How can Kerala HC annul mature Hadiya’s marriage, questions Supreme Court

News Network
October 3, 2017

New Delhi, Oct 3: The Supreme Court of India has finally questioned the controversial annulment of a mature Hindu-converted-Muslim girl’s marriage with a Muslim boy by the Kerala High Court and the legality of the girl's father forcibly keeping her in his custody for the past several months.

A Bench of Chief Justice of India Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud asked how the High Court, on May 24, annulled the marriage of a woman, who has reached the age of majority, while exercising writ jurisdiction under Article 226, which is used to challenge violations of fundamental rights, legal rights and other basic rights.

Akhila alias Hadiya had stated in the Kerala High Court that she had embraced Islam on her own will and that she married Shafin Jahan, a Muslim man in 2016 as per Islamic Shariah. However the court had declared her marriage as "null and void" and forced her to go to her father’s house.

“We will hear logical and legal arguments on two issues - can the High Court nullify a marriage exercising jurisdiction under Article 226 and was an NIA probe necessary,” Chief Justice Misra observed and posted the case for hearing on October 9.

Chief Justice Misra then turned to counsel for the girl’s father, observing “she is a 24-year-old woman. You cannot have control over her.”

The court said it could either appoint a loco parentis or send her somewhere safe. “The father cannot say he should have 24-hour custody of her,” Chief Justice Misra observed.

Additional Solicitor General Tushar Mehta for the NIA countered that the top court under Chief Justice Misra’s immediate predecessor, Justice (now retired) J.S. Khehar, had on August 16 transferred the case from the Kerala Police to the NIA, subsequent to findings that there was a “pattern” of such conversions and marriages in the State.

Senior advocate Dushyant Dave, appearing for the Muslim man, Shafin Jahan, strongly objected to the SC order for NIA investigation. Mr. Jahan has filed a plea for recall of the order.

“The order for NIA investigation strikes at the very foundation of multi-religious society... Two senior BJP functionaries have married members of minority communities... Call the girl here, ask her,” Mr. Dave submitted.

The Kerala government, which had agreed in the SC to give the probe in favour of the NIA, also came forward wanting to file an affidavit. Former Supreme Court judge, Justice R.V. Raveendran, had refused the SC’s assignment to monitor the NIA probe.

Mr. Jahan’s recall petition requests the apex court to stop the NIA probe in light of subsequent events showing the girl converted of her own free will and she is being confined and “tortured” by her parents.

Mr. Jahan also sought a direction to be issued to the Director General of Police, (Law and Order), Trivandrum, Kerala to produce the girl before the Supreme Court.

His application, through advocate Haris Beeran, refers to an aired video shot by activist Rahul Easwar, featuring the girl objecting to her “house arrest”.

The application claimed that the acting president of the Kerala Human Rights Commission, P. Mohandas had gone on to make a statement that the girl “is undergoing immense human rights violation at her house”. Moreover, the application also quotes the chairperson of Kerala Women’s Commission, M.C. Josephine, indicating that there is “grave human rights violation in the case of the detenue (the girl) and that the commission is willing to act on a complaint”.

The application points out that the retired Supreme Court judge, Justice R.V. Raveendran, whom the Supreme Court had appointed to oversee the NIA investigation, has refused the assignment. It said that in the light of Justice Raveendran’s refusal, the NIA probe should be stopped as it would not be a fair one.

“NIA has already commenced investigation and already found a link, all without the guidance of Justice Raveendran, the worst fears of the petitioners have therefore been realised. That such an investigation is clearly not fair and is against the orders of the Supreme Court,” the application said.

It said that keeping the girl in custody against her will wherein she is not free to practice the religion she has chosen of her own free will is a clear violation of her fundamental rights,” it said.

It said that an NIA probe may not be required and “it is also clear that Respondent No.1 (the girl’s father) is blatantly infringing upon the right of the detenue to live a dignified life with all the liberty and freedom of a consenting adult of sound mind”.

Comments

Ahmed
 - 
Tuesday, 3 Oct 2017

There is no God but ALLAH and Muhammad pbuh is the final messenger of God...I request Non Muslims to come to truth.. just like Hadiya. We ask U to read & Ponder on ur vedas which says NA TASYA PRATIMA ASTI.. (There is no image of God) . God will definetely Guide those who are honest .

 

Ganesh
 - 
Tuesday, 3 Oct 2017

Laws are now not for protescting people. Its for destroying people. HC doing total injustice.

Suresh
 - 
Tuesday, 3 Oct 2017

Hats off Hadiya. You proved how brave you are. You waited, struggled alot. You will get your happiest life soon. Everybody with you. We love you.

Hari
 - 
Tuesday, 3 Oct 2017

Parents also against her. They are Cheddi followers. They imprisoned Hadiya. Except cheddis (rahul eswar and so on) not even friennds cant meet her. Her father not allowing to meet or talk

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coastaldigest.com news network
January 19,2020

Bengaluru, Jan 19: Two college students have been arrested for allegedly spiking their female friend's drink and sexually assaulting her in Bengaluru.

The 19-year-old victim filed a complaint against the two accused, following which they were nabbed. In her complaint, the victim said that the two friends persuaded her to accompany them in a party where one of them allegedly spiked her drink.

Feeling unwell, she wanted to return to her PG, but the two managed to convince her to stay back at their place, where they allegedly sexually assaulted her.

"After some time one of my friends gave me something to drink and I vomited. I felt uneasy and decided to return to my PG. However, he forced me to go to his house stating that I was not in a condition to go to my PG. He convinced me saying that I can go home in the morning. I did not suspect any foul-play as he was a friend," the victim was quoted as saying by the publication.

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coastaldigest.com news network
June 14,2020

Mangaluru, Jun 14: In a fresh case of vigilante attack, a cattle trader was tied to a buffalo-laden vehicle and thrashed by the miscreants belonging to Bajrang Dal in the city today. 

The victim has been identified as Mohammad Haneef Guddemane (34), a resident of Jokatte village on the outskirts of the city. 

The attack took place in the early morning near Infosys office at Urva, when Haneef was transporting his four buffalos to Kudroli slaughter house. 

The miscreants continued to thrash him until the local police reached spot. Based on the complaint of ‘illegal cattle transportation’ by the Bajrang Dal, the police took the victim to custody and also seized the buffalos. 

The police also took the victim to hospital and subjected him to covid test before producing him before a local judge.

While the Bajrang Dal members lodged complaint of illegal transpiration against the victim, the victim showed all the records of the cattle and lodged a counter complaint against the attackers.

It is learnt that Haneef had purchased 10 cattle from Haveri district and sold six among them. He was transporting remaining four buffalos to Kudroli slaughter house.

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News Network
February 22,2020

Bengaluru, Feb 22: Thanks to joint efforts by the Protector of Emigrants in Bengaluru and Indian Embassy in Qatar, a 26-year-old woman from Karnataka who had been kept in confinement in Qatar has been rescued and brought back to India.

Anupama (name changed) from Holenarasipura in Hassan district arrived in Bengaluru on Thursday night. She was allegedly locked up in a house for 14 days, restrained from using a mobile and wasn't fed. There were three other women with her. On the midnight of February 12, they broke the window panes and fled before contacting local police.

Anupama, a diploma graduate in computer science, was jobless and her friend working in Kuwait suggested she try for a job abroad. She contacted an agency based in Chikkamagaluru which offered her a nanny's job in Qatar. After document verification, the agency demanded she pay Rs 2 lakh but she said she didn't have that kind of money.

The agency sent Anupama on a visitor visa but told her if questioned by immigration officials, she must claim she was visiting her sister. They also gave her a return ticket.

As Anupama was travelling abroad for the first time, she said she was ignorant about several things.

On January 12, Anupama left Bengaluru. But as she reached Qatar, all her documents, including passport, were confiscated by the agency. Her return ticket was cancelled and she was sent to a house to work as babysitter-cum-cook for Rs 30,000. She lived with four other maids in the same house, where they were made to work for 16-18 hours a day.

"I used to wake up around 5.30am every day and had to prepare breakfast for the employers by 6.30am. My work would end around 11pm every day. We never even got time to eat," Anupama told media on Friday. Four days into work, Anupama's nose started bleeding. However, the employers cared little and insisted she continue to work. After 18 days, she requested her employers that she be relieved.

The agency sent her to a house where three women were already present and locked her up with them. "They used to give us a glass of raw rice, an onion, tomato and potato to cook for ourselves. While we got rice every day, we had to use the vegetables for three days. We were not supposed to use mobiles or go out. Two people were monitoring us," she recalled.

Anupama and the others decided to approach police but for that they needed to escape. Around 1.30am on February 12, the four women managed to break window panes and jumped out. They ran for more than a kilometre and managed to approach police, who summoned the agency and got the women to speak to their families.

Anupama called her brother-in-law, who approached the Protector of Emigrants office in Koramangala, Bengaluru. Shubham Singh, PoE in Bengaluru, said they took up the issue with the Indian Embassy in Qatar, which immediately got in touch with Qatar police. Anupama said, "We were kept in prison for a couple of days and were sent to the deportation centre later."

Meanwhile, the Indian embassy got the agency to return the women's documents. However, the agents did not pay their salaries. Two of the women were sent to Hyderabad and the third to Kerala. On Friday, Anupama met Singh at his office, where her statement was recorded. "We have started the process of initiating action against the agency in India," he said.

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