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Love-jihad case: Supreme Court sets aside Kerala HC order, restores Hadiya-Shafin marriage



Love-jihad case

[vc_row][vc_column][vc_column_text]Apex court also said that in case any criminality is found, the National Investigation Agency is free to investigate

The Supreme Court on Thursday, March 8, set aside the Kerala High Court order that annulled the marriage of adult Hadiya with another adult, Shafin Jehan, saying Hadiya was free to pursue her future endeavours in accordance with the law.

After this, Hadiya’s marriage to Shafin stands legally valid again.

In what became famous as the “love-jihad” case, on May 24, 2017, the Kerala High Court had nullified her marriage with Shafin Jehan, sent her to her parents’ custody and ordered a probe into it the so-called ‘love jihad’.

After hearings concluded on Thursday, the Supreme Court’s three-judge bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, in its order allowed appeal but set aside the order where marriage has been annulled while hearing a habeas corpus writ under 226.

The court, however, said that the National Investigation Agency (NIA) probe into alleged cases of Islamic conversion in Kerala by a “well-oiled network” would continue.

The case of the marriage of Hindu girl Hadia, original name Akhila, to a Muslim youth Shafin Jahan created ripples across judicial circles, especially after the Kerala High Court unilaterally annulled their marriage and sent Hadia back to her parents’ house. The issue of whether any court of law or any other third party can declare void a legal wedding of two consenting adults was a problematic issue that the Supreme Court took some time to resolve, because of the extenuating circumstances woven around it.

Hadia’s father Asokan has claimed that Jahan’s principal intention was to recruit his daughter to take her to Syria as a sex slave, or to join a jihadi movement. Even the NIA has become involved in this (the Supreme Court ordered it), having submitted a report on supposed “recruitments” by alleged ISIS recruiting agents. Jahan has been termed as one of them, say allegations. The court was to decide if this was a case of simple love-jihad or a case of planned human trafficking.

The Court had set up a committee to look into this with the help from NIA, but the head of that committee, retired Supreme Court judge, Justice RV Raveendran, in last August turned down the offer. Shafin had thereafter appealed the Kerala High Court verdict.

During the hearing on Thursday, senior advocate Kapil Sibal raised two preliminary objections. He said: “It was a regular habeas corpus writ. So how does the question of validity of marriage arise? How can the high court nullify the marriage?

“Secondly, no third party can move court in order to nullify a marriage which has taken place between two consenting adults,” he said.

Senior counsel Shyam Divan said: “In an appropriate case the high court may annul a marriage. It has the inherent jurisdiction.”

The CJI asked: “Can the court interfere with consensual obsession?”

Justice Chandrachud said: “We cannot completely rule out interference while nullifying the marriage. In exceptional cases the court can. For example, when a 16-year-old girl marries an 80-year-old man because she is poverty stricken or is being coerced. The court can then interfere whether the girl challenges such a marriage or not. This is an extraordinary situation, where trafficking is taking place.”

The CJI asked: “Can you nullify marriage under 226? I have never come across such a situation. We cannot go into the neurological aspect of consent by an adult of sound mind.”

Then the CJI told Additional Solicitor general Maninder Singh: “You can proceed with your investigation without touching the aspect of marriage. If marriage is a disguise to commit a crime, you can hold the person and proceed with the investigation. But whether the marriage is a disguise or not is a separate issue.”

Justice Chandrachud said: “Hypothetically, if the girl wasn’t married, can the court compel the girl to return to her father? No. While hearing a habeas corpus writ under 226, the aspect of marriage won’t have any significance.”

The ASG said: “If a marriage is free and valid, the state or the court has no role. But if prima facie investigation reveals otherwise, in that case what should be the status and role your lordships may decide. I’m not making any submission on that regard. Your lordships can guide us in this case and in future ones.”

Sibal said that the Kerala High Court report came after the order that no offence is made out. These are not scheduled offences.

Divan said: “It is a marriage fraud, therefore it is within the state interest to protect the victim. There was fraud within the marriage, therefore the sanctity of marriage can be invoked in this case?”

The court said: “We are not concerned with the offences here.”

The ASG said: “This is not the case of a love-marriage, but marriage on the basis of an online portal. Under section 153 A, 295A, 107 of the IPC and 57 of the Kerala Police Act an FIR had been registered. She did not mention  about her marriage earlier on Facebook, although she is very expressive about her personal life there.”

Divan also mentions other cases where similar modus operandi have been used, saying that this was an organizational racket. “Conversation was there, in which she expressed her desire to go to Syria and her husband wanted to send her to Yemen. The high court noticed that a pattern was taking place where young women were being trafficked in a similar pattern. There were already similar cases before the high court. Thus the high court declared the marriage bogus.

“The high court looked into the matter with additional dimension. Facebook posts etc are enough to invoke the jurisdiction of the high court. As it is a case of marriage fraud and trafficking, can a constitutional body remain mute in such cases?”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1520506473871{padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #cccccc !important;border-radius: 10px !important;}”]THE TIMELINE

The basics

Akhila is 56-year-old retired Armyman K M Asokan’s only daughter. Her mother’s name is Ponnamma. She is from TV Puram in Kerala’s Kottayam district. She was a mediocre student at the Government Higher Secondary School there and cleared her higher secondary exans on her second attempt. She then joined the private Sivaraj Homeopathy Medical College & Research Institute in Salem, Tamil Nadu, 400 km from her home. She was 18 at that time. She met Shafin on an online marriage site and they were married in 2016. Asokan did not accept this and went to court.

In courts

May 2017: Kerala High Court annuls her marriage. Asokan’s allegation was that Jahan was trying to recruit her for terror activities and take her to Syria. The court sends Hadiya back to her father’s house.

August 16, 2017: Supreme Court orders NIA probe into the case. On camera, Hadiya reiterated that she wanted to stay with her husband and nowhere else. On October 27, in a video recording, Hadiya alleged that she could be killed by her father any moment.

October 30, 2017: Supreme Court orders Asokan to take Hadiya to the apex court. By that time Hadiya was 24.

November 6, 2017: National Commission For Women Meets Hadiya an reported that she was safe and not subjected to any abuse.

November 14, 2017: Asokan denies permission to Hadiya to meet Kerala Women’s Commission

November 15, 2017: Jahan approaches police to seek Hadiya’s safety

November 21, 2017:  Hadiya’s father demands that Supreme Court hold in-camera hearing. Before this the NIA had interrogated Shafin for six hours.

November 24, 2017: Hadiya reiterates that she had married of her free will.

November 26, 2017: Asokan’s lawyer says Hadiya “does not have an independent mind” and that she has been “brainwashed”.

November 27, 2017: Hadiya to testify in Supreme Court.

March 8, 2018: The apex court verdict[/vc_column_text][/vc_column][/vc_row]

India News

Gandhi Jayanti: President Droupadi Murmu, PM Modi pay tribute at Rajghat

Mahatma Gandhi’s influence is global and inspiring the entire humankind to further the spirit of unity and compassion, said PM Modi.



Gandhi Jayanti

On the occasion of the 154th Gandhi Jayanti, President Droupadi Murmu and Prime Minister Narendra Modi paid flowers to Mahatma Gandhi at Rajghat in the nation’s capital on Monday.

According to the PM Modi, Mahatma Gandhi’s influence is global and inspiring the entire humankind to further the spirit of unity and compassion. He also led the tributes to Gandhi on social media.

PM Modi wrote on X, formerly Twitter, he bows to Mahatma Gandhi on the special occasion of Gandhi Jayanti. PM also appreciated Gandhi’s teachings as he wrote, his timeless teachings continue to illuminate our path. He further said, may we always work towards fulfilling his dreams. May his thoughts enable every youngster be the agent of change he dreamt of, fostering unity and harmony all over, the Prime Minister added.

At Rajghat, vice president Jagdeep Dhankhar and Lok Sabha speaker Om Birla offered floral tributes to Mahatma Gandhi.

Congress President Mallikarjun Kharge, presented floral tributes at Rajghat and said Mahatma Gandhi is not just an individual, but an idea, an ideology, and the moral compass of our great nation.

The congress president shared a post on X, in which he saluted Bapu’s values and ideologies as he wrote, his ideals of truth, non-violence, freedom, equality and coexistence have eternal value. We bow in reverence to Bapu’s ideals on his Jayanti.

Meanwhile, the Congress party’s official X account posted, on Gandhi Jayanti, we pay a billion tributes to the Mahatma, whose lifelong commitment to the cause of freedom won India her Independence. Let us promise to continue following his principles, which are the cornerstone of our country and are peace, unity, and nonviolence.

Gandhi Jayanti, observed annually on October 2, commemorates the birthday of Mahatma Gandhi. To remember the values of nonviolence and tolerance that Mahatma Gandhi stood for, the day is also observed as the International Day of Nonviolence.

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Gandhi Jayanti: Interesting facts, quotes and wishes to share with friends and family

The birthday of Mahatma Gandhi is also celebrated as International Day of Non-violence across the globe to commemorate the non-violence policy of Gandhiji. 



Gandhi Jayanti

Gandhi Jayanti is celebrated every year on October 2 to honor the birthday of Mahatma Gandhi, fondly known as the Father of the Nation. Indians across the world pay homage to Mahatma Gandhi through several activities including prayer meetings, cultural events, and cleanliness drives. The day is celebrated to promote Mahatma Gandhi’s teachings and their relevance in today’s world. 

Interesting facts about the Father of the Nation:

The birthday of Mahatma Gandhi is also celebrated as International Day of Non-violence across the globe to commemorate the non-violence policy of Gandhiji. 

Mahatma Gandhi was nominated for Nobel Prize five time but never won the award

He was listed as the Person of the year’ in Times Magazine in 1930

Before taking vows of celibacy, Mahatma Gandhi already had four sons

Mahatma Gandhi was married during his teenage to Kasturba Gandhi, who was 14 years old

Quotes by Mahatma Gandhi:

The future depends on what we do in the present

It is easy to stand in the crowd but it takes courage to stand alone

Our greatest ability as humans is not to change the world, but to change ourselves

Service without humility is selfishness and egotism

It does not require money to live neat, clean and dignified

Satisfaction lies is effort, not in the attainment

Hate the sin, love the sinner

Be the change you are trying to create

There us a sufficiency in the world for man’s need but not for man’s greed

Those who know how to think needs no teachers

What barrier is there that love cannot break?

Wishes to share on Gandhi Jayanti:

Lets uphold the values of truth and nonviolence set out by the man who guided us to freedom. Greetings on Gandhi Day!

I hope you have a day full of Gandhi’s wisdom and the willpower to follow his example. Greetings on Gandhi Day!

May Gandhiji’s principle continue to motivate us to strive for a more equitable and peaceful world

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India News

PM Modi joins fitness influencer Ankit Baiyanpuriya in Swachhata Hi Seva campaign | Watch here

Taking to X, formerly known as Twitter, PM modi shared a video of him doing the cleanliness work with the influnecer.



PM Modi

A day before Gandhi Jayanti, PM Modi participated with fitness influencer Ankit Baiyanpuriya in participated in the Shramdaan for cleanliness campaign as part of the Swachhata Hi Seva campaign.

Taking to X, formerly known as Twitter, PM modi shared a video of him doing the cleanliness work with the influnecer. Sharing the video he wrote, today, when the country focused on Swachhata, Ankit Baiyanpuriya and he did the same! Beyond only hygiene, they included wellness and fitness in the mix as well. It is all about that Swachh and Swasth Bharat vibe.

PM Modi can be heard asking Ankit in the video that how the Swachhata mission will benefit his physical health. Ankit responds, it’s up to us to maintain our environment clean. They’ll stay in shape if it stays clean.

Ankit added that Sonipat’s residents have been emphasising hygiene.

Fitness influencer Ankit Baiyanpuria, a former desi wrestler from Bayanpur, Sonipat, has earned notoriety for his advocacy of conventional and regional training techniques.

Ankit gained fresh notoriety earlier this year when he introduced the strenuous 75-day Hard Challenge to improve his mental toughness and self-control.

Ankit, who was raised by labourer parents, is well known on social media for his flawless training methods and distinctive routines that not only prioritise physical fitness but also encompass mental well-being with books like the Bhagavad Gita.

Ankit had to change his strategy in 2022 after dislocating his shoulder while participating in mud wrestling. He started documenting his fitness progress on Instagram.

He first learned about Andy Frisella’s 75-day Hard Challenge while learning fitness. In just 28 days, Ankit has accumulated more than 2.5 million followers! Ankit now has 4.9 million Instagram followers.

Leaders from all over the nation participated in the Shramdaan for Cleanliness session as part of the Swachhata Hi Seva campaign on Sunday after Modi urged citizens to participate in a cleanliness drive on October 1.

A number of Union ministers and MPs were spotted taking part in the nationwide cleanup effort for the Swachhata Hi Seva campaign, including BJP leader JP Nadda and Union home minister Amit Shah.

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