Hearing Hadiya case from Kerala, a woman’s consent is important as an adult observed Supreme Court today after Hadiya case had gained national attention after it was alleged a HIndu woman was forced to convert to Islam to marry the love of her life, Shafin Jahan who was alleged to have links with IS.
Supreme Court also ordered Hadiya to be produced before the court on 27 November at 3 pm by her father under whose custody Hadiya now stays. In May, the Kerala High Court had placed Hadiya in her parents’ custody. “In a habeas corpus matter, the consent of the girl is the most important aspect,” Chief Justice Dipak Misra said.
The apex court also observed that there was no need of further investigation in the case by any agency based on a petition filed by her husband Shafin Jahan. Shafin had challenged the High Court order annulling his marriage on charges of “love jihad”.
In its argument, the Centre said parental authority can be invoked in cases where someone is believed to have been manipulated or indoctrinated.
In August, Shafin moved to Supreme Court questioning High Court’s order to annul their marriage. Supreme Court handed over the invcestigation Hadiya case to NIA fearing Kerala police might ‘take sides’.
However, on October 3 Supreme Court bench, led by Chief Justice Dipak Misra questioned the NIA investigation and declred High Court had no authority to annul the marriage and asked the legality of Hadiya’s father keeping an adult woman under confinement for months.
Social activist Rahul Easwar recently published a video of Hadiya talking, while he had made a visit to the neo-convert’s house in August. In the video the woman allege that she might be killed any moment by her father as he was getting infuriated in her conversion.
Hadiya Case so far
Hadiya formerly called Akhila Ashokan converted to Muslim and married Shafin Jahan after the two met on a Muslim Matrimony site in 2016. Based on a petition filed Hadiya’s father, Ashokan, Kerala High Court annulled their marriage after he claimed that Shafin married Hadiya in order to take her abroad to get her to join the Islamic State group. Ever since then Hadiya had been in grounded in her house under her father’s custody.
After the confinement began no one was allowed to see the girl. When a group of five women reached Hadiya’s house in Kottayam district of Kerala to hand over some books and sweets, they were denied permission by her parents.
“Hadiya was shouting through a window for help and she said she was being physically attacked. It is a grave human rights violation. It's now nearly three months since a woman of 25 is being put under house arrest,” one of the team member who visited the house said.