HADIYA WANTS TO BE FREE , SC PUTS HER IN DEAN’S CUSTODY
In the much-touted "Love Jihad" case of Kerala, the Supreme Court on Monday freed Akhila Ashokan, who had converted to Islam as Hadiya, from the clutches of her parents on her telling the court that they had kept her in "unlawful custody" for 11 months and "all I want is my freedom."
A 3-judge Bench headed by Chief Justice Dipak Misra ordered her to be sent "at the earliest" to Salem Homeo College in Tamil Nadu to complete her studies and made dean of the college her guardian with responsibility of her protection and hostel facilities.
Her deposition began after the Supreme Court on October 30 directed Hadiya's father to present her in the court to ascertain her views on her marriage to Shafin Jahan.
The court is hearing a petition of Shafin Jahan, chalenging the Kerala High Court order of May nullifying his marriage with Hadiya and seeking recall of its order asking the NIA to investigate the conversion of Hadiya to Islam and her marriage.
The Bench, which also included Justices A M Khanwilkar and D Y Chandrachud, spoke to Hadiya through an interpreter for nearly 20 minutes as she conversed in Malayalam during which the Chief Justice asked about her dreams and aspirations and what she wanted to do in her life.
"I should be considered a human being. I want to be a good citizen," Hadiya told the court that recorded her testimony. She repeatedly said: "I want my freedom .... I am in unlawful custody .... I want to go with my husband."
Asked if she wants to continue her studies at the government’s expenditure, she quipped: "I want to (continue studies) but not on the State's expense when my husband can take care of me." She also prayed to let her husband be her guardian, saying: "I want to meet my husband and I don't want any local guardian to be appointed."
Even if we assume that a woman wrongly decided to marry someone, can the court interfere in every such marriage. Umpteen marriages end in break-up. But who are they to decide whom a lady should marry – Kapil Sibal “A woman has a voice of her own and had she been a man, this kind of treatment would not have been meted out to her – Indira Jaising