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Kerala love jihad case: SC to hear Hadiya’s submission in open court on Nov 27

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File photo of Hadiya alias Akhila with her husband Shafin Jahan. Photo credit: Agencies

Supreme Court expresses surprise over Asokan seeking his adult daughter’s custody, says consent is prime and no law prevents marriage with a criminal 

The Supreme Court, on Monday (October 30), made it clear that any decision on the Kerala ‘love jihad’ case will only be taken after Hadiya alias Akhila – the Hindu girl who had married a Muslim man Shafin Jahan, a marriage that had been annulled by the Kerala High Court – had expressed her opinion in open court for which the time and date has been set for 3 pm on November 27.

The order of the apex court bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, is a modification of an earlier directive issued by the same court in which it had said that the statements of 24-year-old Hadiya before the SC will be recorded ‘in camera’.

The proceedings in what has come to be called the Kerala love jihad caseon Monday, saw high voltage arguments being put forth by senior advocates Shyam Divan and Kapil Sibal and Additional Solicitor General Maninder Singh – each of them trying hard to pursue their respective stands in the matter. The arguments were countered by equally pointed, often curt, observations by the apex court bench.

The proceedings on Monday began with the Chief Justice asking ASG Maninder Singh – who is appearing in the case on behalf of the National Investigation Agency (NIA) – on how Hadiya’s marriage with Shafin Jahan could be annulled in a Habeas Corpus petition.

Singh submitted that this is a case in which the girl has been indoctrinated and hence “court can invoke parental authority” though she is a major.

The Additional Solicitor General submitted that Akhila doesn’t want to be in the custody of her father, Asokan. A new application had been filed in the high court.

He said that as far as marriage is concerned “it is her personal consent. Who can say there is no free consent? I know my Lakshman Rekha and I am following the law. But the previous order passed by this court said the court has the authority to set the time of investigation. She married a criminal.”

The CJI asked: “Is there any law by which a girl can never fall in love with a criminal? I am really very surprised that her father wants custody of a major (she is now 25, was 24 when she married) person who is married to another major person.”

The ASG said: “We have to decide it within two or three hearings and the high court must know the fact that she does not want to be with her father.”

This is a critical part that the court would want to pay heed to. In a recent video made by social activist Rahul Eashwar in Kochi, Hadiya had said that her father was ill-treating her and that there was a threat to her life.  She has been quoted as saying in the video: “You have to get me out. I am sure I will be killed tomorrow or the day after. My father is getting angry, I know. When I walk, he is pushing me and kicking me. If my head or any body part hits somewhere and I die…”

The bench said thereafter: “Unless we call the person we cannot decide if she can express herself or if she has given consent. Then we can take a call. Prima facie you have to satisfy our constitutional obligation of producing her in court.”

Senior advocate Shyam Divan, who is appearing on behalf of Haditya’s father Asokan, reiterated the call for constitutional obligation. “When you talk about unity and diversity we are not going by impulse of society, but we will go by the law,” he said.

Arguing that “there is an organizational apparatus” operating for getting inter-religious marriages between Hindu girls and Muslim men operating, Divan said that this apparatus “consists of PFI and such organisations… They have students, preachers, psychologists etc and they radicalize impressionable minds.The question is do courts respond to such radicalization or do they remain silent?”

Leveling serious allegations against Hadiya’s husband, Divan told the top court that Shafin Jahan also questioned the antecedents of Hadiya’s has contacts with a person who recruits people for global terror outfit Islamic State.

Divan went on to submit that “Kerala has a huge contingent of people who have joined ISIS,” a contention that evoked sharp objections from senior advocate Kapil Sibal, who is appearing for Hadiya’s husband.

Asserting that Divan’s allegations against his client were “false and baseless”, Sibal said: “He (Divan) is saying that entire Kerala has gone to ISIS…the antecedents of Shafin Jahan had been investigated by the Kerala Police.”

The CJI, after hearing the heated arguments, directed Hadiya’s father to produce her on the next date of hearing, set for November 27.

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Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

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Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

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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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