Sunday, October 15, 2017

An Adult Individual's right to Marry

Hadiya's case is the latest in the series of love jihad-related events. We are not going to check the merits or demerits of other cases, as it is not relevant to this scenario. The question here is, whether Kerala High court went overboard in annulling the marriage of Hadiya (aka Akhila) with Shafin Jahan.

Main points here are, Constitution of India allows willing adults to marry. Second thing is, constitution also allows people to believe in any region they choose. Of course, there are some conditions. But, in this case, Hadiya (aka Akhila) is an adult and also stated that their marriage is not a forced one. As far as the media reports go, she is psychologically sound. In addition to that, as per her own statement, she accepted Islam willingly. Hence, she is within her rights to marry a person of her choice and change religion. Which implies, the high court decision was not correct.

Love jihad may be real or imaginary. Even if it’s real, then also I don’t think courts have the right to annul a marriage unless husband (and)or wife submit a request for the same. Hope that Supreme Court will correct HC judgment.

For background stories and other details please read the links given in references section.



1. Her journey from Akhila to become Hadiya - IE
2. The Jurisprudential Conundrum Of Hadiya Case - LiveLaw
3. Activists Write to Kerala CM, Women’s Commission on Hadiya Case - TheWire
4. Ruckus halts SC hearing on Hadiya case - The Hindu

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