The Supreme Court on Monday asked the father of Hadiya, a 24-year-old Hindu woman from Kerala who converted to Islam, to present her in court on November 27 to ascertain her views on her marriage to a Muslim man, Shafin Jahan.
"We have to find out as to where she meant to stay and as far as, marriage is concerned it is a personal thing", the bench said, adding that the free consent of a major has to be ascertained.
In May, the Kerala High Court had annulled the marriage of Hadiya and ordered her to return to her parents in the Kottayam district.
Recently, while hearing a matter, the Kerala High Court observed: "All inter-religious marriages can not be termed love jihad".
While the latest video has added credence to the allegations Shafin and other activists have been making for some weeks, Shafin said that he was more anxious after the video emerged than ever before. My father is getting angry, I know.
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"Indoctrination is an exception to free consent".
As a result, it is not clear why the Supreme Court has extended her stay in Ashokan's home in Kotayam until November 27. The petition states that the girl was forcibly converted through Love Jihad and was being lured into joining the Islamic State in Afghanistan.
Senior advocate Shyam Divan, who is appearing on behalf of Haditya's father Asokan, reiterated the call for constitutional obligation.
"I think the Supreme Court's observations saying they want to find out what Hadiya thinks is a welcome order. 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?" The special bench of Chief Justice Dipak Misra will today hear a case related to reforms that need to be carried out in the Board of Control for Cricket in India. 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 her husband Shafin Jahan, opposed the NIA's submission and that of the woman's father.
SC refused plea of Hadiya's father for holding of in-camera proceedings on November 27th.