Delhi HC refuses to interfere as woman chooses to stay in Adhyatmik Vidyalaya ashram against parents’ wishes

The Delhi High Court today declined to interfere with a woman's decision to reside in an ashram against her parents' wishes [Dumpala Meenavathi and Anr. Vs Union of India and Ors.].

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said that it cannot direct the woman to visit her parents in violation of her right to freedom of movement and residence at one's place of choice under Article 19 of the Constitution.

On August 24, the Court had directed the Delhi Police to conduct a preliminary inquiry after the petition moved by the woman's parents alleged that she was missing from the Adhyatmik Vishwa Vidyalaya situated at Rohini in Delhi. However, the police found that she was residing at the ashram.

After examining the preliminary inquiry filed the police and the woman's own statement, the Court today said,

"She is an adult. Can the Court direct someone to go to a particular place or not to go? Be it her parents, in-laws or her husband or wife? Will it not be against Article 19? The Constitution guarantees her certain freedom, that includes freedom to move. Can we restrict her freedom?"

The Court noted that the woman was residing at the ashram on her own accord since 2015 as she was inclined towards spirituality.

"She has further stated that she is residing there without any fear or coercion. In view of the statement, nothing needs to be adjudicated in this application, it stands disposed of," the Court said.

The Court also observed that the police had not only visited the premises but also interacted with the inmates. It added that there was no restriction on the inmates as per the statements given to police

"On the basis of the enquiry, how can it be inferred that the ashram is prohibiting? Unless some individual comes and says I want to go but I have been restricted," the Bench said.

Advocate Sameer Vashisht, the standing counsel for the Delhi government, earlier told the Court that the woman is present in the ashram. He added that over a hundred women are residing at the ashram and all of them are adults.

The counsel appearing for the parents argued that the inmates at the ashram were severely brainwashed and indoctrinated. However, the Court said there was no inmate statement to back the claim.

"What can be done about it? There is no such statement by the inmate. She states that she is living there on her own will and is highly educated," the Chief Justice said. 

However, the Court took note of other irregularities at the ashram and said it will consider them on September 23, the next date of hearing.

The State informed the Court that the ashram is situated in an unauthorised colony and has no sanctioned plan.

It was also highlighted that the electricity connection for the ashram has been taken under different names.

The Court also noted that there was no clarity on who was running the ashram at present, and the source of funds used for its functioning.

"The only thing that bothers us is the way it is running. Because it is not run by any organisation, they say that they run it on individual expenses and receive donations for expenses. Everybody has been given the freedom of not only religion but conscious [conscience] also," the Court stated.

The petitioners (the parents) had alleged that their daughter was being illegally confined by the ashram and sought her release.

They also alleged that the ashram's founder, Virender Dev Dixit, had earlier refused to allow them to speak to their daughter on a video call. However, after persistent insistence, they were allowed to do a video call.

During this call, they allegedly noted that their daughter's gums were blackened and that she appeared severely weak and malnourished. They alleged that this health deterioration occurred due to forced drug abuse.

Therefore, the petitioners urged the Court to order a medical examination of their daughter at a government hospital to ascertain if she is under the influence of any drug. 

The parents further pointed out that the ashram's founder has been absconding and several criminal complaints were pending against him. However, a Special Public Prosecutor representing the Central Bureau of Investigation (CBI) informed the Court that the founder has passed away.

Earlier, in 2017, a petition had been filed before the High Court raising larger concerns regarding the illegal detention and exploitation of girls at the ashram.

In 2022, the High Court constituted a high-powered committee which conducted inspections at the ashram’s branches. The committee found several irregularities and illegalities. It also found that there were minor girls living at the ashram.

A team set up by the Court informed it that 100 girls were housed in animal-like conditions with no privacy. A CBI investigation was initiated on the Court's directions in May 2023.

The latest petition points out that such measures seem to have had little effect in dismantling the ashram's alleged unlawful functioning.

The petition moved by the parents was filed through advocate Mani Munjal. 

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