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Context
It’s a troubling question: Are courts in India becoming more ‘executive minded’ than the executive?
Her Choice
- In the first few paragraphs author states that SC judgment feels like as though it is that of a court directing that an under-trial may be removed from police custody and placed in “judicial custody” (that is, jail). Women’s hostels in India are notorious for their draconian restrictions on the freedom of movement of their residents and it is not surprising that the college itself seems unsure of its role in this case
- Far from respecting her choices about her religion or her choice of life partner, the Supreme Court seems to think that it is doing Hadiya a favour by sending her from one prison (her parents’ house) to another (college hostel)
Puttaswamy judgement
Author states that many of the SC judges handling Hadiya’s case are the same who gave the historic privacy judgement in the recent past. This prompts two troubling questions:
- Does the Supreme Court consider the Puttaswamy judgement, a judgement or just a fine set of essays meant to be forgotten as soon as it is convenient?
- Does the judiciary understand that it is now seen as a threat to and not a defender of fundamental rights in this country?
What is the right thing to do?
Author states that complete justice in the matter requires the overturning of the Kerala High Court judgement, allowing Hadiya to be free to choose whom she wants to live with and ending the NIA’s communally-tinged witch-hunt
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