Hadiya's father files affidavit in SC

  • Hadiya's father files affidavit in SC

Hadiya's father files affidavit in SC

The Supreme Court today overruled a Kerala High Court order that had annulled the marriage of 22-year-old Hadiya to Shefin Jahan. A three-judge bench headed by Chief Justice Dipak Misra gave the ruling after NIA lawyer Maninder Singh told the apex court that probe in the case was nearly over.

In May, Hadiya's marriage was annulled by the Kerala High Court on the grounds of a report submitted by the National Investigation Agency (NIA) to the top court, stating that Hadiya was a victim of indoctrination and psychological kidnapping.

In November, the Supreme Court had allowed Hadiya to resume her studies at a homeopathic college in Tamil Nadu's Salem, after she was placed under her parents' custody since her marriage was annulled last May. The NIA is looking into the "love jihad" angle of the case even though Hadiya has vehemently denied the charges. The probe into the cases of Love Jihad by a well oiled network in Kerala would however continue, the Bench said.

In its judgment on Thursday, the Supreme Court said the NIA could continue its probe into alleged "forced conversions" of young women, but it asked the agency not to probe Hadiya's marriage.

The SC said that its decision is based on Hadiya's statement that she converted to Islam out of her own free will.

Hadiya was known as Akhila Asokan before she converted. The apex court ruled that Hadiya was free to persue her future endeavors in accordance with the law. Yet, one can not lose sight of the fact that Hadiya was repeatedly humiliated, her liberty restricted by the courts without any justification in law, shunted from one place to another, and treated like chattel.

The court further added that she can't be compelled to go or live with anyone. "How can the HC annul a marriage between two consenting adults under Article 226 of Constitution of India", he asked referring to an earlier order by the Kerala High Court. Complete justice will only be done if the courts admit that they erred gravely, and themselves acted in violation of Hadiya's fundamental rights.

Any father will be concerned and scared to marry of his daughter to a terrorist. But when she was produced at the court, she was married.