The high court decision is a signal contribution to rescue jurisprudence
The judgment of the division bench of the Kerala high court in Akhila’s case has evoked not just rambunctious debates but even inflammatory protests on the street with an apparent contemptuous tenor. A hartal that followed showed the forceful conversion of an individual dispute into a massive religious affair. It all happened when the father of a woman who attained majority sought a habeas corpus writ to get his daughter rescued from being ‘exported’ after a deceptive conversion to another religion. The court allowed the request and granted custody of the detenue to her father.
Questions are many. Whether the judgment is subjective or does it simply reflect the opinions or even proclivities of the robed umpires? Does it meddle with well-recognised principles of freedom in religious or marital choices?
There are no precedents on facts. A judgment…
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