Indian court affirms women’s right to convert to Islam
Ruling came after two women who embraced Islam accused their father of using criminal case and police intervention to stop them from marrying Muslim men of their choice
NEW DELHI, India (MNTV) — An Indian court has reaffirmed that adult women who voluntarily embrace Islam have the constitutional right to marry partners of their choice, ruling that neither family members nor the state can interfere with those decisions if they are made freely.
The observation came from the Allahabad High Court while hearing a petition filed by two sisters from northern India who told the court they had voluntarily reverted from Hinduism to Islam and intended to marry according to their own wishes.
They alleged that their father attempted to prevent the marriages by filing a police complaint and that they were unlawfully confined with police assistance.
Justice Sandeep Jain said that if the women’s claims are ultimately found to be true, any attempt by their father or others to obstruct those decisions would amount to an unjustified violation of their constitutionally protected rights to dignity, privacy, personal liberty and decisional autonomy.
The court directed Uttar Pradesh Police and the women’s father to produce both sisters before the court on Aug. 6 so that their statements could be recorded directly.
According to the petition, the sisters, aged 20 and 35, voluntarily accepted Islam and argued that choosing both their religion and their spouses falls within the scope of their fundamental rights.
Their lawyer also contended that Uttar Pradesh’s anti-conversion law does not apply because there is no allegation or evidence that the conversions were carried out through force, fraud or inducement.
The case arises against the backdrop of growing legal and political criticism of religious conversion and interfaith marriages in India.
Several states governed by Prime Minister Narendra Modi’s Bharatiya Janata Party have enacted anti-conversion laws that authorities say are intended to prevent forced religious conversions.
Civil liberties groups, however, argue that the laws have been disproportionately used to target Muslim men in interfaith relationships and discourage voluntary conversions to Islam.
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