Why the SC Decision in the Hadiya Case Sets a Terrible Precedent

The story of Hadiya, who earlier went by the name of Akhila has hogged national headlines and has featured in countless debates for many months now. Something that is essentially a family dispute has engaged the energies of the top judges of the country resulting in a decision that could have far-reaching impacts for matters of women’s rights, autonomy of the individual and personal liberties.

The Hadiya case timeline

From Kerala, Hadiya is a student of homoeopathic medicine at a college in Salem. At the time that she started her studies, she befriended Jaseela and Faseena Aboobacker. She became interested in the Muslim faith and Islamic customs. According to her, she has been following the Islamic faith since 2012. Hadiya’s father Asokan filed a Habeas Corpus writ in the Kerala High Court. At this time, Akhila told the court – as Hadiya – that she had converted to Islam. The father’s petition was dismissed.

Hadiya married Shafeen Jahan in December 2016. Her father filed another writ petition in the High Court, alleging that his daughter was being brainwashed by extremists. This time the Kerala High Court annulled the married between Hadiya and Shafeen and directed that Hadiya return to the home of her parents. This decision was challenged by Shafeen Jahan by way of a Special Leave Petition in the Supreme Court. The matter came up for hearing in November 2017. 

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