The day-long outrage over Hadiya’s guardianship to the dean of her college in Salem has proven to be misplaced as nowhere in the Supreme Court’s interim order says guardianship has been granted to the dean bypassing her husband.
On Monday, almost all media organisations reported that the Supreme Court had appointed her college’s dean as her guardian despite her plea that her husband Shafin Jahan be made her guardian. It created a furor on social media with many people saying that it would further curtail her freedom of choice. The court was portrayed as an assaulter of a woman’s right to choose.
However, the court order, examined by Outlook, does not mention anything about Hadiya’s guardianship, proving that the initial reports were inaccurate and the outrage was misplaced.
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The order says, “Needless to say, when she stays in the hostel, she will be treated like any other student and will be guided by the hostel rules……. The Dean of the College shall approach this Court if there is any problem with regard to any aspect. 'Any problem' does not mean, admission in the hostel or continuance in the course.”
The initial reports about her guardianship seem to have come out from the judges’ interaction with Hadiya in the open court.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud interacted with the 25-year old woman, who converted to Islam and changed her name from Akhila to Hadiya, for nearly half an hour and posed questions on her life, ambition, studies and hobbies.
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Hadiya told the apex court that she wanted 'freedom' to live with her husband, profess her faith in Islam and that she very well understood what she was doing.
When the bench asked Hadiya to name any relative or any near acquaintance to be named as her local guardian in college at Salem in Tamil Nadu, she said her husband could be her guardian and she does not want anyone else in that role.
"A husband cannot be a guardian of his wife. Wife is not a chattel. She has her own identity in life and society. Even I am not guardian of my wife. Please make her understand," Justice Chandrachud said.
The bench posed questions to Hadiya in English while she answered in Malyalam, which was translated by senior advocate V Giri, who appeared for Kerala government.
When the bench asked Hadiya what your dreams are for the future, she replied she wanted freedom and to live with her husband.
The bench then asked whether she was comfortable in professing her faith and studying simulatenously and told her that being a good citizen, she can profess her faith and be a good doctor.
Hadiya replied she wanted freedom to profess her faith and she fully understood what she is doing.
The bench asked her whether she wanted to continue her studies and pursue internship in house surgeonship at the expense of the state government.
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The woman said she wanted to pursue her studies but not at the state's expense as her husband will take care of her.
She further requested the court that she be allowed to visit her friend before being taken to Salem, to which the court agreed and directed the state government to provide her security.
The court asked Kerala police ensure that she travelled at the earliest to Salem in Tamil Nadu to pursue homeopathy studies at Sivaraj Medical College there.
(With agency inputs)
