On what basis did a court decide that a marriage between two consenting adults should be annulled because of allegations by a third party?
This is the question that Chief Justice of India JS Khehar and Justice Chandrachud should have been asking while hearing an appeal against a judgement of the Kerala High Court, which had annulled the marriage between 24-year-old Hadiya (formerly known as Akhila Ashokan) and 27-year-old Shafin Jahan, on the basis of a petition filed by Hadiya’s father.
Instead, the two judges of the Supreme Court decided to ask the National Investigation Agency (NIA) to investigate the case, with a view to determine whether Hadiya was influenced as part of a broader programme that converts women to Islam so that they can marry Muslim men – what the RSS and BJP call “love jihad”.
Now this may not seem so bad to you. After all, the girl’s father is alleging that she was forcibly converted. He’s alleging that he thinks his daughter may move abroad now, to the Gulf or elsewhere, possibly into the clutches of terrorist organisations. There are also allegations that her husband may have ties to people and organisations that may be linked to terrorists.
But you know what? None of those things affect the validity of a marriage between two adults. The courts should never have entertained this case, and they have no authority to annul the marriage under the given circumstances. What’s worrying is, by not taking a decisive stance against this kind of meddling, the Supreme Court is setting a truly dangerous precedent.
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