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The apex court wishes to ascertain her mental health and whether she had given free consent to her marriage.
The case in Kerala is not about religion. It is about a woman whose basic rights are being curtailed by the courts, her parents and self-styled protectors.
“These reports are being generated and sustained only because Islamophobia is so rampant in Kerala, across parties.”
The Kerala police is competent enough to conduct the investigation, the state government’s affidavit says, and would have sent a report to the Centre if any scheduled offences were discovered.
“It is alarming to have an adult woman today to be ordered into ‘protective custody’ of her parent’s home under the orders of a Court, denied mobility, communication and the company of her friends and well wishers.”
Instead of developing jurisprudence based on the intersectionality of gender and religious identity, we are presented with a laboriously lengthy and impotent decision which reflects the judges’ lack of knowledge on feminist jurisprudence.