Shafin Jahan V. Asokan K.M. & ORS

The Supreme Court of India on 8th March, 2018, in a surprising yet vital order set aside the decision of the Kerala High Court that annulled the marriage between Akhila Asokan aka Hadiya and Shafin Jahan.

- Mehr Kaur

The case is not one to be remembered for its decision by the High Court based on the idea of patriarchal autocracy and possibly self obsession with the feeling that a female is a chattel but for the display of the strength of our Constitution that shows acceptance of the plurality and diversity of our different syncretic cultures as artistically pointed out by the Supreme Court.

The facts revolving around this case involve a Habeas Corpus petition being filed by Hadiya’s father who was under an impression that his daughter was likely to be transported out of the country and concerns her conversion to Islam and subsequent marriage to a Muslim man named Shafin Jahan. Her father claimed that Hadiya was converted after being radicalized. As a result of this the High Court directed Hadiya to her father’s house saying:

“A girl aged 24 years is weak and vulnerable, capable of being exploited in many ways. This Court exercising parens patriae jurisdiction is concerned with the welfare of a girl of her age. The duty cast on this Court to ensure the safety of at least the girls who are brought before it can be discharged only by ensuring that Ms. Akhila is in safe hands… As per Indian tradition, the custody of an unmarried daughter is with the parents, until she is properly married. We consider it the duty of this Court to ensure that a person under such a vulnerable state is not exposed to further danger, especially in the circumstances noticed above where even her marriage is stated to have been performed with another person, in accordance with Islamic religious rites...”