Court Upholds Individual Autonomy and Freedom of Choice in Joining Religious Orders
In a significant judgment, the Kerala High Court has dismissed a writ of Habeas Corpus petition filed by Joju George and others, alleging illegal detention of their daughters by a religious congregation, the "Monastery of Holy Ruah (MHR)." The daughters, aged between 21 and 30, had voluntarily joined the congregation, which was initially recognized by the Archdiocese of Thrissur but later dissolved due to internal conflicts.
The petitioners contended that their daughters were being coerced into remaining with the congregation, which was no longer aligned with the Archdiocese. They argued that their daughters' decisions were influenced by undue pressure, which was not in their best interests.
However, the High Court, comprising Dr. A.K. Jayasankaran Nambiar and Jobin Sebastian, emphasized the fundamental rights under Article 21 of the Constitution, which include individual autonomy and freedom of thought, belief, and self-determination. The court held that the choice to join a religious congregation lies within the private domain of the individual, and any interference by the State or Court would have a chilling effect on constitutional freedoms.
The court further clarified that the writ of Habeas Corpus, a discretionary remedy, cannot be exercised unless ordinary remedies have been exhausted and proven ineffective. It noted that allegations of illegal detention were unsubstantiated, as the daughters were adults and had expressed their decision to remain in the congregation of their own free will.
The judgment also highlighted previous Supreme Court rulings, such as K.S. Puttaswamy v. Union of India and Navtej Singh Johar v. Union of India, which underscored the importance of individual autonomy and the right to privacy.
The court concluded that the mere disagreement of parents with their adult children's religious choices could not be grounds for issuing a writ of Habeas Corpus. The petition was dismissed, reinforcing the principle that individual autonomy in religious matters is protected under the Constitution.
Bottom Line:
Writ of Habeas Corpus cannot be issued when allegations of illegal detention are unsubstantiated, and the individuals alleged to be detained are found to be acting of their own free will.
Statutory provision(s): Article 21, Article 226 of the Constitution of India
Joju George v. State of Kerala, (Kerala)(DB) : Law Finder Doc id # 2885138
