By Arif Khan for TwoCircles.net
The International Women’s Day 2018 brought the best present that Hadiya deserved: my heartiest congratulations to Hadiya and credit to the Supreme Court for at least ending her ordeal by restoring her marriage that was annulled by the dubious Kerala High Court last year. However, I have reserved my congratulations to the SC for delivering so-called justice.
In the meantime, I have nothing but respect for Hadiya–the iron lady– for standing tall against all right-wing propaganda of Love Jihad, Islamophobia, Misogyny, Patriarchy, RSS Goons, National Investigation Agencies, Judicial System, Prejudices and general deep hatred towards Muslims
One single woman – at the peak of RSS power in India – has proven to the RSS and to the rest of the world that Islam was never spread by the sword. Otherwise, two years of non-stop RSS intimidations to Hadiya and her husband would have prevented her from embracing the faith of her choice.
“The Constitution gives all the freedom to choose their religion, which is a fundamental right of every citizen and all this happened because I embraced Islam,” said Hadiya while interacting with the media.
Whilst going through the ordeal, the pressure must have been relentless and immense from all the quarters but her resolve, conviction and determination to fight out against all the odds stood the test of her faith in the religion she had embraced. She triumphed and came out with the flying colours putting everyone who questioned her freedom of choice, motives and faith to shame.
Many people believe – and rightly so – that Hadiya’s case was orchestrated by the almighty to humiliate the fascist RSS while they are at the peak of their power.
Despite their very best efforts (including one year of detention inside her house by her parents blessed by the High Court), they couldn’t move her an inch from a faith that she thought was “superior.”
The world needs to take the notice that Hadiya has demonstrated the true meaning of the word Jihadcontrary to the meaning of the word Jihad (equating to terrorism) as made to understand by the world media
The words used by Aijaz Zaka Syed in his article of 5th December 2017 and I quote, aptly explain the situation.
“The steadfastness of character that this lone woman has demonstrated in the line of fire should also shame all those born in Muslim families but who have never quite understood what their faith stands for. Most of us take our faith for granted and have nearly forgotten its liberating teachings that are meant for the whole of humanity”.
Although the right-wingers have been crying foul about love jihad for almost more than five years so far, they have failed to prove a single case in a court of law. To date, there have been only accusations that are given enough prime airtime by the biased communal media driving the Hindutva agenda of hate and polarisation to keep the Hindu vote bank together against the bogey of Indian Muslims.
The Hindutva forces are simply exploiting the insecurities of the majority Hindus who are told that their existence is in danger now due to the ever-growing Muslim population in India. Muslims are being funded by the Arabs to lure gullible Hindu girls – operation “love Jihad” and buy Hindu properties with the Arab funding – operation “land Jihad” – so now Hindu is in danger from the bogey of Indian Muslim.
I would like to ask my Hindu friends:
- How did Hindus managed to survive 60 years of Congress, 200 years of British rule and 600 years of Muslim rule (including the allegedly cruel reigns of Aurangzeb and the Khiljis) and remain a majority (80%) whereas, Muslims remain only a minority (15%)?
- How come a majority of 80% feels insecure or threatened by a minority of 15% which has less than 1% representation in Armed Forces, Police Services, Administrative Services, Judiciary, Legislative Assemblies and Parliament? The last Muslim Chief Minister (barring Jammu and Kashmir) was in Maharashtra in 1982.
- How does an 80% majority community with better literacy rate, financially & such political strength feel threatened by a community that is most deprived living in a worse state than the SCs and STs according to the Sachar Committee Report?
There is no logic to the bogey of Muslims in India.
In a mixed society, it is but natural to have inter-faith and/or inter-caste marriages to take place. Women today are far better informed and can manage to look after themselves and decided what they want. They are not so gullible or dimwit that they can be brainwashed or forced to do anything they don’t wish to. The sooner the men understand that, the better it is for a society.
Coming back to the Judgement delivered by the SC, it can hardly be called Justice. The time it took to put its seal on confirming the fundamental right of “freedom of Choice” that is given to every citizen by the constitution was extremely surprising. It was an open and shut case of an adult choosing to practice a religion of her choice and marrying a person of her choice.
A case that should have been thrown out in an hour by a lower court was even entertained by the highest court of the land, who also dragged its feet providing ample opportunity to the various national agencies to somehow by hook or crook prove the bogey of “Love Jihad”.
How is this verdict from SC – a complete justice to Hadiya?
All the allegations were eventually proved to be just that: mere allegations. Hadiya was put through an ordeal for two years resulting in the criminal waste of the public money, time, energy, efforts and other valuable resources.
Isn’t it about time that the SC does some introspection of the entire Judiciary and critically assess the role of the national agencies and socio-political pressure groups involved in bringing a false case against Hadiya? SC should consider the following: –
- Who will compensate Hadiya for her ordeal – the physical, mental and emotional torture she was put through?
- The couple were denied to peacefully lead their married life – Who will compensate them for the loss of time and earnings opportunity?
- Who would foot the legal costs that were incurred by or on behalf of the couple?
- Who is responsible for wasting the public funds and the courts time by bringing an action based on false allegations? Why was so much credence given to allegations (with no evidence) by the High Court that couldn’t hold water in the SC?
- Review the roles of corrupt and/or incompetent lower and High Court Judges incapable of giving verdicts (clouded by the political or religious beliefs) in line with the constitution of India;
- Severely reprimand or suspend such judges who show disregard for the constitution. Sitting judges shouldn’t be allowed to get away with such impunity. Their promotions or careers should be adversely affected by such poor or biased judgements forcing them to think twice before delivering such judgements;
- Shouldn’t these judges be held responsible for inflicting injustice on poor citizens some of whom can’t even afford to defend themselves let alone taking the governments or judiciary to the task for their absurd decisions?
- Punish the fascist organisations, investigation agencies and corrupt judges for such miscarriages of justice; and
- Finally, stop entertaining cases of Love Jihad – there is no room for religious terms or connotations in a court upholding a constitution based on secular principles.
When two adults scream from the roof, exercising their right to choose to live the way they want to live, with whom they want to live and practice what they want to believe – there is no further scope for discussion.
Hadiya’s case is not the only case that has dished out gross injustice to the minorities. For the past few decades, hundreds of Muslims have been arrested on false charges of terrorism across India and have been subsequently acquitted of false allegations after 14 or even 15 years. The corrupt judges, police and national agencies got away with impunity on most occasions including 1987 Hashimpura massacre in Meerut and Sikh riots of 1984 in Delhi.
Supreme Court is the last resort for innocent victims who have been wronged by the corrupt system. Accordingly, SC carries the enormous burden of expectations to provide “Complete Justice” and not just the acquittal. The honourable SC must not only protect the fundamental rights of the citizens but should be seen to punish those who misused their power of authority to deny the citizens of their rights.
To restore the faith in the Judiciary and to deter the miscreants from implicating innocent citizens for crimes they have not committed – Justice should be wholesome and not partial and that is when SC deserves to be congratulated.
*The author is a British Chartered Accountant and a Financial Consultant based in London*