Hadiya not held captive at home, says father

31 October, 2017, 00:44 | Author: Edward Fernandez
  • Twenty four-year-old Hadiya married a Muslim Shefin Jehan last December. Her father however moved court saying she was ‘indoctrinated’ in a case of ‘love jihad

The court's statement that the issue of Hadiya Jahan's consent will be considered "prime" recognizes the basic right of all women to choose who to marry and what religion to follow. The court will speak to her in open court and not in-camera, sources said.

The court was hearing a petition by Hadiya's husband, Jahan, which said the high court order was an "insult to the independence of the women of India as it completely takes away their right to think for themselves".

The Kerala High Court annulled Hadiya's marriage and ordered her to return to live with her parents in Kottayam in May.

Describing Shafin Jahan - whose marriage to Hadiya was nullified by the Kerala High Court before she was given in the custody of her father - as a pawn in the larger scheme of indoctrinating and recruiting of ISIS recruits, Divan said there are huge organisations that are operating, and named the Popular Front of India, a Kerala-based fundamentalist organisation.

Recently, while hearing a matter, the Kerala High Court observed: "All inter-religious marriages can not be termed love jihad".

The National Investigation Agency, represented by Additional Solicitor General Maninder Singh, said there was well-oiled machinery working in the state and they are indulging in the indoctrination and radicalisation of the society in the state where as many as 89 cases of similar nature have been reported.

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Divan said a radicalised, indoctrinated person can not be said to have a free will.

"Although this direction comes quite late, I am happy that the court has taken the decision". The petition states that the girl was forcibly converted through Love Jihad and was being lured into joining the Islamic State in Afghanistan. I know my father is getting angry.

In a video released recently by Rahul Easwar, Hadiya had said she was certain she would be killed soon.

Senior advocate Shyam Divan, who is appearing on behalf of Haditya's father Asokan, reiterated the call for constitutional obligation.

A three-judge bench presided over by Chief Justice Dipak Misra said the court will go by language of law and not impulse or pulse of society. "The question is do courts respond to such radicalisation or do they remain silent?", Divan said.

"I will go by the verdict of the Supreme Court", K.M. Ashokan, father of Akhila/Hadiya told reporters at his residence in T V Puram near Vaikom on Monday. Senior advocate Kapil Sibal, appearing for the husband, opposed the plea.

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