‘Love Jihad’ Case: Hadiya’s Lawyer Says She is Entitled to Make Decisions About her Life

NEW DELHI:
Hadiya, a 24-year-old Hindu woman from Kerala who converted to Islam to marry, arrived at the Supreme Court Monday to give her statement in connection with Love Jihad case. Her decision to convert has kicked up a countrywide debate over individual liberties, parental authority and so-called “love jihad”.
Born Akhila Ashokan, Hadiya married Shafin Jahan without her family consent last December. Her father, retired military man Ashokan KM, approached the high court in May, alleging in his petition that there was a “well-oiled systematic mechanism” for conversion and Islamic radicalisation that had trapped his daughter.
The Kerala HC struck down Hadiya and Shafin’s marriage, calling it a “sham”, but the husband moved the Supreme Court, which in its last hearing on October 30 said Hadiya’s consent as an adult is “prime”.
Lawyer Kapil Sibal appearing for Shafin, told the Supreme Court that since Hadiya was present, the court should listen to her and not the National Investigation agency (NIA), which is probing her conversion, and that she is entitled to make decisions in her life.
Earlier, the Supreme Court refused to accord urgent hearing on a plea filed by Ashokan that interaction with the woman be conducted in- camera. The counsel for Ashokan K M, the father of the woman, sought an urgent hearing on his plea saying that it would become infructuous if the earlier order mandating open court interaction is not modified.
The NIA had referred to “psychological kidnapping” and said that an indoctrinated person may be incapable of giving free consent. It had also alleged that there was a “well-oiled machinery working in Kerala” indulging in indoctrination and radicalisation and 89 such cases have been reported.
The NIA had claimed that this was a case in which the woman was indoctrinated and hence the court could invoke parental authority even if she was a major. The counsel for her father had earlier claimed that Shafin Jahan, the alleged husband of the woman, was a radicalised man and had links with persons who used to recruit for ISIS.
The woman, a Hindu, had converted to Islam and later married Jahan. It was alleged that the woman was recruited by Islamic State’s mission in Syria and Jahan was only a stooge. Jahan had on September 20 approached the apex court seeking recall of its August 16 order directing the NIA to investigate the controversial case of conversion and marriage of a Hindu woman with him.
He had moved the top court after the Kerala High Court had annulled his marriage, saying it was an insult to the independence of women in the country.
On Saturday, as Hadiya left Kerala to appear before the apex court in New Delhi, she said out loudly to mediapersons that she wanted to stay with her husband. But Hadiya’s parents are certain that she has been indoctrinated.