Love Jihad: Supreme Court asks NIA, Kerala to submit proof

New Delhi: The Supreme Court on Friday issued notice seeking the response of Kerala, the NIA and the father of a Hindu girl, converted to Islam and whose marriage with a Muslim youth was nullified, to produce records to show whether the Muslim boy had IS links. Acting on a petition filed by girl’s father, the High Court had held that the marriage reportedly held according to Isla-mic rites on December 19, 2016, “as a sham and being of no consequence in the eye of the law.”  The HC had also held that the girl was brought up as “a Hindu in accordance with the faith of her parents” and that “she was indoctrinated by persons whose identities have not been ascertained.” It was felt that the marriage was part of a “love jihad” culture. 

A bench of Chief Justice J.S. Khehar and Justice D.Y. Chandra-chud hearing an appeal from the Muslim boy, Shafin Jahan seeking custody of his Hindu wife, asked the woman’s father to produce all the records in a week’s time to substantiate his claim that the girl was associated with some organisation, which works for conversion of religion.  The CJI told senior counsel Kapil Sibal and Indira Jaising “the facts are serious and we want to examine the records.” When both the counsel insisted that the court should pass an order asking the girl’s father to produce her in the court, the CJI sought an undertaking from senior counsel Madhavi Divan, appearing for the father to give an undertaking that as and when the court would require his daughter’s presence in the court, he will produce her within 24 hours.

Ms Madhavi Divan argued that there are sufficient records that she was under the influence of a radical organisation for conversion of religion. She said the facts are far more serious than what meets the eye. The girl had been radicalised and indoctrinated by persons who had affiliation with terrorist elements in Syria. The girl had indicated that she wanted to do farming in Syria and this would show that she had been indoctrinated. She said it is not an isolated case as there is a finding that there had been a systematic radicalisation of persons to change their religion. Mr Sibal and Ms Jaising sought the production of petitioner’s wife Akhila alias Hadiya, besides seeking stay of the High Court’s impugned order of May 24.

They also sought restoration of the wife back to the petitioner on the ground that their marriage was valid and they were both major and consenting adults. The petitioner said the High Court had rendered the decision despite the girl filing an affidavit and personally testifying before it that that she had voluntarily converted to Islam due to her liking for that religion and only thereafter chose to marry Shafin Jahan through a marriage bureau. Further the petition stated that by three earlier separate orders of January 25, 2016, September 27, 2016 and again on November 11, 2016, the High Court had taken a view that there was no forcible marriage and the girl had willingly converted to Islam and had entered into wedlock.

Despite the said findings, he said the High Court on May 24 nullified the marriage, without any evidence to establish the alleged ISIS/terrorist links or love jihad allegations the petitioner submitted. Following this girl’s parents had taken her away and the whereabouts are not known. Besides fearing threat to the girl’s life, the petitioner claimed that the present dispute pertains to the right of a consenting adult to profess the religion of his/her choice and marry an individual of her choosing as both rights falling under the purview of Articles 21 (right to life and liberty) and 25 (freedom of religion) of the Constitution.