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Kerala ‘love jihad’ case: SC agrees to examine if Kerala HC erred in annulling Hadiya’s marriage

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Kerala ‘love jihad’ case: SC agrees to examine if Kerala HC erred in annulling Hadiya’s marriage

[vc_row][vc_column][vc_column_text]The apex court to hear on October 9 a plea challenging former Chief Justice JS Khehar’s order of a NIA probe in the case

The Supreme Court, on Tuesday, agreed to examine whether the Kerala High Court overstepped its judicial powers by annulling the marriage of Hadiya alias Akhila Ashokan with Shafin Jahan in what has come to be known popularly as the Kerala love jihad case.

A three-judge bench of the apex court headed by Chief Justice Dipak Misra also observed that Hadiya’s father, KM Ashokan, could not claim custody to her as she is a “24-year-old adult”. The bench said: “Either we will appoint loco parentis or we will send her somewhere safe. Father can’t insist on her custody”.

The bench was hearing a plea filed by Hadiya’s husband, Shafin Jahan in which he has challenged the Kerala High Court’s order that nullified his marriage.

The court also witnessed dramatic arguments put forth by Jahan’s counsel, senior advocate Dushyant Dave, who challenged an earlier order in the case – given by then Chief Justice JS Khehar – of an investigation conducted by the National Investigation Agency (NIA) to ascertain the veracity of claims that the marriage of Hadiya to Shafin Jahan was not an “isolated incident” but part of a “pattern” of forceful conversion of girls to Islam by way of marriage. The NIA has also been tasked by the apex court to look into the seemingly outrageous and bizarre claims that Hadiya’s marriage was actually part of a radicalization scheme linked with global terror outfit, Islamic State.

On Tuesday, Dave challenged the court’s earlier order of an NIA probe in the case, asserting that “it struck at the very foundation of this multi-religious society” and was “sending terrible signals across the world”.

The apex court’s order of an NIA probe into a case of inter-faith marriage and alleged forced conversion has drawn wide-scale criticism from various legal luminaries and human rights groups.

Dave even asked the court: “two of the seniormost leaders in the BJP are married to members from minority community. Will your lordships order NIA enquiry against them”.

The senior advocate’s charged arguments drew a reprimand from the Bench, with Justice AM Khanwilkar telling Dave: “you are so loud that we can’t hear you”. However, this did not stop the counsel from carrying on with his vociferous arguments.

Additional Solicitor General (ASG) Tushar Mehta, who appeared in the court in place of ASG Maninder Singh who usually represents the NIA, told the court that the objections being raised by Dave had already been raised by senior advocate Kapil Sibal who was representing Jahan earlier. ASG Mehta said that the order by former CJI JS Khehar of an NIA probe in the case had been given after considering arguments placed by Sibal as well as the NIA.

Giving time to the NIA to properly respond to the charges made by advocate Dave, the Bench noted that it would hear the matter on October 9.[/vc_column_text][vc_column_text css=”.vc_custom_1507036719308{padding-top: 5px !important;padding-right: 5px !important;padding-bottom: 5px !important;padding-left: 5px !important;background-color: #c4c4c4 !important;border-radius: 5px !important;}”]Background to the Kerala Love Jihad case:

In May this year, the Kerala High Court had declared as “null and void” the marriage of 24-year-old Hindu woman – Hadiya alias Akhila – who had converted to Islam to marry a Muslim man – Shafin Jahan – in December 2016, terming the union as “sham”. It had ordered Hadiya to be placed in her parents’ protective custody.

Akhila was a homeopathy student in Kerala when she converted to Islam. Shafin Jahan had met her with his family in August 2016 in response to her posting on a marriage website and they got married last December.

Jahan, 27, challenged the Kerala High Court order in the Supreme Court, saying that the order was an “an insult to the independence of women in India”. He had requested the Supreme Court to order Hadiya’s father to produce her in court while claiming that she had converted to Islam of her own volition two years prior to their marriage.

Hadiya’s father, however, had said that she was a “helpless victim” trapped by a “well-oiled racket” which used “psychological measures” to indoctrinate people and convert them to Islam. He had also alleged that Jahan is a criminal and that Hadiya had been trapped by a network with connections to the Islamic State.[/vc_column_text][/vc_column][/vc_row]

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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PM modi

Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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Give all tickets to Muslim women, Amit Shah says, attacking Akhilesh Yadav on sub-quota demand

A sharp exchange between Amit Shah and Akhilesh Yadav in Parliament over sub-quota for Muslim women highlights key divisions on women’s reservation implementation.

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A heated exchange broke out in Parliament during discussions on the women’s reservation framework, with Union Home Minister Amit Shah and Samajwadi Party chief Akhilesh Yadav locking horns over the demand for a sub-quota for Muslim women.

The debate unfolded as the government pushed forward key legislative measures to implement 33% reservation for women in the Lok Sabha and state assemblies.

Akhilesh Yadav argued that the proposed reservation must ensure representation for women from marginalised communities, including Other Backward Classes (OBCs) and Muslim women. He said that without such provisions, large sections could remain excluded from political participation.

He also questioned the timing of the bill, alleging that the Centre was avoiding a caste census. According to him, a census would lead to renewed demands for caste-based reservations, which the government is reluctant to address.

Government rejects religion-based quota

Responding to the demand, Amit Shah made it clear that reservation based on religion is not permitted under the Constitution.

He stated that any proposal to provide quota to Muslims on religious grounds would be unconstitutional, firmly rejecting the idea of a separate sub-quota for Muslim women within the broader reservation framework.

The government has maintained that the existing framework already includes provisions for Scheduled Castes (SC) and Scheduled Tribes (ST) women within the overall reservation structure.

Wider political divide over implementation

The issue of sub-categorisation within the women’s quota has emerged as a major flashpoint, even as most opposition parties broadly support the idea of women’s reservation.

Samajwadi Party leaders reiterated that their support for the bill depends on inclusion of OBC and minority women, while the government continues to defend its constitutional position.

The debate is part of a broader discussion during the special Parliament session, where multiple bills linked to delimitation and implementation of the women’s quota are being taken up.

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No state will lose a seat, Centre assures as delimitation debate takes centre stage in Parliament

Parliament’s special session begins with key focus on implementing women’s reservation and delimitation, setting the stage for major electoral changes.

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Parliament

A special session of Parliament commenced on Thursday, with the Centre set to take up crucial legislation related to women’s reservation and delimitation of constituencies. The session, scheduled over three days, is expected to witness intense debate as the government pushes forward its legislative agenda.

At the centre of discussions is the proposal to operationalise the women’s reservation law, which seeks to allocate 33 percent of seats in the Lok Sabha and state assemblies to women. The law, passed earlier, requires enabling provisions before it can be implemented.

The rollout of the reservation is closely tied to the delimitation exercise — a process that redraws parliamentary constituencies based on updated population data. The implementation is expected only after the next census and delimitation process are completed.

The government is aiming to put in place the framework so that the reservation can be enforced in future elections, likely around 2029.

Delimitation and numbers at play

Delimitation is a key aspect of the proposed changes, as it will determine how seats are redistributed and which constituencies are reserved. The exercise is expected to reflect population shifts and may also involve an increase in the total number of Lok Sabha seats.

This linkage has made the issue politically sensitive, with several opposition parties backing women’s reservation in principle but raising concerns over how and when delimitation will be carried out.

Political reactions and expected debate

The session is likely to see sharp exchanges between the government and opposition. While there is broad agreement on increasing women’s representation, disagreements remain over the timing, process, and potential political implications of the delimitation exercise.

Some leaders have argued that delimitation could significantly alter the balance of representation among states, making it a contentious issue beyond the women’s quota itself.

The government, however, has framed the move as a step toward strengthening women’s participation in governance and ensuring more inclusive policymaking.

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