New Delhi: The Kerala high court refused to grant relief to a man who accused a Muslim girl of violating Shariat law for shaking hands with former Kerala finance minister T.M. Thomas Isaac at a college event.
The man, Abdul Noushad, had claimed the girl’s conduct amounted to adultery.
The girl, a law student, subsequently filed a case against him for causing disgrace to her and her family, BarandBench reported.
Noushad then approached the Kerala high court asking for criminal proceedings against him to be quashed.
In its order passed on October 1, the court, while dismissing his petition, noted that the choice to shake hands with the minister was the girl’s and that she cannot be forced to follow religious practices.
“Religious beliefs are personal. There is no compulsion in religion, especially in Islam. One cannot compel another to follow his religious practice by the latter. Religious practice is a personal choice of every citizen of this country. A perusal of Article 25 of the Constitution of India would show that subject to public order, morality and health and to the other provisions of that Part of the constitution, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion,” the court said in its order.
Justice PV Kunhikrishnan in his order pointed out that the right to propagate religion does not mean that it can be imposed on others.
“Propagate religion does not mean that the religious practice should be imposed on others…Articles 25 to 28 of the Constitution of India do not permit a person to impose his religious beliefs on another,” the court said.
The order also cited verses from the Quran to emphasise that Islam promotes personal freedom and that religious beliefs cannot be forced on another individual.
The Muslim girl, a student at Markaz Law College, met Isaac at an interactive session organised by the institute. She was called on stage to receive a gift when she shook hands with Isaac.
Later, a Facebook post and a WhatsApp video surfaced which presented the interaction as a violation of Shariat Law. Noushad can be heard making similar remarks in the WhatsApp video, accusing the girl of adultery.
Based on the girl’s complaint, Noushad was booked under Section 153 Indian Penal Code (provocation with intent to cause riot) and Section 119(a) of the Kerala Police Act (degrading the dignity of women).
While Noushad moved the court, arguing that the charges against him would not be attracted considering the facts of this case, the court noted that he had not denied making the remark and thus should be tried for the offence.
The court in its order also said that societal beliefs and religious practices must be followed in tandem with the Constitution.
“A young brave muslim girl comes forward and says that, it violates her personal freedom of religious belief. In such situations, our constitution will protect her interest. Moreover, it is the duty of the society to support her. No religious belief is above the constitution and the constitution is supreme,” the order said, directing the trial court to dispose of the case expeditiously.
