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Privacy and individual rights in the case of Hadiya

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prasad1

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This post may not be popular, but I am not looking for popularity.
Some members would prefer that it went away. But I want us to focus on this issue as a personal liberty issue and not see as a religious issue.


The case of Hadiya, the girl who converted to Islam and got married just entered the next chapter. She was asked by the Supreme Court to head back to college to complete her academic pursuits. In essence, the court had set her free from the custody of her parents and directed her to pursue studies at the Salem College. The dean of the college was appointed as her guardian. It did not say anything about allowing her to meet her husband.


Her father K M Ashokan said he will move a contempt plea in the Supreme Court against Sivaraj Homeopathy Medical College in Salem; where his daughter studies, for its decision to allow her to meet her husband.

Her father was unhappy that Hadiya was allowed to speak to the media and questioned the decision to allow her to meet her husband saying in part, “The highest court of the country has sent her to the college to complete her education in a safe environment. If Jehan who has got an extremist link meets her it will compromise my daughter’s safety”.

This case has highlighted the on the restrictions imposed on women within families and the right that she has to make her own life decisions. Gautam Bhatia, an advocate in the Supreme Court, in a column for the Hindustan Times, cites the constitution in making the case that a citizen should be free to make their own choices -

“The constitution is founded on a simple idea: to every adult citizen, it proclaims: “The State is not your keeper. Your family is not your keeper. You are free to make your choices, and yes – free also to make your mistakes.”

“For this reason, there was a sense of unreality this Monday at the Supreme Court, especially when, after two hours of argument, the Court finally asked Hadiya what she wanted. Her answer was clear: to be free and to live with her husband”.

The ordeal that Hadiya had to undergo has helped shine a light on courts and the way in which they handled the case. It has also brought to the forefront religion, its extremes and the lens through which the public looks at them. As PV Dinesh writes in Outlook, the case has become a Hindu versus Muslim issue. In the column he examines the motivations and the case itself -

“Hadiya is no longer a person, but an issue. An issue debated by media and society, weighed upon by State and Central Governments and used by radical elements for political capitalization”.
 
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Hadiya has been denied the right to choose her faith

Akhila Ashokan, a woman from Kerala, while studying homeopathy, felt drawn to Islamic teachings after she shared an apartment with two Muslim students. She heard and discussed Islamic teachings with them, and in time she resolved to convert to Islam, changing her name to Hadiya.
 
People generally convert to gain some social or economic favor.

It is not surprising that in a country in which a substantial section of the people, accounting for one-fifth of the population and segregated for centuries, remain poor, ill-treated, humiliated, and discriminated against, state intervention is the only antidote even after six decades of democratic governance under a republican Constitution. A major concern for the state is how to address the alarmingly rising unemployment among this section of society.

http://www.thehindu.com/opinion/columns/The-plight-of-Dalits-and-the-news-media/article15790945.ece#!


Still rich and upper-class people are insensitive and make a flippent comment.
 
It is not fair to blame the present generation for the inequalities existed in the past. Now the oppressed castes are given all encouragement by Government agencies for their betterment financially and socially. The Government spends huge amounts in Crores for their betterment. My query is, in spite of liberal disbursement of funds by Governments, why the benefits do not reach these so called "oppressed" people?
One of the main reason is all pervading "corruption" due to delay in implementing programs. Indiscipline and lack of fear of law. Too much of politics and freedom and Liberal doling out of freebies have spoiled the initiave of the people. Perhaps we require another Vivekananda to wake us up with wise words "Awake, arise, stop not till the goal is reached".

The so called high Castes of present generation are denied of all normal openings in education, appointment and other earning avenues, for no fault of theirs. The result is that most of the efficient younger generation of these upper castes are driven away to foreign Countries leaving their roots and families, in search of education and jobs. It is unfortunate that some people leading affluent life in and outside India passing sarcastic remarks on the struggling middle class in India for the existing disparities !

Let us remember that "poverty and hunger" are the same for all people. It has no religion, nor has upper or lower caste. By blaming others, we cannot solve all our ills. We need pragmatic approach to solve this problem.

Brahmanyan
Bangalore.
 
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