The case of Hidiya AKA Akhila, the young woman from Kerala has hogged national headlines and given rise to numerous TV debates over the past several months. While some believe that this is a matter of ‘Love Jihad’ others are outraged that a court should see fit to intervene in the personal choices of an adult woman and issue directions in the matter concerning her personal and religious choices.
The incident took place in Kerala, where Ashokan Mani filed a Habeas Corpus petition (literally translates to “produce the body of”) in the Kerala High Court. He alleged that his daughter Akhila Ashokan had gone missing from college and that she had been forcibly converted to Islam and she was being confined illegally by two classmates – Jaseena and Faseena.
When Akhila was found, she said that she had been studying Islam for years and that she had followed the faith since 2012. She said that she had left her home of her own free will. It was pointed out that Akhila had been staying at the Satyasarani's hostel in Manjeri which is allegedly connected to Islamic conversions.
The case was dismissed by the court, however Ashokan Mani filed another petition. It was Akhila’s father’s case that his daughter was being radicalized and that he feared she would be drawn into terror activities backed by ISIS and so on. After this, Akhila married Shafeen Jahan in December 2016 and when the petition came up for hearing in January 2017, the marriage certificate was presented. At this time the court ordered the marriage to be annulled. Akhila – now Hadiya’s husband Shafeen challenged the High Court’s decision by approaching the Supreme Court.
Along the way, the country's terror investigation agency NIA also became involved in the matter since Hadiya’s father was alleging links to ISIS, camps in Afghanistan and other radical organisations.
The court ordered that the young woman “be returned” to her father’s house. Hadiya’s father says his daughter has been misguided. Hindutva supporters and far right groups say this was a case of Love Jihad. The court said "Marriage being the most important decision in her (Akhila)'s life can only be taken with the active involvement of her parents," and added that Hadiya’s marriage to Shafeen was of “no consequence in the eye of law”. Bizarrely the court added that “her husband had no authority to act as the guardian”.
Hadiya is 23 years old and is a student of Homeopathic medicine and surgery. It is inexplicable that anyone should think that an adult in her 20s should have a ‘guardian’. Following the marriage annulment, she was confined to her father’s home in virtual house arrest. Not only was her freedom to choose taken away from her, she was physically restrained as well. Hadiya was not allowed to go out nor was she allowed to meet journalists. “Is this what my life is to be” said Hadiya in a video captured by activist Rahul Easwar.
The Supreme Court is now seized of the matter and has asked for Hadiya to be brought to court. The court wants to know her mind; not direct her actions, it was clarified. The hearing will be on 27th November in open court.
It has taken this long for the judiciary to grasp one simple fact – Hadiya’s will and agency in the matter. All this while, two men are fighting for control over her life. Her father was demanding one thing and her husband the opposite. The court is deciding the matter.
This is awful at so many levels. Firstly, that the father thinks it’s OK for him to control the will and actions of his daughter. Secondly, that the judges seem to look upon the concerned young woman as chattel of some sort; to be taken from one and ‘handed over’ to another man. The infantilizing of an adult woman, treating her as though she is incapable of rational thought or action and the assumption that others know what is good for her is hugely problematic. Third is the assumption that if a woman chooses to convert to Islam or marry a Muslim man this must be through coercion, being misguided or because of some sort of sinister indoctrination.
It is unfortunate that matters such as these are sensationalised and that they feed people’s sense of paranoia and victimhood; particularly with regard to Islam and Muslims. Thankfully the court has finally seen fit to ask Hadiya what she wants instead of arguing and pontificating over her head. Hopefully the court – and all the men in her life will listen to Hadiya – or Akhila – when she speaks and respect her as the adult that she is.
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