What is the issue?
- The Supreme Court recently revised its earlier directive in a case involving religious conversion & consensual marriage of a Hindu woman.
What does the current move signify?
- The apex court has now quashed its earlier directive that called for a probe by the National Investigation Agency into the issue.
- It is also examining the legality of the Kerala high court’s pronouncement on the issue that annulled the marriage under powers provided in Article 226.
Why were initial pronouncements troublesome?
- The Kerala High Court’s decision was extremely troubling as it tended to deny autonomy to the women in her choice to convert and her decision to marry.
- The court even seemed to suggest that the woman was acting on under some sinister influence.
- It also speculated on terrorist indoctrination of the couple even when the police couldn’t discover any.
- Following Kerala HC court’s verdict, the woman was put under virtual house arrest by her parents.
- Her opinion wasn’t even sought in subsequent hearings.
- These directive therefore failed to upholding the rights of the individual over the diktats of the state, community and family.
What lies ahead?
- The SC’s decision to revisit the case is an acknowledgement of the seriousness of the isse and an openness for course correction.
- It is hoped that the rights of the woman will be restored in the subsequent hearings.
Source: Indian Express
