Kerala 'love jihad': SC says consent of girl is prime
Kerala 'love jihad': SC says consent of girl is prime
Kerala love jihad case: SC says consent of women is important, asks to produce her on November 27
31 October, 2017, 00:45
A Supreme Court bench headed by Chief Justice Dipak Misra was hearing a Muslim man's request for overturning a Kerala high court order that cancelled his marriage with a Hindu girl after she converted to Islam. The CJI said, the bench would "interact with the girl in open court to take a preliminary assessment of her mental state. I will produce Hadiya before the court on November 27", he said.
The Supreme Court will meet Akhila, aka Hadiya -the 24-year-old at the centre of the alleged love jihad instance from Kerala - on November 27 in a bid to ascertain for itself whether she had converted to Islam and married Shafin Jahan of her own "volition and desire".
He urged the court to go through a status report filed by the NIA before deciding to allow Akhila, renamed as Hadiya, to go with her husband from the custody of her father. The High Court, disappointingly, annulled the marriage in May 2017 and ordered her to be sent back to her parents' home.
The Supreme Court saw a packed Monday morning as it lined up a number of high-profile cases for hearing, ranging from the Aadhaar issue and its implementation, the Kerala Love Jihad case and Article 35A. I am sure I will be killed tomorrow or day after.
Divan said a radicalised, indoctrinated person can not be said to have a free will. I know my father is getting angry.
"Although this direction comes quite late, I am happy that the court has taken the decision".
The CJI asked: "Is there any law by which a girl can never fall in love with a criminal?" The Kerala State Women's Commission chairperson M.C.Josephine welcomed the Supreme Court order.
Senior Advocate Shyam Divan, appearing for the father of of the woman, submitted that there was a well-oiled organisational apparatus operating for carrying out such activities. "They have students, preachers, psychologists etc and they radicalize impressionable minds.The question is do courts respond to such radicalization or do they remain silent?" "When you talk about unity and diversity we are not going by impulse of society, but we will go by the law", he said. It was alleged that the woman was recruited by Islamic State's mission in Syria and Jahan was only a stooge.
Senior Advocate Kapil Sibal, appearing for husband Shafin Jahan, objected to the submissions. I will produce Hadiya before the court on November 27.
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