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Hadiya case

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Hadiya (previously known as Akhila) is a 24 year old homeopathic medical student from Vaikom, Kerala. In early 2016, she converted to Islam and subsequently married a Muslim man which her family alleged was forced . [1][2] In May 2017, her marriage was annulled by the High Court of Kerala on the grounds that the wedding was held under suspicious circumstances.National Investigation Agency claimed that she was a victim of was one of indoctrination and psychological kidnapping.[3] In November 2017, the Supreme Court of India directed her to resume her internship. Further proceedings, including the matter of annulment of her marriage will happen in January 2018. [4][5]

Background

Hadiya, who grew up as Akhila Ashokan, belonged to a middle class Hindu family from Vaikom, Kottayam. She is the only child of an atheist, K.M. Ashokan and his wife Ponnamma. She lived with her parents and studied at local schools until 12th standard, which she passed at the second attempt.[6] While pursuing her bachelors at a private homeopathic medical college at Salem, she decided to convert to Islamic faith. The reason for her conversion is not clear, but she later insisted in the High Court that it was a personal choice, her family argued that she is the victim of love jihad, and court annulled her marriage with the observation that she was a "weak and vulnerable girl capable of being exploited".[6] Court also said in its order that "Shefin Jahan is one such person who has been assigned to play the role of going through a sham of a marriage with Ms. Akhila, with the object of transporting her out of India."[7] She became interested in Islam after seeing two of her collegemates, Faseena and Jaseela.[8] She told the court that she was "impressed" by her friends' "timely prayers and good character."[7] She may have secretly practiced Islam three years after leaving to Salem, but she started the legal procedure for conversion only by September 2015. Her parents learnt about the conversion when she refused to participate in her grandfather's funeral ritual at her home.[8][6] She subsequently returned to college wearing a headscarf.[6]

In January 2016, Akhila left her home and joined a course on Islam at a Kozhikode Islamic study centre as an 'external candidate' after filling an affidavit that she converted on her on accord. She planned to stay at her roommates' residence in Kerala during the study period. However, her roommates' father Aboobacker refused to let her continue at his residence, following which she approached Satya Sarani, an educational institution and conversion centre at Manjeri, Malappuram. While at Satya Sarani, she stayed with A.S. Zainaba, a social worker and a member of the Popular Front of India. [7] During this period, she changed her name to Hadiya. [9]

Lawsuit

In February 2016, Akhila's father Ashokan filed a missing case at the local police station. Following the case, Aboobacker was arrested by the police. At the High Court of Kerala, Hadiya's father filed a habeas corpus petition alleging that Satya Sarani has involved in "forced and illegal" religious conversions. Hadiya testified that she was staying with Zainaba out of her free will. The court dismissed Ashokan's petition and let Hadiya continue learning Islam and live with Zainaba, observing that she was not in illegal confinement. [9] Following this, Ashokan filed a second petition in August 2016, alleging that Hadiya is likely to be transported out of the country after getting her married off to a Muslim man. The High court passed an interim order to keep Hadiya in surveillance to ensure that she was not taken outside in India. While she was in surveillance, the police found that she has moved from Zainaba's house to an undisclosed location. [7] Though Hadiya denied the plan to travel abroad, the court directed her to stay at a women's hostel in Kochi. [9] In September, the court let her live with Zainaba again, when she testified that she does not posses a passport, and pleaded that she was being lodged in the hostel "for no fault of hers". On December 19, the court directed Hadiya to move to the college hostel in Salem to complete her medical studies. Her father, Ashokan, was asked to produce her certificates on December 21 so that she could resume her studies.[7]

Marriage

Hadiya married Shafin Jehan, a young SDPI activist from Kollam on December 19, the same day that she had appeared before the court. [10]The marriage was solemnized under Muslim law. Hadiya's lawyer later informed that she had signed up on a Muslim matrimony website, and that Shafin's proposal was arranged through the site. [7][11] The court observed that Hadiya had failed to inform about her marriage. The court expressed concern over the hurried nature of the marriage, and doubted the manner in which the wedding ceremony was conducted. [7] In May 2017, the High Court annulled Hadiya's marriage with Shefin, and sent her to her parent's house in Vaikom. Although the court order was to only provide her police protection, she was not permitted by her father to leave her home or meet anyone. [8] Several activists, including the chairperson of State Women's commission were prevented from meeting Hadiya. [12][13] However, the chairperson of National Commission for Women visited her and noted that she was "happy and smiling". [14][15]

At Supreme Court

Her husband, Shafin Jehan approached the Supreme Court for challenging the High Court order. At Supreme Court, Hadiya expressed her will to continue practicing Islam, live with her husband and complete her internship. She told that she was unlawfully kept under custody at her parents' home and demanded freedom. [16] The Supreme Court allowed her to return to Salem and pursue her internship. Further hearing in this case, including the decision on the annulment of marriage will be considered by the court in January 2018. [17] Hadiya responded that she was happy with the Supreme Court's decision allowing her to continue her education. [18]

References

  1. ^ "Court intervenes in 'love jihad' case". BBC News. BBC. 27 November 2017. Retrieved 28 November 2017.
  2. ^ Taneja, Richa. "Hadiya's Story: A Timeline Of Kerala 'Love Jihad' Case". NDTV.com. NDTV. Retrieved 28 November 2017.
  3. ^ "Hadiya case: Critical findings demolish petitioner's case, says NIA in court". Indian Express. 28 November 2017. Retrieved 28 November 2017.
  4. ^ "Kerala conversion case: Hadiya demands freedom; SC allows her to resume studies, sets next hearing in January". The Indian Express. Indian Express. 27 November 2017. Retrieved 28 November 2017.
  5. ^ "'Love jihad' case: Cannot have a terrorist in the family, says Hadiya's father - Times of India". The Times of India. 28 November 2017. Retrieved 28 November 2017.
  6. ^ a b c d Jacob, George (14 October 2017). "Who is Hadiya?". The Hindu. Retrieved 28 November 2017.
  7. ^ a b c d e f g "From Akhila to Hadiya: What exactly is the Kerala 'Love Jihad' case all about". The News Minute. News Minute. 19 August 2017. Retrieved 28 November 2017.
  8. ^ a b c "Hadiya did not convert for love: Misconceptions busted and case explained". The News Minute. News Minute. 26 November 2017. Retrieved 28 November 2017.
  9. ^ a b c Jacob, George (30 October 2017). "How Akhila became Hadiya". The Hindu. The Hindu. Retrieved 28 November 2017.
  10. ^ "Islamist Popular Front Of India 'Involved In Terror Acts', NIA Submits Report To Govt Recommending Ban". Outlook (magazine). 12 September 2017. Retrieved 28 November 2017.
  11. ^ Philip, Shaju (26 May 2017). "Day after Kerala HC annuls marriage with Muslim convert, man vows to fight 'injustice'". The Indian Express. Retrieved 28 November 2017.
  12. ^ "Josephine says she is prevented from visiting Hadiya". The Hindu. The Hindu. 14 November 2017. Retrieved 28 November 2017.
  13. ^ "Hadiya case: 7 booked for trespassing for trying to meet her while she's under house arrest". The News Minute. 31 August 2017. Retrieved 28 November 2017.
  14. ^ Koshy, Sneha Mary. "Hadiya 'Smiling And Safe', Says Women's Panel After Visiting Kerala Woman In 'Love Jihad' Case". NDTV. NDTV. Retrieved 28 November 2017.
  15. ^ "Kerala's Hadiya safe, 'happy and smiling', says women's panel post-visit". Deccan Chronicle. Deccan Chronicle. 6 November 2017. Retrieved 28 November 2017.
  16. ^ "Kerala love jihad case: 'I want freedom', says Hadiya; SC allows her to resume medical studies in Salem". Firstpost. First Post. 28 November 2017. Retrieved 28 November 2017.
  17. ^ Chowdhary, Amit Anand. "Supreme Court allows Hadiya out of father's custody to resume studies in Tamil Nadu - Times of India". The Times of India. The Times of India. Retrieved 28 November 2017.
  18. ^ Staff, Scroll (28 November 2017). "Kerala conversion case: Hadiya says she is happy with SC order allowing her to finish her education". Scroll.in. Retrieved 28 November 2017.
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