Women are being soft targets to fulfill the vicious designs of the so-called jihadis. A legal perspective on Love Jihad
Prerna Kumari
The preamble of the Indian Constitution declares India to be a secular state i.e. a state that respects all religions and looks at all religions with a sense of oneness. The Fundamental Rights in part III of the Constitution imbibe in itself the essence of secularism.
The Article 15 of the Constitution prohibits state to discriminate against any citizen on the ground of religion, race, caste, sex, place of birth or any of them. Article 25 provides freedom of conscience and free profession, practice and propagation of religion but it is subject to public order, morality and health. Clause (2) of Article 25 gives the State the absolute power to exercise any legal action for regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practices.
The country has been constantly hearing the word “jihad”, since Mumbai attacks on March 12, 1993, with more than 1500 victims, the attack on Indian Parliament on December 13, 2001, and the list goes on with a total number of 9,982 incidents of terrorism in the name of “jihad”, the Holy war to protect Islam. But they were terrorists and not the common people of India. So, what is this “jihad” that is associated with “love” and is performed by common people of India and why are people so afraid of it?
A Case against
Love Jihad
Due to the recent case of Akhila”s (Hadiya, after conversion) marriage to a Muslim by name of Shefin Jehan the concept of “love jihad” has once again taken hype. The High Court of Kerala on the allegation by Akhila”s parents that the said man, Shefin Jehan, is associated with ISIS and planning to send their daughter to Syria, has instituted an investigation and allowed custody of Akhila to her parents.
Earlier, on August 16, 2016, Asokan K.M filed a petition with the Kerala High Court under the bench of Justice Surendra Mohan and Justice Abraham Mathew which nullified the marriage and had the following detailed observation.
“The normal youth is indifferent towards religion and religious studies. Though the possibility of genuine interest in the study of religion on the part of any person cannot be ruled out, such inclination is in the first place out of the ordinary. Though the young girl (Akhila) in this case is stated to have set out to study Islam, her study has been confined to merely attending a course of two months duration … What is it that has compelled her to abandon her studies, her parents and her family and to embark upon a pursuit of religious studies? The question of faith and religion are matters of personal conviction and this court does not consider it necessary to interfere in such matters that are personal to Ms Akhila. However, what concerns this Court is the decision of hers that she does not want to live with her parents. She has no idea as to what she wants in life. She appears to be under the control of someone else. It is evident that she has been indoctrinated and influenced by persons whose identities have not been ascertained. An attempt is made in these proceedings to give an impression that all the other players involved have acted only on the request of Ms Akhila. Such a story is unbelievable”.
The court further goes on with its observation on the marriage of Akhila to Shafin Jahan “He is a leader of the SDPI, a party linked to the banned Students” Islamic Movement of India (SIMI) and also accused in a criminal case. No prudent parent would decide to get his daughter married to a person accused in a criminal case. This is for the reason that, the possibility of such a person getting convicted and being sent to jail cannot be ruled out. It is clear that Shafin Jahan is only a stooge who has been assigned to play the role of going through a marriage ceremony. The alleged marriage is only a sham and is of no consequence. We further take note of the fact that Shafin Jahan’s mother is already in the Gulf. He was also working in the Gulf and is desirous of going back. Therefore, left to him, he would have transported Ms.Akhila out of the country. Ms.Akhila is the only child of her parents. The forces operating from behind the curtains have succeeded in creating hostility in the mind of Ms Akhila towards her parent.” The court finally ordered the custody of Akhila to her parents and also ordered a full-fledged investigation in the matter.
In contravention of this, Shafin Jahan filed a petition in Supreme Court for restitution and the court refused to annul the judgment of Kerala High Court and has ordered an NIA inquiry into it as the case now has a new angle related to global terrorism. “Everyone wants a fair probe. We can appoint a retired Supreme Court judge. There are some serious remarks by the High Court that need to be looked into,” the Supreme Court”s division bench of Chief Justice JS Khehar and Justice DY Chandrachud said.
NIA?Sees a Pattern in All Cases
It has come as a shock to the so-called humanitarians and secularists that even Supreme Court viewed the whole matter with an eye of suspicion and not respected Akhila”s ‘rights’. But, here one question is worth pondering. Which is more important— rights of individual or security of the nation which in turn relates to lives of crores of individuals. The court is not that insane to interfere into the rights of individuals but it clearly stated that due to “serious remarks” by the High Court, a fair enquiry is needed. As per the latest updates, a dedicated team of NIA headed by an IG Alok Mittal has finally submitted a 22-page report in a sealed envelope to the Supreme Court. It is learnt that NIA told the apex court that love jihad is for “real”. “There is a systematic pattern to convert Hindu girls and get them married to Muslim men which appears to be a larger conspiracy of conversion,” NIA informed the Supreme Court. It is also learnt that NIA gave a reference of Athira”s forced conversion case of 2016 in which NIA had launched a preliminary enquiry in July 2016, and submitted a report to the Kerala HC a month later in August. The conclusion drawn by the agency was the same- jihad in the name of love was being carried out systematically, and accordingly, a criminal case was filed.
India has seen many incidents where women have been used as tools to spread terror in name of marriage and love. The incident of Late Prime Minister Rajiv Gandhi’s murder is one of the best examples. The longevity of emotional brainwash that made Thenmozhi Rajaratnam also known as “Dhanu” brought her to verge where she committed suicide bombing in the name of a just war for Sri Lanka. Now, once again it seems women are being aimed as the soft target to fulfil the vicious ambitions of these so-called jihadis.
The so-called humanitarians and the secularist brigades have been criticising the judiciary for not respecting the rights of Akhila. But the court is empowered to interfere in any person”s Fundamental Rights in reasonable capacity for sake of public order and security.
In conclusion, it can be said that the judiciary is taking precautions and waiting for a clean report in the case to restore Akhila to her married life. The orders are not the final verdict and the investigation is in the process which is the legal procedure in any case where new allegations and evidence are produced. It would be very narrow to question judiciary on this matter without the final verdict and also myopic to judge the issue of systematic conversions merely as a matter of individual rights.
(The writer is a lawyer practicing in the Supreme Court of India)
