Hindu woman sent to Nari Niketan for her intention to marry a Muslim

Ms. Kanchan Verma, a school teacher was sent to Nari Niketan in Amroha district on 27th April under section 151 (Breach of Peace). She wanted to marry a Muslim Naser Ali. The couple was produced before the Sub Divisional Magistrate of Dhanaura who sent Ali to Judicial Custody and Kanchan Verma to Nari Niketan until further order. Ali was released on bail later. Ms. Kanchan Verma filed a petition in High Court with a plea to seek her release. In her petition she complaint of habeas corpus and restrictions on her from attending school.

The Division Bench consisting of Justices Tarun Agarwala and Amar Singh Chauhan passed a judgment saying that Right to Life and Personal Liberty is the most precious right of a human being which should be respected by the rule of law. The executive cannot deprive a person of his life or personal liberty without authority of law. The judges criticized the order of SDM saying that even after recording the statement of the petitioner that she is an adult and wants to live with a person of her choice, there was no reason for the magistrate to detain her in Nari Niketan. This Act is in violation of Article 21 of the Constitution. The court directed the police to escort the woman to her parents house and added that she was free to select her own life partner irrespective of religion.