Wednesday, 22 November, 2017

Hadiya case: Supreme Court says consent is prime in marriage

NIA is already probing the case of Hadiya's alleged forceful conversion to Islam NIA is already probing the case of Hadiya's alleged forceful conversion to Islam
Isaac Mcdaniel | 31 October, 2017, 00:45

"Either her condition is weak from the harassment from her father, or they are deliberately doing this so that she would not be in a clear state of mind when she goes before the Supreme Court", Gopal said.

The court also observed that the consent of the girl is prime and in this case she is a major. I will produce Hadiya before the Court on November 27th, said Hadiya's father Ashokan to media.

Hadiya's marriage with Shafin Jahan was declared annulled by lower court earlier after the girl's father complained that she had been indoctrinated into Islam religion. The Kerala High Court's annulment of her marriage is wholly without jurisdiction.

Hadiya's case has attracted nationwide attention because Hindutva activists have claimed that it is a case of so-called love jihad - a campaign waged by Muslim men to woo Hindu women in order to convert them to Islam. Following this, her father approached the Kerala High Court, alleging forced conversion. The case cropped up after the Kerala High Court annulled the marriage of Akhila alias Hadiya.

"Although this direction comes quite late, I am happy that the court has taken the decision".

The concept of love jihad involved referred to an emerging pattern of Hindu women being lured by Muslim men who were allegedly agents of terrorist groups looking for recruits.

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"I am concerned that with the next date of hearing a month away, she will have to suffer and live with her parents against her wishes", Grover said.

"Having heard learned counsel for the parties, we are inclined to modify the order of August 16 and accordingly direct the presence of the daughter of the first respondent at 3.00 PM on November 27". "Let the NIA continue its probe". The arguments were countered by equally pointed, often curt, observations by the apex court bench.

She said that the case paints an entire minority community as "aggressors and manipulators", referring to allegations of "Love Jihad".

Last week, Hadiya had recorded a video message saying that she feared death as his father was increasingly getting angry. Today or tomorrow, I am going to die.

"Get me out of here. When I walk, he is pushing and kicking me", Hadiya says in the video.

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