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Constitutional LawSupreme Court of India

Shafin Jahan v. Asokan K.M.

Criminal Appeal · 2018 INSC 222Decided 8 Mar 2018
Criminal Appeal No. 366 of 2018
Chief Justice Dipak Misra · Justice A.M. Khanwilkar · Dr. Justice D.Y. Chandrachud

Background

Akhila, a 24-year-old homeopathy graduate from Kerala who converted to Islam and took the name Hadiya, left her parental home after disagreements with her family over her change of faith. Her father filed a habeas corpus petition in the Kerala High Court alleging she was being illegally confined and might be trafficked abroad. While the petition was pending, Hadiya married Shafin Jahan. The Kerala High Court, instead of simply determining whether she was being illegally held, went further and annulled her marriage, treating her as vulnerable to exploitation despite her being a legally competent adult who told the court she had married by her own free choice. Shafin Jahan appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that a habeas corpus court's only job is to determine whether a person is being illegally detained; once Hadiya appeared before the Court and confirmed she was not confined and had married of her own free will, the purpose of the habeas corpus petition was over, and the High Court had no jurisdiction whatsoever to go on and annul her marriage. The Court held that the right to choose one's own life partner, and one's own faith, is part of the fundamental right to life and personal liberty under Article 21, lying within an individual's core zone of privacy and autonomy that neither family, society, nor the State can dictate, citing the Court's own recent nine-judge privacy ruling in Justice K.S. Puttaswamy v. Union of India. It held the High Court's view of Hadiya as "weak and vulnerable" at 24 reflected an impermissible paternalism that had no place in constitutional adjudication, and that whether or not she married Shafin Jahan was simply irrelevant to the habeas corpus proceeding. The Court allowed the appeal, set aside the High Court's judgment annulling the marriage, and clarified that while the National Investigation Agency's separate probe into any possible criminality could continue, the validity of Hadiya's marriage itself could not be the subject of that investigation and the agency could not use it to interfere in the couple's lawful life together.

Lesson Learnt

A habeas corpus case can only decide whether someone is being illegally confined: courts cannot use it as a vehicle to approve or disapprove of an adult's personal choices in marriage or faith; the right to choose one's own spouse and religion is a core part of the fundamental right to life and liberty that no family member, court, or investigating agency can override.

Shafin Jahan v. Asokan K.M. – Legal Case Shots | LegalAware