New Delhi, Nov. 27 (IANS): Her head covered in a red scarf, Hadiya, a 24-year-old Hindu woman from Kerala who converted to Islam, told the Supreme Court on Monday that she wants “freedom and release”. The top court set her free from the custody of her parents and directed that she be allowed to complete her studies at a Salem homeopathy college.
Allowing Hadiya to walk free, the bench headed by Chief Justice of India Dipak Misra directed the Salem college to allow her to complete her house surgeon internship.
She studies in Salem’s Sivaraj Homoeopathic Medical Colleges and Research Institute. Diminutive Hadiya spoke in Malayalam, which was translated for the bench by a lawyer.
She had to wait for about two hours before the bench decided to interact with her. In arguments that were spread over nearly two hours, the clincher came as senior counsel Kapil Sibal told the court that he was not arguing on Hadiya’s marriage with Shafin Jahan or on her conversion to Islam or anything else but how she could be kept in the custody of her father.
Sibal, who appeared for Shafin Jahan, cited Article 21 of the Constitution saying that no person could be deprived of his life and liberty without due process of law.
The court directed that she be allowed to meet people as per the medical college hostel rules.
She was in the custody of her parents for last eight months. As the court inquired with whom she would be leaving after she is freed from the care of her parents, Hadiya said she would stay with her husband.
The question asked by Justice Chandrachud centred around qualification, interest in studies, perception of life, what she intends to do. She told the court that she wants to complete her internship and intends to become a full-fledged doctor.
The court directed the Kerala government to ensure that Hadiya safely reaches her medical college in Salem in the custody of plain clothes police personnel. If necessary, the expenses for pursuing the course and for the hostel shall be borne by the State of Kerala, the court said underlining that its order be “followed in letter and spirit by all concerned”.
Hadiya was asked to be present in the court on Monday to ascertain her views on her marriage to a Muslim man, Shafin Jahan. Her parents have alleged it is a case of “forced conversion”.
Her father, Asokan, has alleged that she was a pawn in the larger scheme of indoctrinating and recruiting of ISIS recruits. Earlier, the Kerala High Court had nullified her marriage to Jahan and she was given in the custody of her father.
Shafin Jahan had challenged the Kerala High Court order of May nullifying his marriage with Hadiya and sought recall of the court order asking NIA to investigate the conversion of Hadiya to Islam and her marriage.
