Supreme Court has ordered an investigation by the National Investigation Agency (NIA) into a possible “conspiracy” of “love jihad”.
What is the case?
The case involves the marriage of a 24 year old Hindu girl who converted to Islam before wedding a Muslim man.
She has told the court that she converted to Islam of her own will.
The girl’s father had argued that his daughter had come under the influence of radical Islamists.
This is made at the backdrop of allegations of widespread radicalisation in Kerala.
Kerala High Court had annulled their marriage earlier, condemning it as "love jihad".
The case subsequently taken to Supreme Court which has ordered an NIA probe into the case.
Is the issue handled properly?
The whole issue seems to have got muddled communal narrative over an individual’s rights and freedom.
HC order - The girl is an adult.
Yet the HC made an odd observation that the woman’s marriage required the involvement of her parents, as she is still at a “vulnerable age”.
It enforces the widespread patriarchal understanding of women being the forever wards and property of their parents or any other male.
Allegations were made over her husband having links with the Islamic State extremists on the basis of his WhatsApp groups.
However, police investigation had not found any criminal element in this regard.
SC order - The question before the court is the correctness of the Kerala HCt’s decision to annul her marriage and to adjudicate if her conversion and marriage are voluntary.
But, the Supreme Court has ordered NIA to inquire into whether Hindu women in parts of Kerala are being radicalised.
This seems to be arbitrary and invites suspicions of judicial overreach.
It is also erroneous to task an anti-terrorism investigative agency to ascertain the truthfulness of religious conversions.
Supreme Court seems to have placed a judicial curtailment on her free choice and has failed to fulfil its commitment to protect her freedom of religion and movement.
