Hadiya aka Akhila, who is kept under house arrest for renouncing Hinduism and embracing Islam, has appealed the world to rescue her from the atrocities of her father, who is desperately trying to portray her marriage with a Muslim man as so called ‘love jihad’.
Even though Supreme Court of India has questioned the controversial decision of Kerala High Court, which forced 24-year-old Hadiya to stay with her father, the authorities concerned have failed to rescue her so far. The High Court had also declared Hadiya’s wedding with Shafin Jahan as “null void”, though she has clarified that she would continue to be his wife.
Hadiya’s father KM Ashokan (57) is not allowing any of her friends or well-wishers to meet her. In last few months many Sangh Parivar activists have visited his house to convince her to shun Islam and return to Hinduism, but in vain. Rahul Easwar, who recently visited Hadiya, has now released a video, in which she exposed the brutality of her father.
Rahul, who showed only a small portion of the video taken by him, to media persons, said that his intention behind video is to convince the court to handover her to a third party instead of sending her along with her husband or asking her to stay with her father. It is worth mentioning here that Rahul is known for his pro-Hindutva stance.
“I know my father is getting angry...He hits and kicks me when I walk… He may murder me anytime…You need to get me out...” Hadya said in the video. Ruhul hastened to pause the video when Hadiya said, "What if my head or any part of my body hits somewhere and I die..."
Background
Ashokan, an ex-serviceman filed Habeas Corpus petition before the Kerala High Court on January 25, 2016 when he found that his daughter Akhila (now Hadiya) was missing from the campus she studied. She was a student of the Bachelor of Homeopathic Medicine and Surgery course in Salem.
In his petition, Ashokan alleged that his daughter was forcibly converted to Islam and sought the help of the court to find her. Ashokan named two of Akhila's classmates Jaseena Aboobaker and her sister Faseena - residents of Perinthalmanna - as the persons behind her disappearance from the campus under mysterious circumstances.
Ashokan said in his petition that Akhila and eight other friends including Jaseena and Faseena were staying in a rented house near their college in Salem. They used to visit her friends' home in Perinthalmanna during holidays.
Daughter was afraid of Hindu father
Ashokan mentioned in his petition that he noticed some behavioural changes in her daughter when came home to attend her grandfather's funeral in December 2015. Ashokan said that Akhila was not ready to perform Hindu rituals.
On January 6, 2017 Ashokan received a phone call from the father of one of Akhila's classmate informing him that his daughter was seen wearing veil and that she was converted to Islam.
The news was a shock to Ashokan. Family members passed information to Akhila that her father suffered a mild heart attack because of her. However, she was not ready to visit father as she was afraid that he may not allow her to follow Islam.
Father’s lie and daughter’s clarification
Ashokan later told police that Akhila had informed him that she was being forcibly held by people including Jaseena and Aboobacker. Ashokan claimed in his petition that those people were engaged in forcible conversion of vulnerable youths of other faiths.
On the complaint by Ashokan, police began probe. Hadiya was found but she submitted an affidavit before Perinthalmanna police that she was following Islam since 2012 and had willingly left her home. She rubbished the allegation made by her father and family members.
Hadiya told the police officials that she joined a course run by Tharbiathul Islam Sabha, Kottackal in Malappuram to learn Islam and shifted her residence to Satyasarani in Manjery - an Islamic Institution.
According to her affidavit, Hadiya stayed in Aboobacker's home for a brief period. Hadiya later shifted to Satyasarani's hostel for girls and completed her course. Satyasarani introduced her to Sainaba from Ernakulam and started staying with her after her father filed Habeas Corpus petition.
First order of High Court
Hadiya told the court that she was not under any illegal confinement against her free will. She also told the court that she was not willing to go to her father's house. She insisted that she wanted to pursue her Islamic studies at Satyasarani.
In June last year, the Kerala High Court allowed Hadiya to stay with Sainaba. Later Hadiya informed the court that she had taken admission in Satyasarani and produced records of her admission in the religious institution. Consequently, Kerala High Court dismissed the Habeas Corpus petition filed by Ashokan Mani.
Father drags ‘terror’ angle
The June 2016 order of the Kerala High Court should have been the end of the matter. But, ex-soldier Ashokan Mani decided to file habeas corpus petition. Ironically, this time he raised terror angle!
Ashokan alleged that her daughter was converted to Islam at the behest of the ISIS. He feared that Hadiya might be taken out of India to join the ranks of Islamic State in Afghanistan.
Ashokan mentioned about two separate cases of women vanishing from Kerala allegedly to join the ISIS terrorists in Afghanistan after they were converted to Islam and married to Muslim men.
Twists and Turns
The Kerala High Court, at first, was not impressed with the reference to the ISIS. The court asked Ashokan's lawyer CK Mohanan to delete the reference to the ISIS in his petition as it was irrelevant.
But, Mohanan was insistent and argued that Kerala police were investigating a case of missing 21 persons from the state. They are suspected to have been taken to Afghanistan. A heated exchange took place in the open court between the lawyers and the bench.
Justices PN Ravindran and Justice Dama Seshadri Naidu slapped ordered contempt proceedings against lawyer Mohanan in 2016. The court pronounced him guilty in the case and sentenced him to three months imprisonment and also imposed a fine of Rs 1,000.
Ashokan assured the court that he would not engage Mohanan in future. The high court shifted Hadiya from the custody of Sainaba to SNV Sadanam, Ernakulam - a ladies' hostel.
Meanwhile, Hadiya got married to Shafeen Jahan of Kollam in December last year. The matter came up in January this year before the Kerala High Court, which was hearing the second Habeas Corpus writ filed by Ahokan.
Hadiya produced marriage certificate issued by Puthur Juma Masjid in Malappuram and marriage registration certificate by local panchayat authorities. But, the Kerala High Court has declared both the marriage and the certificates as invalid.
Why HC nullified wedding?
The court in its judgment said that the marriage was done by strangers and her parents did not participate in the function. "Marriage being the most important decision in her (Hadiya’s) life can only be taken with the active involvement of her parents," the Kerala High Court observed.
"The marriage, which is alleged to have taken place, is a sham and is of no consequence in the eye of law. Her husband has no authority to act as the guardian,” the court further remarked.
Supreme Court’s observations
Shocked by High Court order, Hadiya’s husband appealed to Supreme Court against the arbitrary nullification of the wedding. Though the Supreme Court questioned the High Court controversial judgment, it has not yet delivered its verdict. October 3, the SC also observed that prima facie it was of the view that the father can’t hold custody of his 24-year-old girl. Meanwhile it also asked the National Investigation Agency to probe the marriage.
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