By standing by Hadiya, court defends rights

10 March, 2018, 01:54 | Author: Jason Torres
  • Hadiya's marriage restored

Judicially separated by the Kerala High Court in the name of love jehad, Kerala girl Hadiya, aka Akhila Asokan, and her husband Shafin Jahan were united again by the Supreme Court on Thursday. What the Court also mentions is that the Judgement will not affect any ongoing investigations by the NIA.

India's top court has now set aside the ruling, restoring their marriage. "This marriage was a ploy to get her out of court proceedings", Singh said, and implored the Bench to take a look at NIA's status report.

Pronouncing a brief operative order after lunch, Chief Justice Misra said the High Court should not have annulled the marriage between the two, following a Habeas Corpus petition, by exercising its powers under Article 226 of the Constitution. But it is apposite that the court should annul on this very day a high court order that says "a girl aged 24 years is weak and vulnerable, capable of being exploited in many ways" and "her marriage being the most important decision in her life, can also be taken only with the active involvement of her parents".

Hadiya Jahan, who is in her 20s, was born into a Hindu family, but converted to Islam and married a Muslim man.

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Asokan and NIA vehemently argued that the marriage was part of a well-oiled machinery prevailing in Kerala to indoctrinate vulnerable youth to embrace Islam and lure them away to countries like Syria but the bench was not inclined to accept the argument and said "when two consenting adults marry we can not get into correctness, justness. its not fair". "Words can not explain it", Asokan said.

He also denied the charge of "love jihad", a controversial term coined by fringe Hindu groups to describe what they claim is a conspiracy by Muslims to lure Hindus into marriage.He alleged that allegations against the Popular Front of India have been made with a sinister design.

It is unlikely that the Supreme Court timed its judgment in the Hadiya case for the International Women's Day. Neither Hadiya nor Shafin was present in court. It is painful for me to see my daughter with an extremist, he said. "The Tamil Nadu police have given good protection to me", Hadiya added.

Justice Misra said: "Let us assume for a moment that in the extreme event the marriage is a disguise to commit an offence".

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