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.
