curtailed their physical freedom but has inflicted upon them profound mental anguish, emotional trauma, psychological suffering, social isolation and an irreparable assault upon their dignity, autonomy and freedom of conscience, which lie at the very heart of our constitutional order.”<\/p>\n

The Court added that the conduct of the State and its instrumentalities was equally disturbing. The State, which bears the highest constitutional obligation as the sentinel and protector of the life and liberty of every citizen, instead of securing the release of the corpus from their unlawful confinement, permitted the continuation of such illegal detention under the ostensible cover of the criminal proceedings initiated pursuant to the criminal case. The record unmistakably revealed that the State machinery failed to discharge its constitutional obligations and, by its acts of omission and commission, lent tacit support to the continued deprivation of the fundamental rights of the daughters.<\/p>\n

“Such executive inaction and constitutional indifference cannot receive judicial approbation and render the State equally accountable in public law for the violation of the fundamental rights guaranteed to the corpus.”<\/p>\n

The Court reiterated that where the inalienable right to life and personal liberty guaranteed under Article 21 is violated by an act of illegal or arbitrary detention, the Court, while exercising its extraordinary jurisdiction under Article 226<\/a> of the Constitution<\/a>, was not powerless to fashion an appropriate public law remedy.<\/p>\n

“The award of constitutional compensation has now become an integral facet of the Constitution<\/a>al remedial jurisprudence evolved by the Supreme Court to vindicate fundamental rights and to ensure that constitutional guarantees do not remain illusory or merely ornamental.”<\/p>\n

The Court added that such compensation was neither punitive nor ex gratia; rather, it constitutes a public law remedy designed to redress the palpable violation of fundamental rights, uphold the majesty of the Constitution<\/a>, preserve public confidence in the administration of justice, and enforce accountability upon those who have acted in derogation of constitutional mandates.<\/p>\n

The Court remarked that the present case disclosed an exceptionally grave and egregious violation of constitutional rights<\/span>. The corpus, despite being major, educated and legally competent women, were deprived of their liberty for a prolonged period commencing from the year 2021, solely because they exercised their constitutionally protected freedom of conscience and chose to profess a religion different from that professed by their family.<\/p>\n

“Such prolonged and coercive confinement strikes at the very foundation of constitutional democracy, which recognises the autonomy of every adult individual as sacrosanct and beyond the reach of parental or societal control. The constitutional guarantee of personal liberty cannot be permitted to yield to familial disapproval, social orthodoxy or executive apathy.”<\/p>\n

Thus, the Court held that the present case warranted the grant of exemplary constitutional compensation. The Court stated that the gravity of the infringement, the prolonged and continuous deprivation of liberty, the severe emotional and psychological trauma endured by the corpus, and the manifest failure of the State machinery to protect their fundamental rights, compelled it to invoke its public law jurisdiction to ensure that the constitutional promise of liberty was translated into meaningful reality.<\/p>\n

The Court reiterated that the Constitution does not confer upon parents a licence to incarcerate their major children merely because they disapprove of their faith, beliefs or personal choices.<\/span><\/p>\n

“Constitutional rights cannot be eclipsed by parental authority, social morality or majoritarian sentiment. The liberty of an adult individual is inviolable, and any attempt to suppress that liberty by force or coercion invites the constitutional scrutiny of the Court and attracts appropriate public law consequences, including the award of monetary compensation for the infringement of fundamental rights.”<\/p>\n

Accordingly, the writ petition was allowed with the following directions:<\/p>\n

    \n
  1. \n

    The daughters were declared to be free to reside at any place and with any person of their own choice, without any interference from their father or any other person or the State and its functionaries.<\/p>\n<\/li>\n

  2. \n

    The father and the State of Uttar Pradesh were held jointly and severally liable for the unlawful deprivation of the fundamental rights of the corpus. Accordingly, they shall jointly pay compensation of ₹<\/span>25 lakhs to the daughters, which is to be equally divided between them, within 8 weeks from the date of this judgment. It shall, however, be open to the State Government, after satisfying the aforesaid award, to recover 50 per cent of the compensation from the father and the remaining 50 per cent from any delinquent public servant whose acts or omissions contributed to the unconstitutional deprivation of the liberty of the corpus, strictly in accordance with law and after affording due opportunity of hearing.<\/p>\n<\/li>\n

  3. \n

    The father shall not, directly or indirectly, interfere with the personal liberty, movement, residence, profession or religious choices of either of the daughters.<\/p>\n<\/li>\n

  4. \n

    The State authorities, particularly Respondents 2 and 3, shall ensure that no interference is caused in the peaceful life and liberty of the daughters and, if so required, shall provide adequate protection in accordance with law.<\/p>\n<\/li>\n

  5. \n

    The father shall hand over the passport, educational certificates, identity documents, bank passbooks, cheque books, conversion-related documents, all such original documents and personal belongings to the daughters within 7 days from today. In the event of any difficulty, Respondents 2 and 3 shall ensure due compliance with this direction in accordance with law.<\/p>\n<\/li>\n<\/ol>\n

    [Kunwar Sultan Ali<\/span> v. State of U.P.<\/span>, HABEAS CORPUS WRIT PETITION No. – 1079 of 2026, decided on 6-8-2026<\/span>]<\/p>\n\n

    Advocates who appeared in this case:<\/p>\n

    For the petitioner:<\/span> Ali Bin Saif, Kaif Hasan, Mohd. Abubakar, Mohd. Areeb Masood, Faraz Khan, and Dinesh Kumar Yadav<\/p>\n

    For the respondent:<\/span> Additional Advocate General Manish Goyal, Government Advocate Pankaj Saxena, Mahipal Singh, and Nripendra Pratap Singh<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

    The Court remarked that the daughters, despite being major, educated and legally competent women, were deprived of their liberty for a prolonged period, solely because they exercised their constitutionally protected freedom of conscience and chose to profess a religion different from that professed by their 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