By freeing Hadiya, a 25-year-old from Kerala who converted to Islam, from her parents’ custody, the Supreme Court has protected her freedom to choose her religion and her freedom of movement. Such an order was long overdue, considering that she has been living with her parents against her will and wished to be allowed to be with her husband and practise her religion. It is a matter of satisfaction that the court has now emphasised her personal liberty rather than curtailing her freedom on a totally unrelated ground, namely that she was likely to be radicalised. Hadiya, whose original name was Akhila, had been practising Islam for nearly two years, and had to face judicial proceedings twice at the instance of her father, who alleged that her conversion was involuntary and part of a ploy by communal groups to radicalise her and send her abroad to join the Islamic State. The court has now allowed Hadiya to go to Salem in Tamil Nadu and complete her internship as part of a homoeopathy course. It is somewhat ironic that it took nearly a year and a long spell of judicially ordered confinement for Hadiya to opt for the same course of action that was offered to her by the Kerala High Court in December 2016. The High Court had been all set to pass orders to enable her to go to Salem for the same purpose, when on December 21, 2016, she disclosed that a couple of days earlier she had married a man called Shafin Jahan. The High Court then annulled her marriage, calling it a sham and a ruse to scuttle the proceedings.
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