That man did not have the right to put fetters on my freedom and neither do you, a woman tells the court. Some debate follows. Did he have the right to decide what happens to her? A man says, of course, he did, and now we do. We will decide what will happen to her body, where she can and cannot go. These are the few similarities between what happened to Draupadi and what is happening to Hadiya. In Draupadi’s story, she is attacked by a person in the court and a man/’lord’ saves her.
The highest court of the land, the guardian of the Constitution of India and of individual liberty, is keeping an adult woman away from her husband because it suspects she may have been brainwashed by evangelists-cum terrorists. Even if there is a grand conspiracy to trap women into romantic alliances for terror-related activities, the most any court can do is lodge an FIR and throw people into prison. Hadiya, her husband, everyone who is a Muslim, throw everyone in prison on grounds that they may be associated with criminal activities.
But discussing whether an adult is speaking for herself, or has been brainwashed? Debating whether she is suffering from Stockholm Syndrome? Looking for ‘guardians’ for an adult? If any institution other than one which constantly hangs the sword over our head had done this, I would only have three words to say- how dare you!
Why doesn’t the Supreme Court just make our lives easier and direct the government to create an institution that will approve marriages between a Muslim and a person of any other faith? Why don’t the institutions of the State abandon all pretense and say, anything a Muslim does should be considered suspicious? The food they eat, the people they marry, the places they live in, the institutions they study in. The apex court has as much right to compel Hadiya to live at x place or under x person’s ‘guardianship’ as it does to compel you and me to whip ourselves with lashes, to dance naked on the streets, to bang our heads on the wall, to live with a particular uncle or aunt. What will you do the day the court actually directs you to do something as absurd? What is more absurd, asking a man to dance naked on the streets or telling an adult woman that she may have been brainwashed and thus can’t speak for herself? Who is to say that those giving her these sermons have not been brainwashed by the regressive patriarchal culture prevalent in this country? According to a report in Newslaundry, when Senior Advocate Indira Jaisingh tried to speak for Hadiya, she was met with dismissal and a remark that this wasn’t a gender justice issue? What if the judges in courts across the country have been brainwashed into not being able to recognize gender justice issues because they shamelessly continue to deny women entry on the bench?
I request the government of India, spare us this anguish, this shame, burn the Constitution of India and declare that the law will be whatever a judge sitting in the apex court decides it will be. Please explicitly declare that even the Constitution imposes no limits on what judges can and cannot do, and while you’re at it, remind everyone that the only people responsible for preserving the prestige of the court are those outside the court, not inside it. Those inside are above any boundaries whatsoever.
I have no hesitation in saying- the Supreme Court has conducted itself no better than the most regressive khap panchayat in the country. The difference is only of attire, location, fancy buildings and a façade of respectability.
Let me try a bit of good old plain-speaking. Hadiya is being punished because she married a Muslim, because she chose to convert to Islam – everything else is secondary. Any person, especially a woman, who dares to do this must obviously be brainwashed. The whole country must transform itself into an uncle and take her life into its hands to save her from something that is still extremely radical for women in this country – making decisions for themselves. At this rate, in a few years, the Supreme Court will take the burden of finding suitable grooms for all women on itself. The government will do a thorough investigation and guarantee the crime-free antecedents of the groom. The state will be one large, oppressive, disgusting joint family.
The woman, inside and outside the court has been repeatedly saying – give me freedom. Shame on us.