The court's statement that the issue of Hadiya Jahan's consent will be considered "prime" recognizes the basic right of all women to choose who to marry and what religion to follow.
Singh submitted that this is a case in which the girl has been indoctrinated and hence "court can invoke parental authority" though she is a major. The court directed that the Hadiya be presented before the court on November 27 at 3 pm.
Chennai: During the hearing of the Hadiya case, widely known as Kerala "love jihad" case, Chief Justice of India Dipak Misra on Monday asked, "Is there any rule in law that a girl can not fall in love and marry a criminal?"
It was alleged by her father that Hadiya was forcibly converted in what was a case of love jihad.
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"Indoctrination is an exception to free consent. She should not be confined in this manner, only a criminal can be", Supreme Court lawyer Karuna Nundy told Al Jazeera. The petition states that the girl was forcibly converted through Love Jihad and was being lured into joining the Islamic State in Afghanistan. "She is not a small kid to force her to go out", he said. In a recent video made by social activist Rahul Eashwar in Kochi, Hadiya had said that her father was ill-treating her and that there was a threat to her life. My father is getting angry, I can make out. If there are really 89 such cases in Kerala, suggesting a pattern of indoctrination and radicalisation as suggested by the NIA, investigators must bring out the truth. "They have students, preachers, psychologists etc and they radicalize impressionable minds.The question is do courts respond to such radicalization or do they remain silent?"
Misra, though, said, "The court does not go by the pulse or impulse of the society, but the law of the land".
Senior Advocate Kapil Sibal, appearing for husband Shafin Jahan, objected to the submissions.
The Supreme Court also turned down Hadiya's father's plea Monday that the proceedings on November 27 be conducted in-camera, saying the proceedings would be open.