Snehal Upadhyay–
Kerala High Court conveyed its disappointment upon a media report which mentioned that a woman and her child were in the custody of extremist bodies after the Court had issued a notice on a Habeas Corpus petition filed by the woman’s husband.
In the Habeas Corpus petition, the husband stated that his son and wife were coercively converted to Islam and was also illegally detained upon finding the fact that women had consented to be converted to Islam.
The Court while issuing the notice contended that it usually bounds to issue notices on petitions claiming for writ of Habeas Corpus.
Also read: Supreme Court on religious conversions: Person above 18 years are free to choose their Religion
The Court further added that “The moment we issued the notice…there appeared columns in the media with an innuendo that both mother and child are in the custody of extremist bodies.”
Noting the fact that the conversion was done of free will by the woman, the division bench comprising Justice K Vinod Chandran and Justice Ziyad Rahman A. dismissed the petition.
During the absence of authorities, the bench also confirmed this from the woman, where she admitted that she willfully converted her religion to Islam and no undue influence was made on her.
The Court observed that the issuing of notice, led to implicating the woman and the child was in the custody of the extremist body by the media.
Commenting on such implications the Court stated that “We are saddened and dismayed because such outbursts, without verifying the ground realities, only result in polarization of communities, which civil society can ill-afford. We, hence, direct the jurisdictional Police that if a complaint is raised by the subject-lady before the Police of any harassment, the Police shall take immediate action to ensure that the mother and son are allowed to live their life without undue interference and harassment.”
Hence, the bench denied the petitioners and media’s implications and accordingly disposed of the petition.