Sunday, 23 September, 2018

Small mercies: Finally, Supreme Court has acknowledged Hadiya's right

Hadiya's marriage restored Hadiya free to live with husband: SC
Jay Anderson | 10 March, 2018, 01:54

India's Supreme Court on Thursday permitted a Hindu woman who converted to Islam to live with her Muslim husband, a man federal investigators accused of being a recruiter for militant group Islamic State, in an incident they called "Love Jihad". The court also did the right thing by allowing the National Investigation Agency to continue its investigation into any element of criminality in the circumstances of the marriage.

Justice Chandrachud said that even assuming that Hadiya was to be sent to West Asia to join a terror outfit, the government could always revoke her passport and impose travel curbs. At long last, the Supreme Court has ended the sham that deprived Hadiya of her liberties.

A source from the college shared with DC that she has requested not to have police protection for now.

But Shefin Jahan approached the Supreme Court against the high court order. "I will try to convince the court about it once again", he said. It has not put an end to the investigation by National Investigation Agency (NIA) as it's possible that ShafIn Jahan is a terrorist. Such cases border on trafficking and we may invoke our powers...




Families and the wider society often interfere in matters that the judgment dealt with, and unthinkingly intrude upon an individual's inherent right to privacy, which an earlier judgment of the court held was like a fundamental right. He said that public law has evolved to account for situations where a marriage may be meant to defeat a state interest or even a private interest. "We can't allow the test of reasonableness to the legality of marriage", he said. "We have interacted with the girl", Justice Misra said.

At this point, CJI Misra said: "How can we get into the question whether consent is free or not, specially when the parties are mentally sound?" Whether Hadiya converted as a matter of conscience or as a result of conspiracy and whether she married a Muslim youth out of love or as a result of love jihad can not be determined in isolation from her right as a sane adult to take all such decisions on her own.

Additional Solicitor General Maninder Singh, appearing for the NIA, claimed that "marriage" in this case "was a disguise to further an offence". The court took such a decision because.

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