From: Sumanta Banerjee (on John Dayal's FB wall) <<But the Supreme Court should order the release of the woman [Hadiya] from the custody of her Hindu parents, where she is being tortured and sedated - according to her own claims. The court in fact should authorize some officially recognized woman's home in Kerala to take custody of the woman immediately (to prevent further torture) or at least a week - if not a fortnight - before she is produced before the court, and be allowed to present herself on her own (with the help of a lawyer, if she chooses) before the apex court , so that she can make a statement - free from her parental pressures. We should campaign on this demand, as also oppose the NSA' s (read: NIA's) refusal to allow her to be produced before the Supreme Court.>>
END Sukla On 31 October 2017 at 12:28, Sukla Sen <[email protected]> wrote: > > [<<“We are inclined to modify the order dated 16th August and is directing > the presence of the daughter of the 1st respondent at 3PM on 27th November. > We may further add that this court shall speak to her not in-camera but in > open court”>> > > (Source: <http://www.livelaw.in/breaking-sc-orders-hadiyas- > production-know-mind-stiff-objection-nia-father-brushed- > aside/#.WfbbpU3BAhQ.facebook>.) > > That's undoubtedly a very remarkable and welcome departure from the stand > taken by the earlier Supreme Court bench, not to speak of the Kerala High > Court, on this case. > > What, however, one finds utterly puzzling is why the Court, on Monday, has > given one month's time to produce Hadiya, currently under her parents' > "custody" in Kerala. > In fact, she could have had very well been produced Wednesday, even if not > today, Tuesday, had the Court so directed. > > This one (full) month, one can very well imagine, ther (custodian) family > will put to rather good use. > She may be subjected to a range of treatments, stretching from brutal > physical torture (beating, denial of food and use of toilet etc.) to > emotional blackmail (mother'd commit suicide and such) likes. > Maybe all at the same time, by different palyers playing different roles. > Even drugging and subjecting to hypnotic suggestions cannot be ruled out. > And, in this ("righteous") venture, the "family" would be duly mentored > and backed up by the Hindutva Brigade. > Maybe even the NIA. > > Of particular relevance: <<"It is a well-oiled machinery. Consent is > manipulated by indoctrination, radicalisation. In fact, people with > Hypnotic expertise have been employed to manipulate young women," says NIA > to the Supreme Court (on Monday).>> > (Source: <http://www.news18.com/news/india/supreme-court-live- > constitution-bench-to-hear-pleas-against-aadhaar-linking- > govt-wont-extend-deadline-1560875.html>.) > Also of relevance: <<Earlier, in a video released in August, Hadiya was > heard pleading with activist Rahul Eashwar to help end her confinement. > "Get me out of here. Today or tomorrow, I am going to die. I am sure about > this. My father is getting angry, I can make out. He pushes me, stamps at > me," says the 24-year-old. Hadiya has been living with her father after the > Kerala High Court annulled her marriage to Shafin Jahan in May this year > and ordered her to return to live with her parents in Kottayam.>> > (Source; ibid.) > > Maybe, for a clue we're to look here: <<“We will be failing in our duty if > we do not take on record the submission of ASG Maninder Singh and Senior > Advocate Shyam Divan that in a case of present nature when there is > sufficient material on record and a pattern of indoctrination the choice of > the (adult) person may not be treated as absolute”>> > (Source: <http://www.livelaw.in/breaking-sc-orders-hadiyas- > production-know-mind-stiff-objection-nia-father-brushed- > aside/#.WfbbpU3BAhQ.facebook>.) > > So, the window of one month allows a good opportunity for > counter-indoctrination, by whatever means.] > > https://scroll.in/article/856014/though-supreme-court- > wants-to-hear-hadiya-it-has-allowed-her-forcible- > confinement-to-be-prolonged > > LOVE JIHAD > > Supreme Court wants to hear Hadiya but allows her forcible confinement to > be prolonged > The case has attracted widespread attention because Hindutva supporters > claim that the Kerala woman is a victim of so-called love jihad. > > by Sruthisagar Yamunan > > Published Yesterday · 08:46 pm > > The Supreme Court on Monday said on Monday that it would question Kerala > woman Hadiya in the open court on November 27 about whether her marriage to > a Muslim man occured with her consent. In May, the Kerala High Court had > annulled the marriage. > > Hadiya’s case has attracted nationwide attention because Hindutva > activists have claimed that it is a case of so-called love jihad – a > campaign waged by Muslim men to woo Hindu women in order to convert them to > Islam. Hadiya, who was born Hindu, said she converted to Islam willingly > before her marriage. But her father, Ashokan, alleged that her former > husband Shafin Jahan was conspiring to take his daughter to Syria to fight > for the Islamic State group. > > He filed a habeas corpus petition in the Kerala Court. The court > eventually annulled Hadiya’s marriage and ordered her to return to her > parents’s home under police guard. > > But on October 3, the Supreme Court wondered how a High Court could annul > a marriage using its special powers under Article 226 of the Constitution, > which was framed to help the court protect fundamental rights. The > annulment of a marriage requires a civil trial. > > On Monday, Chief Justice of India Deepak Misra made it clear that the > court would decide on the matter only after hearing Hadiya in person. The > bench dismissed her father’s plea to conduct the proceedings in camera and > ordered him to produce his daughter at 3 pm on November 27. > > ‘Pattern of indoctrination’ > In the course of Monday’s proceedings, Misra asked the lawyers appearing > for Ashokan and the National Investigation Agency if there was any legal > bar to an adult woman in falling in love with a criminal. The NIA had been > brought into the picture by a bench headed by former Chief Justice JS > Khehar on August 24, when it asked the agency to investigate whether there > was a larger trend of religious indoctrination in Kerala. After Misra as > chief justice took over, the court’s position changed. The new chief > justice even asked if there was any scope in law for the Supreme Court to > move beyond the proceedings in the High Court and order an NIA probe, which > was mentioned neither in the petition moved by Hadiya’s husband Jahan nor > in the High Court order. > > On Monday, the lawyers for the NIA and Ashokan argued that there is > material relating “to a pattern of indoctrination” and that the choice of > the individual in question “should not be treated as absolute for guiding > the jurisdictional spectrum of habeas corpus”. The court refused to accept > this. It said it would hear Hadiya in person to determine her position. The > court had said on October 9 that consent was the most important determinate > factor in the case. > > Despite the positive signals in Monday’s proceedings, the fact remains > that Hadiya will continue to be under forcible confinement at her father’s > home. The Supreme Court in its Monday order did not elaborate on why this > should continue and extended the police protection given to Hadiya and her > family till the next hearing. > > Last week, Rahul Eswar, an activist in Kerala who met Hadiya at her > father’s home, released a video of the conversation he had with her. In the > edited video, Hadiya said her father was threatening her life. She claimed > he was physically assaulting them. > > She said: > > “You have to get me out. I am sure I will be killed tomorrow or the day > after. My father is getting angry, I know. When I walk, he is pushing me > and kicking me. If my head or any body part hits somewhere and I die….” > > Eswar said he had not released the entire video because it could cause > communal tensions. But whatever was released made one this crystal clear: > Hadiya is not living in her father’s house voluntarily. > > As a result, it is not clear why the Supreme Court has extended her stay > in Ashokan’s home in Kotayam until November 27. Essentially, the court has > allowed Hadiya’s liberty to be curtailed for another 28 days despite the > fear that she could be put under undue pressure to take her father’s side. > > > -- > Peace Is Doable > > > -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send an email to [email protected]. Visit this group at https://groups.google.com/group/greenyouth. For more options, visit https://groups.google.com/d/optout.
