'Love jihad' inquiry: India's Supreme Courts upholds annulment of controversial marriage
The womans Hindu family wanted her marriage to a Muslim dissolved. Photo: The Guardian
(Web Desk) – In a much hyped up case, the Indian Supreme court has annulled the marriage of a 24-year-old woman to a Muslim man in Kerala forcing her to resume living at her parents’ house.
According to the Guardian, Akhila Ashokan, who converted to Islam from Hinduism, prefers to be known as Hadiya. She became a Muslim after meeting her husband Shafin Jahan. Both were studying medicine in Coimbatore in Tamil Nadu.
Her marriage and conversion from Hindu faith angered her family following which her father filed a petition in the Kerala High Court against the marriage, demanding his daughter‘s return.
The couple married last year in December. In May, the marriage was nullified by court orders and Hadiya was forcefully sent back to live with her parents in Kottayam, despite her refusal to return.
Hadiya and Shafin Jahan Photo: The News Minute
The court’s judgment on the case stated that Hadiya was “weak and vulnerable, capable of being exploited in many ways” and that “her marriage being the most important decision in her life, can also be taken only with the active involvement of her parents”.
The Supreme Court ruled that India’s National Investigation Agency, which probes into terrorism, must assess in the case and investigate if Hadiya converted of her free will, or was part of a “love jihad” – a phrase which is often used by Hindu groups allegedly labeling Muslim men who are forcing Hindu women into marriage.
Since May, the young woman Hadiya is in the confinement of her parents’ home and has no contact with anyone. Local reports suggested that she has no access to the internet or phone, and that police was guarding her house at all times. A police officer mentioned to a local media that Hadiya is depressed due to the social isolation.
Hadiya’s husband Shafin Jahan filed another petition in the Supreme Court to rule on the validity of the ruling that annulled his marriage. In his petition Jahan stated that the ruling from the High Court was an “insult to the independence of the women of India as it completely takes away their right to think for themselves”.
Women’s rights activists are stunned by the Supreme Court’s ruling. The court has in the past ruled against honour killings and other customs and has established a reputation for supporting Indian women and their rights to exercise their choice.
Rebecca Mammen, a senior lawyer in India, said she was “simply stunned” by the Supreme Court ruling. “It [the marriage] is clearly a consensual relationship between two adults, totally voluntary – the woman has not complained of any coercion – I don’t know of any law that allows a court to act in this way,” said Mammen. “So all I can say that I am really taken aback.”
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Hadiya alias Akhila. Photo: The News Minute
Vrinda Grover, is a women’s rights activist stated Hadiya’s confinement in her parents’ home as “illegal house arrest”. She said it was typical of the society to react when Indian women transgress social norms resulting in curbing of her rights by the society, if she practices her freedom of choice.
“Her right, as an adult, to choose her husband irrespective of his caste or creed or ethnicity and her right to freedom of religion have been violated,” Grover said.
“The courts are behaving as though she doesn’t know what’s good for her. The fact of being kept confined by her parents has deprived her of her personal liberty.”
