CAN DR. HADIYA BE ALLOWED TO SPEAK AND CAN THE WORLD LISTEN TO HER?

Indian Judiciary rules an Indian Muslim Doctor a Homo Sacer.

Dr. Hadiya is being treated not as a LEGAL SUBJECT by India. Therefore, her case must be transferred to the International Criminal Court. Why?

Indian State has deprived Dr. Hadiya of four fundamental HUMAN rights (Not just rights). And, not even our greatest champions of human rights are protesting it.

1. Right to Marry according to free will (Her marriage is annulled against her will).

2. Right to Choose and Practice one’s Religion (Her conversion to Islam is made invalid and she faces obstacles to practice her religion at her home-turned-prison).

3. Right to Free Movement (She is under legally-sanctioned house arrest).

4. Right to Self-Representation (She has been made a ‘homo sacer’ by alienating her right to represent herself. She is now, legally speaking, a non-subject, a non-person and a non-citizen as the Courts are not considering her testimony as an adult citizen valid).

While the first three negations are brutal, the fourth is exceptionally brutal, in the sense of Agamben’s term. This exceptional negation of the subjectivity of members of a victim community is typical of fascist regimes.

Lastly, for the sake of argument, even if she is radicalized to join ISIS at a future date, nobody still can take away her fundamental human rights. Membership or sympathy for a terrorist organization, as observed by Supreme Court in a couple of alleged Maoist-related cases, is not a crime per se. You are liable to prosecution only if you commit a crime as a member of the banned organization.

As an exceptionally dangerous judicial precedent, the judicial terror against Dr. Hadiya is going to be repeated as a deadly weapon against Hindu women, especially if they choose to marry outside caste.

‘Free Hadiya’, must be the singular slogan.

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Mathew Kuriakose Written by:

Mathew Kuriakose teaches politics and is currently based in Kolkata.

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