Right to Marry and Death

3/10/2018

The Supreme Court in March 8 declared that Hadiya’s marriage with Shafin is valid and she can live with her husband. It is also held that she converted to Islam with her own free will. She was Hindu girl daughter of KM Ashokan of Kerala. He challenged her marriage on the ground of brainwash and under duress with intension to take her to Syria to join terrorist outfit Islamic State. But all the time in the long legal battle of 287 days she is maintained that she is converted to Islam and married to Shafin on her free will and also admitted that she would shift to Syria and rare sheeps there. She converted and married in December 2016 on her father’s plea the Kerala High Court annulled her marriage and gave her to parental custody and also ordered probe into this further. However the Supreme Court said that the National Investigation Agency (NIA) to continue with the probe and if comes to certain adverse conclusion it can arrest the bridegroom Shafin on ‘Love Jihad’ or IS links. The Supreme Court held that High Court has immense powers but cannot annul marriage solemnized with free will by two adult. The High Court has to protect fundamental right of the people. The Supreme Court earlier also on ‘Khap Panchayat’ actions against certain adult marriages took serious exceptions and ruled that nobody or organization can interfere or prevent marriage performed by adult in free will. But still Khap Panchayats of Haryana are disturbing the married life of others on plea of certain traditions and outdated norms of their society. Some couple were even murdered or assaulted. To marry with free will is also fundamental rights. Like ‘Khap’ in Haryana, in Bihar there young boys are kidnapped and forced to marry certain girls of the families of musclemen. Such marriage should be annulled as not solemnized on free will rather performed by committing the crime of kidnapping and forcing boy to marry. Such cases should be brought before the police and court and annulled and criminals punished. On March 9 the Supreme Court bench ruled that people should have right to die respectfully, an NGO has filed a petition before Supreme Court that like right to life the people should fine right to die also. There are cases where certain people suffering from incurable terminal diseases linger on as crippled with acute painful life like a living dead. They be allowed to chose the right to die peaceful without furthering suffering. The Bench referred the case to the Constitutional Bench to decide its constitutionality.