Prabhakar Sinha

Akhila Ashokan came across Shefin Jahan, a Muslim young man and married him of her free will. She was an adult when she got married . She accepted Islam and changed her name to Hadiya. She is from Kerala and was studying medicine ( Homeopathy ) at Salem, Tamil Nadu.

As expected, her parents were hostile to the marriage and moved the Kerala High Court alleging that she was brainwashed into the alliance, and the marriage was illegal and should be terminated and she should be placed under their gurdianship and custody. The court obliged. It obliged with a Khap Panchayat- like order by annulling the marriage under its writ jurisdiction and placing an adult Hadiya (former Akhila ) under the guardianship and custody of her parents. The order was Khap Panchayat- like,as it was based on the traditional social values against the law and without jurisdiction.

The High Court had doubtful power to annul a marriage under its writ jurisdiction and no power to place an adult under someone's guardiandship.But Hadiya was a woman and supposedly needed protection.The court could have annulled the marriage if it were forcibly solemnised, Hadiya were a minor or of unsound mind , were drugged at the time of the marriage or the marriage-rites performed were not legal under any law -religious or secular. None of these applies to Hadiya's case.

It is contended that she was 'brainwashed' and, therefore, the marriage was illegal. It is also alleged that her husband may have terror links though there is not even an iota of evidence to support the suggestion. Hadiya has been consistently asserting that she has married Shefin Jahan of her free will and wishes to live with him. She has not been given this freedom though as an adult she has the right to choose where and with him she wants to live with or without marriage.

The NIA is out to prove that it is a case of Love Jihad. The court has allowed the NIA to go ahead with the investgation. The Supreme Court has also not granted Hadiya her full freedom.She has been set free from the guardianship of her parents but has not been set free to do as she likes though she is an adult of a sound mind.

Is 'brainwashing ' a legally defined term and an offence under the law ? Brainwashing is a form of propaganda and indoctrination used to convert someone to a certain ideology. It is legal unless an illegal means is used . The RSS - BJP have illegally brainwashed ( using hate speech ) a large number of Hindus into believing that more than 100 crore Hindus are under a threat from 18 - 20 crore Muslims in India. They have brainwashed and instigated them to lynch Muslims in the name of 'Gau Raksha 'or on some other pretext.

They have brainwashed their cadres to perceive those who think differently from them as anti-national and enemies and beat, maim and kill them and break their meetings and ask them to go to Pakistan. But to the judiciary those are not brainwashing !

Hadiya's marriage with Shefin is being investigated by the NIA as a possible case of Love Jihad. Love Jihad means that the radicalised Muslims want to win their Jihad ( holy war ) of converting Hindus into Muslims by enticing Hindu girls and marrying them. There can be nothing more laughable than the idea that love can be a means to Islamise Hindu India with more than 100 crore Hindus, but a large number have been brainwashed by the RSS-BJP into believing this Nonsense.

No notice of this brainwashing threatening the unity and emotional integration of people of India has been taken, but the love marriage of a Hindu woman with a Muslim man is being investigated by the NIA with the approval of the apex court. It smacks of a worrisome bias if not of the effect of the ongoing brainwashing by the RSS -BJP combine on the judiciary.

Assuming that Hadiya has been brainwashed into believing in Islam, does it deprive her of the right to choose her new religion or a husband ? Assuming that Shefin Jahan himself is committed to the ideology of the Islamic State, does it deprive him of the right to marry or marry a woman of his choice ? Even an IS man convicted of a heinous crime cannot be deprived of his right to marry or marry a woman, who is a Hindu or a Christian.

The only relevant consideration is whether the woman is an adult, of a sound mind and has made her choice without coercion, fraud or fear exercising her free will. Hadiya has remained steadfast in her decision for so long despite her detention in her parents' hostile custody and expressed her determination to live with her husband Sherin Jahan before the three judges of the apex court.

What more is needed to accept that she, an adult woman, has exercised her right to choose a husband without fear or favour and should be left alone to live her life without the judges and the police (NIA ) breathing down her neck.

Hastakshep