The Madhya Pradesh High Court has ruled that an adult woman possesses an unfettered legal right to determine her own religious path and embrace monasticism, ordering police to shield a 20-year-old woman from family interference after her parents opposed her decision to become a Jain nun.
Delivering the order on September 7, Justice Sandeep N. Bhatt held that every adult citizen is entitled under Indian law to practice faith freely and live according to personal will without outside hindrance. The court observed that while it felt sympathy for both the young woman and her parents, the law does not permit family members or relatives to override the liberty and autonomous choices of an individual who is older than 18 years.
Apprehension Of Family Coercion
The ruling followed a petition filed by Tanisha, who resolved to follow Shwetambar Jainism and undergo “Diksha”—the formal renunciation of worldly life—to live as a Saadhvi. Represented by advocate Ashish Joshi, the petitioner turned to the high court after a protection plea submitted to the Commissioner of Police in Indore yielded no resolution.
Joshi submitted that the petitioner faced intense opposition from her parents and close relatives, who were attempting to halt her spiritual transition out of emotional attachment. Because her parents are influential figures in society, she apprehended that they would restrict her physical liberty, harass or intimidate her, and forcefully prevent her from taking Diksha.
The petition invoked fundamental rights under Articles 19, 21, 25, and 26 of the Constitution, arguing that her personal liberty, freedom of movement, and freedom of religion required urgent judicial protection.
Police Ordered To Ensure Safety
Disposing of the petition, the high court instructed the woman to report immediately to the relevant Superintendent of Police or local police station if her parents or relatives subject her to any coercion, harassment, or unlawful restraint.
Justice Bhatt further directed law enforcement authorities to respond swiftly to any complaint she files, ensuring full compliance with the personal liberty guidelines established by the Supreme Court in landmark rulings, including Lata Singh and Shakti Vahini v. Union of India.
