<p>Sign, share and support women's right to make choices.</p>
<p><blockquote type="cite">---------- Forwarded message ----------<br>From: "Praveen Arimbrathodiyil" <<a href="mailto:me@j4v4m4n.in">me@j4v4m4n.in</a>><br>Date: Aug 27, 2013 6:41 PM<br>Subject: LET WOMEN DECIDE FOR THEMSELVES: relationship, marriage, friendship...Need for guidelines in cases of Habeas Corpus*<br>
To: <<a href="mailto:pravi.a@gmail.com">pravi.a@gmail.com</a>><br><br>*LET WOMEN DECIDE FOR THEMSELVES: relationship, marriage, friendship...<br>
Need for guidelines in cases of Habeas Corpus*<br>
<br>
*Sruthi and Saranya, two 21-year-old women from Kerala, who are in love<br>
with each other for the past 7 years, decided to live together. T o<br>
escape forced marriage by their parents with men, they moved away to<br>
Bangalore in July 2013.*<br>
<br>
*<br>
*<br>
<br>
*Saranya’s father filed a Habeas Corpus petition in High Court of<br>
Kerala, alleging that his daughter was kidnapped by Sruthi. He asked the<br>
court for his ‘parental control’ and ‘custody’ of his adult daughter. *<br>
<br>
<br>
*Saranya was made to go with her parents by the High Court of Kerala on<br>
30 July 2013. Court proceedings permitting Saranya's parents and uncle<br>
to spend almost 3 hours of time with Saranya without any independent<br>
observer, they put Saranya under a lot of stress and 'emotional<br>
blackmail'. *Today Sruthi is shocked, emotionally disturbed and<br>
threatened of her own existence. Who is responsible if Saranya is forced<br>
into a heterosexual marriage or if she were to harm herself or her life<br>
is put in danger. Given the kind of patriarchal attitude to compel women<br>
into marriage, was it safe to send her to her family?<br>
<br>
<br>
These days it is very common for many parents whose daughter had moved<br>
away from home for any reason, be it difficulty to make her choice<br>
relating to education, employment, marriage, relationship or friendship<br>
come to High Court making allegations against friend of the daughter,<br>
her spouse (in cases of love marriage), and seek 'custody' of their<br>
adult daughter as she has moved out of 'parental control' and<br>
'protection'. Often parents succeed in forcing their daughters to go<br>
return to them.<br>
<br>
<br>
*It was felt that High Court of Kerala ought to have created a conducive<br>
environment, atmosphere, privacy and time to reflect away from public<br>
glare for Saranya to take an independent decision which is the right of<br>
every adult women guaranteed by the constitution.*<br>
<br>
<br>
We feel concerned that these Habeas Corpus proceedings are used to<br>
unnerve women, threaten them, cajole them, blackmail them to feel that<br>
it is very difficult for th em to be free.<br>
<br>
<br>
*We feel that there is requirement for a set of guidelines in Habeas<br>
Corpus proceedings relating to women giving her the required space,<br>
conducive atmosphere, enabling conditions, assistance of counselor and<br>
other facilities so that she makes an independent decision of her person.*<br>
<br>
<br>
No one has right over any adult women. No one can claim her custody, be<br>
it the father, husband or the son. All institutions should enable and<br>
respect the decisional autonomy of an adult woman. All such processes<br>
that do not create such an atmosphere would commit gross violation of<br>
the right of women guaranteed by the Constitution of India.<br>
<br>
<br>
Hence we are asking for the review of the court order in Saranya's case<br>
and for proper guidelines to protect women's rights during the process<br>
of Habeas Corpus petitions.<br>
<br>
<br>
*FOR MORE INFORMATION:*<br>
<br>
<a href="http://prajarajakiya.wordpress.com/2013/08/06/human-rights-violations-against-a-lesbian-couple-in-kerala-india-video-with-english-subtitles/" target="_blank">http://prajarajakiya.wordpress.com/2013/08/06/human-rights-violations-against-a-lesbian-couple-in-kerala-india-video-with-english-subtitles/</a><br>
<br>
<br>
<a href="http://prajarajakiya.wordpress.com/2013/08/06/urgent-need-to-create-guidelines-to-deal-with-the-habeas-corpus-petitions-against-women-by-families-press-conference-report/" target="_blank">http://prajarajakiya.wordpress.com/2013/08/06/urgent-need-to-create-guidelines-to-deal-with-the-habeas-corpus-petitions-against-women-by-families-press-conference-report/</a><br>
<br>
<br>
<a href="http://prajarajakiya.wordpress.com/2013/08/02/saranya-went-back-to-her-parents-on-30-july-2013-after-undergoing-a-lot-of-stress-and-emotional-blackmail/" target="_blank">http://prajarajakiya.wordpress.com/2013/08/02/saranya-went-back-to-her-parents-on-30-july-2013-after-undergoing-a-lot-of-stress-and-emotional-blackmail/</a><br>
<br>
<br>
<a href="http://prajarajakiya.wordpress.com/2013/07/30/sangama-will-continue-to-defend-the-rights-of-lesbian-women-cochin-press-conference-on-29th-july-2013/" target="_blank">http://prajarajakiya.wordpress.com/2013/07/30/sangama-will-continue-to-defend-the-rights-of-lesbian-women-cochin-press-conference-on-29th-july-2013/</a><br>
<br>
<br>
<a href="http://prajarajakiya.wordpress.com/2013/07/27/press-conference-sangama-nails-fathers-lies-comes-to-lesbians-rescue/" target="_blank">http://prajarajakiya.wordpress.com/2013/07/27/press-conference-sangama-nails-fathers-lies-comes-to-lesbians-rescue/</a><br>
<br>
<br>
*THE PETITION:*<br>
<br>
To<br>
<br>
Hon'ble Lordship Justice Dr. Manjula Chellur,Chief Justice of High Court<br>
of Kerala, Ernakulam, Kerala.<br>
<br>
*<br>
Most Respected Lordship Justice Dr. Manjula Chellur,*<br>
<br>
*<br>
Sub: Immediate intervention in the case of Writ Petition Criminal No.<br>
365 of 2013 and Writ Petition No. 337 of 2013 and for framing guidelines<br>
in the cases of Habeas Corpus Petitions before Hon'ble High Court of<br>
Kerala.*<br>
<br>
<br>
*Ref: Judgment in Writ Petition Crimnal No. 337 of 2013 and proceedings<br>
in Writ Petition Criminal No. 365 of 2013 and Judgment in W.P. (Crl) No.<br>
373 of 2009 Rajmohan M.S., vs State of Kerala and others by Lordship<br>
Justice R. Basant and M.C. Hari Rani.*<br>
<br>
<br>
We beg to bring the following few lines for your kind consideration and<br>
immediate action to ensure safety and protection of rights of women who<br>
face severe hardship and difficulty in Habeas Corpus proceedings in High<br>
Court of Kerala.<br>
<br>
<br>
Your Lordships are aware that these days it is very common for any<br>
parent whose daughter had moved away from home for any reason, be it<br>
difficulty to make her choice relating to education, employment,<br>
marriage, relationship or friendship come to High Court making<br>
allegations agai nst friend of the daughter, her spouse (in cases of<br>
love marriage), and seek 'custody' of their daughter as she has moved<br>
out of 'parental control' and 'protection', whatever her age.<br>
<br>
<br>
Your Lordships are aware that the same is not true in cases of men who<br>
move away from home. All questions relating to 'custody', 'parental<br>
control' or 'protection' seem not to affect them. It is understandable<br>
if the girl happens to be less than 18 years of age. How can anyone have<br>
control or custody of a woman who has attained majority? It is very<br>
disturbing to see that these women who have taken a bold step in their<br>
life, who have braved to face life on their own and who are always<br>
considered as renegades by the society they live in. More particularly<br>
as they have opposed to parental control.<br>
<br>
<br>
We feel concerned that these Habeas Corpus proceedings are used to<br>
unnerve women, threaten them, cajole them, blackmail them to feel that<br>
it is very difficult for them to be free. It is common practice when<br>
these women are 'allowed' to be with the family for discussion. The<br>
family who had treated her with cruelty or held her in oppressive<br>
atmosphere, would immediately put emotional pressure, blackmail her,<br>
threaten her that their 'respect' is harmed and they have no choice<br>
other than taking their own lives et al. This practice of court in these<br>
circumstances more particularly when there is no supervision of any<br>
independent person who would ensure that the family behaves in a civil<br>
manner and not employ the kind of language that would put the women in<br>
stressful condition, is playing havoc in the lives of women. We wish to<br>
reiterate Your Lordships that no man faces such a situation in any<br>
court. Why women are singled out for such a treatment? Is it that even<br>
today we consider women to be objects/commodities? She has no choice of<br>
her own? Is she not entitled to same treatment that is enjoyed by man?<br>
Are we stuck in patriarchal mindset even after 66 years of independence?<br>
<br>
<br>
Your Lordships, Habeas Corpus is to set a person at liberty. It’s a<br>
process to ensure constitutional guarantee under Article 21. However, in<br>
all such cases affecting women, converse is true. 'Setting her at<br>
liberty' is in fact sending her to same condition that she wanted to<br>
move away from. It has become a tool of continued oppression. Hence<br>
there is a requirement for giving serious thought relating to the<br>
procedures, guidelines, rules to be framed relating to such proceedings.<br>
<br>
<br>
Your Lordships, In a land mark judgment of High Cou rt of Kerala in the<br>
case of Rajmohan M S vs State of Kerala and others (cited above) the<br>
rights of women were expressed in unequivocal terms. Her right to<br>
decisional autonomy was discussed in detail it reads<br>
<br>
<br>
/“A person who has attained majority, is in the eye of law, a person and<br>
a citizen entitled to all rights and privileges under the Constitution.<br>
There can be no question of an adult major woman being kept in the<br>
"custody" of anyone else against her wishes, desire and volition. Even<br>
if it be the parents, such custody cannot in the absence of better<br>
reasons be justified. There is no contention that she suffers from any<br>
debility which obliges her to be in the "custody" of any other. An adult<br>
major woman residing with her parents or husband cannot be held to be in<br>
the "custody" of such parent or husband as to deny to her, her rights to<br>
decisional autonomy and t o decide what is best for her. Parental<br>
authority would certainly extend until a child attains majority. But,<br>
thereafter, though the parent and the child may be residing together, it<br>
can never be held that such child is in the "custody" of the parent. An<br>
adult major woman is not a chattel. The theory that until marriage a<br>
woman must be under the custody and confinement of her father and<br>
thereafter in the custody and confinement of her husband cannot possibly<br>
be accepted in this era. Such an adult person is certainly entitled to<br>
take decisions which affect her. Parental authority or matrimonial<br>
authority will not at any rate give right to such parent or husband to<br>
keep such woman under restraint, confinement or detention against her<br>
will. The parent may feel that he has the monopoly for taking correct<br>
decisions which concern his daughter, but that impression of a doting<br>
patriarchal parent cannot blindly be accepted and swallowed by a Court.<br>
The parental authority may extend to a dvice, counsel and guidance. But<br>
certainly, it cannot extend to confinement, detention or improper<br>
restraint against the wishes and volition of the adult major daughter.<br>
Right to take decisions affecting her will certainly have to be conceded<br>
to her even assuming that, decisions taken may at times or in the long<br>
run prove to be not wise or prudent. This Court comes across many such<br>
cases of alleged detentions/ confinement/ compulsive restraint placed on<br>
adult daughters by parents. We have taken a consistent stand that the<br>
decisional autonomy of such an adult daughter will have to be respected.<br>
An adult woman cannot be treated as chattel by this Court. Her rights as<br>
an equal citizen will have to be respected and cannot be denied. In<br>
cases where we feel that the decision of such alleged detenues does not<br>
appear to be voluntary and genuine, we resort to the course of granting<br>
them time to reflect, contemplate and ponder. We give them opportunity<br>
to be accommodated in neutral venues for some period to facilitate<br>
rational and dispassionate evaluation-sometimes for long periods. We<br>
give parents opportunity to counsel their children during such period.<br>
But ultimately, we do respect the decisional autonomy of such adult<br>
children. We are convinced that, that is the proper course to be<br>
followed in all cases. To do otherwise would simply be denial of human<br>
rights of an adult woman to take decisions affecting her future. That<br>
would certainly be denial of the right to life guaranteed under Article<br>
21 of the Constitution of India. The mere fact that the decision may<br>
turn out to be incorrect or bad does not justify the denial of the right<br>
to take a decision. We do not permit our concept of what is right and<br>
good for them to override their own assessment of what is right and good<br>
for them. We do not permit the concept of others (including parents) of<br>
what is right and good for them to override their own concepts. Concept<br>
of right and good may vary with the times. This genera tion's concept of<br>
right and wrong may not find acceptance with the next. No generation or<br>
parent can claim infallibility and enforce its/his concept or right and<br>
wrong on the succeeding”/<br>
<br>
<br>
We wish bring to Your Lordships notice the recent case of Saranya, a<br>
21-year-old woman, who was 'set at liberty' to be with their family, a<br>
family she moved away from. We feel the order was most insensitive and<br>
certainly did not enthuse confidence to any one relating to the working<br>
of Habeas Corpus proceedings.<br>
Ms. Sruthi and Ms. Saranya, two women both aged 21 years, one a graduate<br>
in Commerce and another pursuing final year graduation in commerce from<br>
a private college, decided to live together and were opposed to the<br>
compulsion of their respective parents to get them married to men. They<br>
after serious discussion, decided to move away from their natal home to<br>
find their own life. They moved to Bangalore and sought shelter and<br>
protection of Sangama, an organisation that provides such facilities to<br>
persons who belong to different sexual orientation. Both of them were<br>
undergoing training in computer, langauge proficiency in English and<br>
Kannada. Saranya’s father had filed a writ petition seeking writ of<br>
Habeas Corpus alleging that his daughter Saranya is detained by Sruthi,<br>
whom he alleged had enticed to take his daughter away from Shornur, in<br>
Kerala. The petition was simple and devoid of any detail. Court had<br>
directed the police to keep the detenue (Saranya) present before the<br>
court on 30th July, 2013. It was widely reported in the media. Sangama<br>
came to know of the same from the media news immediately made<br>
arrangements to enable Saranya to reach the Court on 30th July, 2013.<br>
<br>
<br>
Saranya reached the court much in advance at 10 am. He r parents and her<br>
maternal uncle were present. She spoke to them for about 15 minutes. It<br>
was the first case of the day and immediately beginning of the session<br>
of court, the counsel for the father of Saranya informed the court that<br>
the parents are unable to speak to the detenue and the court ordered<br>
that the detenue should be with the family without interference from<br>
anyone. She was with the family for nearly 3 hours. She was visibly<br>
distraught when the court assembled after recess at 1.45pm.<br>
<br>
<br>
The court verified the affidavit filed by Saranya detailing the fact<br>
that she was not a detenue and that the family was aware of her leaving<br>
the family and her decision to be at Bangalore. It is pertinent to note<br>
that Saranya has little knowledge of English. The counsel for Saranya<br>
had prepared the affidavit after discussing with her in Malayalam. The<br>
court enquired and S aranya stated that she is not aware of the contents<br>
of the affidavit. The court enquired the counsel and the counsel<br>
informed the court that immediate enquiry of the contents be made with<br>
her client in the open court. It was also suggested by the counsel that<br>
Saranya be enquired in private. Court did not agree to the same and<br>
opined that Saranya be sent to government shelter for some time and the<br>
matter be taken up after some days. Immediately the counsel appearing<br>
for the father of Saranya repeatedly stated that Saranya had stated to<br>
them that she wanted to go with her parents. Parents reiterated the<br>
same, the court inquired Saranya and she nodded her head. Immediately<br>
the court stated that she is free to return home with her parents. A<br>
detailed order came to be passed. It was stated by Saranya that she had<br>
left home on her own volition to Bangalore. The police were directed to<br>
provide protection to the family for their safe return to her home and<br>
also directed the police to provid e protection as and when required.<br>
<br>
<br>
The question that arises, whether Saranya, who had voluntarily moved<br>
away from her natal home to be with her friend Sruthi and to lead<br>
independent life was a detenue? Whether a petition filed by father of<br>
Saranya who wanted his ‘parental control’ and ‘custody’ of his adult<br>
daughter be considered a petition for Habeas Corpus petition, given the<br>
kind prayer. When the detenue moved away from her natal home being<br>
opposed to them, was it proper to direct her to be with the family for 3<br>
hours without any supervision. Was the court aware of the kind emotional<br>
pressure that Saranya may be subjected to? Why did not court make a<br>
detailed enquiry with the ‘detenue’ Saranya in an atmosphere that was<br>
stress free? It was visible to everyone in the court that she was<br>
emotionally distraught. Even when she was near the Bench her fa ther was<br>
holding her hand, it was only when court official asked him to leave her<br>
did he leave her and stood a few yards from her. Did she disown the<br>
affidavit because of the emotional distress? When the counsel appearing<br>
for Saranya, on being questioned about the affidavit, had sought the<br>
court to enquire Saranya about the content of the affidavit. On<br>
enquiring Saranya, the court could have concluded whether she had stated<br>
as per the affidavit. If her answer were to be true to the contents, the<br>
court’s decision could have been different. Somewhere we feel that the<br>
process to which Saranya was subjected to was not conducive to make<br>
free, informed choice. It is evident that she had moved out of her<br>
family on her own volition. Why no equiry was made as to why she moved<br>
away from her family?<br>
<br>
<br>
A packed court hall, full of media glare, in the presence of her family<br>
th at had emotionally blackmailed her, what could be seen was Saranya’s<br>
monosyllabic replies to the queries. Was she free while making such<br>
statements?<br>
<br>
<br>
Saranya has the right to move away from her family with her friend, her<br>
right to move away from her family or resolve to live with her friend or<br>
to return to her family. What matters most was, in all the situations<br>
was her choice really a free choice? Today Sruthi is shocked,<br>
emotionally disturbed and threatened of her own existence. Who is<br>
responsible if Saranya is forced into a heterosexual marriage or if she<br>
were to harm herself or her life is put in danger. Given the kind of<br>
patriarchal attitude to compel women into marriage, was it safe to send<br>
her to her family? Certainly a number of questions arise and hence the<br>
need for a look into such cases.<br>
<br>
<br>
Though the first petition did not have the required details, the court<br>
had directed the petitioner to file additional affidavit. The additional<br>
affidavit contained the details wherein the organisation Sangama was<br>
said to be a dangerous organisation and that Saranya was in distress.<br>
Sangama was not made a party to the proceedings. Nor Saranya or Sruthi<br>
were supplied with the copies of the petition to ask for their response.<br>
<br>
<br>
It is common that whenever a woman moves away from the family, the<br>
family feels that their respect is affected, be it married women,<br>
unmarried women, they seek assistance of police and lodge complaint of<br>
kidnapping or file a habeas corpus petition. A most precious writ to set<br>
people free from bondage is used to ‘get her back’ to the family. Women<br>
who are already in distress and who h ave not experienced court or<br>
proceedings are threatened with the consequences of the litigation and<br>
threats of harm either to her life or that family would harm themselves<br>
as they have been shamed would result in the woman being compelled to<br>
take decision certainly not to her liking but under compulsion. Such<br>
situations take away all the rights that are guaranteed to women in law.<br>
She is always considered as chattel, a person who is to be under the<br>
parental control before marriage and under control of husband after her<br>
marriage.<br>
<br>
<br>
Your Lordships we feel that there is requirement for a set of guidelines<br>
in Habeas Corpus proceedings relating to women giving her the required<br>
space, conducive atmosphere, enabling conditions, assistance of<br>
counselor and other facilities so that she makes an independent decision<br>
of her person. What is the right to choice, any choice in their life in<br>
women. We say progress, women are coming out for work but women have no<br>
right to choice where they live, what they wear, whom they live with,<br>
what they will choose to study, where they will move, they have no right<br>
to choice and that is what need to be questioned.<br>
<br>
<br>
It is strange that the Court concluded that Saranya moving away from her<br>
natal home was voluntary but her stay at Bangalore was against her will,<br>
without conducting any enquiry on the matter. Saranya was not given the<br>
copy of the petition, was not made aware of her rights in the<br>
proceedings. There was no privacy to her. The proceedings was summarily<br>
closed 'setting her at liberty' to go with the family and adequate<br>
protection to the family from police for time to come. Was the decision<br>
of Saranya really 'free'. Sruthi, who was her partner, who was living<br>
with her is served notice at her natal hom e, though petitioner knew his<br>
daughter and Sruthi were living at Bangalore. What would happen to their<br>
relationship?<br>
<br>
<br>
Sruthi and Saranya had given several media interviews, addressed press<br>
conferences in Bangalore, expressed their love to each other,<br>
affectionate relationship and about leading a life together. The kind of<br>
emotional blackmail exerted on Saranya by her parents through the High<br>
Court made her wilt under pressure.<br>
<br>
<br>
*It was felt that High Court of Kerala ought to have created a conducive<br>
environment, atmosphere, privacy and time to reflect away from public<br>
glare for Saranya to take an independent decision which is the right of<br>
every adult women guaranteed by the constitution.*<br>
<br>
<br>
*No one has right over any adult women. No one can claim her custody, be<br>
it the father, husband or the son. All institutions should enable and<br>
respect the decisional autonomy of an adult woman. All such processes<br>
that do not create such an atmosphere would commit gross violation of<br>
the right of women guaranteed by the Constitution of India.*<br>
<br>
<br>
*Your Lordships, we have no other alternative other than seeking your<br>
Lordship's intervention in the matter considering the sensitivity of the<br>
issue, considering the privacy of the women, considering the effect the<br>
orders of the court have on their lives, to immediately call for the<br>
records of the proceedings in Writ Petition (Criminal) No. 337 of 2013<br>
review the order passed in the light of the above facts and<br>
circumstances and records of Writ Peti tion (Criminal) No. 365 of 2013,<br>
wherein similar tactics are being employed, to ensure justice to these<br>
women. We feel the necessity of creating set of rules relating to Habeas<br>
Corpus proceedings seeking 'custody' of women or 'liberty' of women.<br>
They cannot afford to fight litigation independently. Hence this<br>
petition seeking Your Lordships intervention on humanitarian grounds.*<br>
<br>
<br>
*We pray Your Lordships to get these women justice, for which act of<br>
kindness we would be ever grateful.*<br>
<br>
<br>
Yours faithfully,<br>
<br>
<br>
The Petition Signers<br>
<br>
<br>
<a href="http://www.avaaz.org/en/petition/LET_WOMEN_DECIDE_FOR_THEMSELVES_relationship_marriage_friendship_Need_for_guidelines_in_cases_of_Habeas_Corpus/?tSvXadb" target="_blank">http://www.avaaz.org/en/petition/LET_WOMEN_DECIDE_FOR_THEMSELVES_relationship_marriage_friendship_Need_for_guidelines_in_cases_of_Habeas_Corpus/?tSvXadb</a><br>
</blockquote></p>