Hadiya case: Supreme Court says consent is prime in marriage

Hadiya Case

Hadiya Case

He was reacting to the Supreme Court directive early in that day that the father produce her before it on November 27. "We will entertain it as she will be an individual", the top court said.

The court was hearing a petition by Hadiya's husband, Jahan, which said the high court order was an "insult to the independence of the women of India as it completely takes away their right to think for themselves". Her husband has appealed against the annulment as well as the sanction given by the Supreme Court to the anti-terror National Investigating Agency to probe if the marriage is part of "love jihad", in which vulnerable Hindu women are allegedly lured by Muslim men who are agents of terrorist groups.

Speaking to media here, Hadiya's father K M Ashokan said, "I welcome the order of Supreme Court".

Recently, while hearing a matter, the Kerala High Court observed: "All inter-religious marriages can not be termed love jihad". Today or tomorrow, I am going to die. Consent is manipulated by indoctrination and radicalisation. If that happens, the commission will intervene, she told reporters in Thiruvananthapuram. I myself have told her to go where she wants as there will be always police protection. My father is getting angry, I can make out. "You need to get me out.I will be killed anytime", she said in the video.

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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. After Misra as chief justice took over, the court's position changed. "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 direction to produce Hadiya in open court comes as a victory for several rights activists, who have been alleging that the 25-year-old is being confined against her will in her parents' home and is being harassed, and have been demanding that she be set at liberty.

"Unfortunately, the next hearing will only be held on 27 November, which will prolong Hadiya Jahan's five-month-long unlawful confinement at her parents' house for another month".

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