Hadiya told Apex Court that she wants “freedom and release”.
The Court freed Hadiya from her parents’ custody but said it would decide later on her marriage; for now, she will go to Tamil Nadu’s Salem to complete her homeopathy college course and stay in the hostel, the top court ruled. Hadiya’s family alleges that she was kidnapped and forced to convert to Islam by Shafin Jahan, the man she married last December.
AMN /New Delhi
In a major ruling, Supreme Court today set Hadiya, a 24-year-old Hindu woman from Kerala who converted to Islam, free from the custody of her parents and directed that she be allowed to complete her studies at a Salem homeopathy college.
She told the court that she wants “freedom and release”.
Allowing Hadiya to walk free, the bench headed by Chief Justice of India Dipak Misra directed the Salem college to allow her to complete her house surgeon internship.
She studies in Salem’s Sivaraj Homoeopathic Medical Colleges and Research Institute.
Diminutive 24 year old Hadiya spoke in Malayalam and the same was translated for the bench by a lawyer.
With her head covered in red scarf, 24 year old Hadiya had to wait for about two hours before bench decided to interact with her.
In an arguments that were spread over for nearly two hours, the clincher came as senior counsel Kapil Sibal told the court that he was not on Hadiya’s marriage with Shafin Jahan. He was not on her conversion to Islam or anything else but how she could be put in the custody of her father.
Sibal who appeared for Shafin Jahan – whom Hadiya had married after converting to Islam – cited Article 21 of the constitution saying the no person could be deprived of his life and liberty without due process of law.
The court directed that she should be allowed to meet people as per the medical college hostel rules.
The court order came after the bench, also comprising Justice A.M. Khanwilkar and Justice D.Y. Chandrachud, interacted with her for about 25 minutes during which she expressed her desire to complete her house surgeon internship and pursuer her career as a homeopathic doctor.
“freedom, release”, Hadiya said in response to a question from Justice Chandrachud “What is your dream for future.”
The question largely asked by Justice Chandrachud centred around qualification, interest in studies, perception of life, what she intends to do. She told the court that she wants to complete her internship and intends to become a full-fledge doctor.
The court directed the Kerala government to ensure that she safely reaches her medical college in Salem in the custody of plain clothes police personnel.
At the outset of the hearing, senior counsel Shyam Divan appeasing on behalf of Hadiya’s father Asokan urged the court to hold interaction with her (Hadiya) in camera.
He said that this was request the recall of October 30th order saying that bench would interact with Hadiya in the open court.
Urging the court hear them first, Divan said that the constitutional question that arises is whether in a pluralistic society, can such a radicalisation be permitted to go on.
On the other hand, National Investigation Agency (NIA) which is investigating the larger conspiracy behind what is being described as “Love Jihad” by a “well oiled” Islamic organisation told the court that it should first look at the “compelling material” that it has collected before interacting with Hadiya.
While in one breadth Additional Solicitor General Maninder Singh told the bench that it was not concerned with Hadiya cases and was looking into larger conspiracy, sat the same time he insisted the court should first look at the six pages of 100 page status report caqrrying “compelling material” on the existence of a well-oiled orginisation engaged in indoctrinating the vulnerable minds.
Having a dig at the ASG Singh, Sibal in a banter said, they say “she is doctored, but she is a doctor.”
Sibal said that “She (Hadiya) should not be gagged . She should have liberty to go anywhere from here. She should have a right to decide about her self and personal autonomy. If vcourt thinks that Shafin Jahan has done anything wrpong, then he can be acted against under the law but “you can’t stiffl;e her voice.”
Hadiya was asked to be present in the court on Monday to ascertain her views on her marriage to a Muslim man, Shafin Jahan. Her parents have alleged it is a case of “forced conversion”.
Her father, Asokan, has alleged that she was a pawn in the larger scheme of indoctrinating and recruiting of ISIS recruits. Earlier, the Kerala High Court had nullified her marriage to Jahan and she was given in the custody of her father.
Shafin Jahan had challenged the Kerala High Court order of May nullifying his marriage with Hadiya and sought recall of the court order asking NIA to investigate the conversion of Hadiya to Islam and her marriage.
Hadiya was given in the custody of her parents by the Kerala High Court which annuled her marriage with Shafi Jahan after she converted to Islam.
Court permitted her to approach it in case of any difficulty, hastily clarifying that this would not include admission in hostel or a college.
She was in the custody of her parents for last eight months.
As court inquired with whom she would be leaving after he is freed from the care of her parents, Hadiya said that she would stay with her husband.