Allahabad HC sets Ayush Malik free from family's custody after he says he voluntarily embraced Islam

The Allahabad High Court on Wednesday ruled that Ayush Malik, a Shamli-based youth who converted to Islam from Hinduism, cannot be restrained by his family [Ayush Malik and Another v State of UP and 3 Others].

Justice Sandeep Jain passed the order after Malik, aged about 31 years and a Bachelor of Pharmacy graduate, told the Court that he had voluntarily embraced Islam and wants to marry a Muslim woman.

"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 noted.

The Court was dealing with a habeas corpus petition alleging that Malik, who had changed his name to Mohammad Ali, was being kept in illegal custody by his family following his conversion to Islam.

Considering the statement made by Malik, the Court today said that there was no lawful justification for continuing any restraint upon his personal liberty. It thus allowed him to reside at a place of 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. 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 Bench said.

The Court on September 9 had directed authorities in Uttar Pradesh to produce Malik before the Court. Malik's conversion from Hinduism to Islam had led to the arrest of a Muslim woman Chandni Qureshi and her father under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 in a case registered by Shamli police.

Malik had earlier told the media that he had converted to Islam voluntarily. However, his businessman father claimed that he was coerced by the Muslim woman and her family to gain control over their property. Malik later reportedly returned to Hinduism.

A habeas corpus petition filed earlier this month, however, alleged that Malik was in an illegal custody of his family.

Today, the police produced Malik before Court. He stated that he voluntarily embraced Islam in 2014 and that his decision was not a result of any coercion, threat, undue influence or inducement from any person.

He further stated that, after embracing Islam, he has been following the essential practices of the faith. However, he also revealed that his decision was not acceptable to his parents and other family members

Malik also said that he has decided to enter into a matrimonial relationship with Chandni Qureshi and intends to solemnize marriage with her.

Further, he alleged that he was subjected to threats and unlawful confinement at his house since June 04.

During the hearing, the detenue's father Devraj Singh Malik claimed that his son has been influenced or brainwashed by certain persons and has not voluntarily embraced Islam.

Considering the statements made before it, the Court said that Malik has attained the age of majority and is capable of taking decisions concerning his own life.

It added that Malik unequivocally expressed his desire to profess and practise Islam and his intention to solemnize marriage with Chandni Qureshi.

"He has consistently maintained that both decisions are the result of his own free will and independent choice. The Court finds no material, at this stage, to doubt the voluntariness of the choices so expressed by him," the Bench noted.

The Court said that the concern expressed by Malik's father regarding the welfare of his son was understandable in the context of the familial relationship.

However, it added that such concern cannot override the constitutionally protected autonomy of an adult person who is competent to take decisions concerning his faith, residence and choice of life partner.

The 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," the Court observed.

It added 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 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 Court added.

Finding that Malik was residing "under police presence" at his house, the Court directed that he shall be at a liberty to reside at his place of choice and profess and practice his religion.

"Once an adult person has unequivocally expressed his free will and choice before the Court, such choice is ordinarily entitled to be respected, unless its exercise is shown to be vitiated by circumstances recognised in law. The Court, in exercise of its jurisdiction under Article 226 of the Constitution, is not required to substitute its own perception of what would be beneficial or appropriate for the considered choice of an adult corpus," the Bench said.

Advocates Deepak Singh, Mohammad Khalid and Umar Khalid represented Malik.

[Read Order]