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  1. #1
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    'Love jihad' case: SC sets aside Kerala high court order


    0 Not allowed!
    The Supreme Court today said that Hadiya's marriage with her husband Shafin Jahan is legal and valid, and a relationship she has formed of her free will and consent.


    In doing so, the apex court overturned an earlier order of Kerala HC, which had cancelled the marriage saying it wasn't legal as she entered into it out of coercion or was brainwashed into it.

    A bench comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud said it was restoring Hadiya and Jahan's marriage, as it had interacted with the former and found that she had exercised her consent in getting married.



    With today's order, the two will be deemed legally married and can live as a couple without being harassed by any state agency.

    https://timesofindia.indiatimes.com/india/kerala-love-jihad-case-sc-sets-aside-kerala-hc-order-that-annulled-hadiyas-marriage/articleshow/63215330.cms


    It is a sad commentary for all concerned.

    Asokan said his daughter was a "vulnerable adult" and she "abjectly surrendered herself to complete strangers who adopted her into their fold, offering her shelter and protection and further imparted religious indoctrination in an isolated environment".


    Hadiya, however, told the court that
    she embraced Islam
    +
    of her own free will and wanted to continue living as a Muslim. In an affidavit filed before the top court, she said that she had married Jahan of her own volition and sought the court's permission to "live as his wife".



    She said that Jahan had no role in her conversion and that he had come into her life only after she embraced Islam.


  2. #2
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    0 Not allowed!
    I understand SC has cleared love part of Love jihad No relief for jihad part investigation can continue!


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  4. #3
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    We should be grateful for small mercies. On International Women’s Day, a day when hashtags were declaring ‘Time’s Up’ and ‘My Body is Mine’, our highest court reaffirmed a more basic right: the right of an adult citizen — woman citizen, I should clarify — to marry.

    Social media was split into two camps: Those still convinced that the 24-year-old Hadiya was a victim of brainwashing and, thus, incapable of making rational choices, and those celebrating the court-ordered granting of her ‘freedom’.


    But at the heart of the Hadiya controversy lies not so much the right of a grown woman to choose her husband and religion, but prevailing attitudes towards women by society at large. Seventy years after Independence and despite a Constitution that guarantees us equality and dignity, we are simply not to be trusted when it comes to decisions about personal life choices, particularly if those choices don’t meet with social approval. Well into a new century, women are still viewed as the property of their fathers and, then, husbands. It is not good news and certainly not worth celebrating.


    The treatment meted out to Hadiya has been unjust, humiliating and cruel, and no compensation can be possible.
    One wonders just how many Hadiyas are out there, battling social and parental pressure so that they can steer their own destinies? How many have the mental stamina to withstand such a prolonged pressure?

    It should not have taken a court battle all the way to the Supreme Court, sustained media attention and a dogged pursuit of justice by Hadiya to win her freedom. That it came on a day when women all over the world were asserting their right to equality and freedom only reinforced the irony.

    https://www.hindustantimes.com/colum...b1qBJaA8J.html
  5. All views expressed by the Members and Moderators here are that of the individuals only and do not reflect the official policy or view of the TamilBrahmins.com Website.
    If you are having a problem with a particular thread or user, please use the "REPORT POST" button beside the offending post to inform us or raise a complaint.

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