On Monday, the Apex Court questioned a Kerala-based man seeking the release of a 21-year-old woman, who he alleged was his “spiritual live-in partner,” from the “illegal custody” of her parents & family.
He said he was her “spiritual guru.” The man said she was being detained & subjected to physical violence for considering him as her “acharya” & expressing her intention to go with him.
“What is the evidence on record to show that you are a spiritual guru, & her spiritual guru?” CJI S A Bobde, heading a 3-Judge Bench, asked the man’s lawyers, senior advocate Gopal Sankaranarayanan & advocate A. Karthik.
The man had appealed to the Supreme Court against a Kerala HC order of Jan 4 on his habeas corpus petition.
Mr. Sankaranarayanan submitted that the woman had appeared before the High Court to clearly state that she wanted to join the man. Despite this, the HC had given her into her parents’ custody.
“The volition of two adults is being questioned here,” Mr. Sankaranarayanan submitted.
He said the HC had, while hearing the habeas corpus petition, took into consideration social & moral values. It had “simply dismissed” her fears of physical violence at the hands of her family if she returned to them.
Hadiya verdict
The senior counsel referred to the Hadiya case judgment in which the Supreme Court had noted that “social values & morals have their space but they are not above the constitutionally granted freedom ... Parental love or concern cannot be allowed to fluster the right of choice of an adult.”
He referred to another Supreme Court precedent on individual adult choice, which said no fetters could be placed upon an adult’s choice of the person with whom she is to stay nor can any restriction be imposed regarding the place where she should stay.
“But has she made a complaint to the police that she is being illegally detained?” the CJI asked.
In her plea, the man alleged that the Police had questioned her modesty. Her SIM card, ATM card & other personal belongings were taken from her, & she was not allowed to leave home independently.
“Infuriated that the woman chose to practice the Vedantic principles of moksha, sanyasa & divine yoga with the petitioner, her parents & family resorted to harassing & torturing her. This is evident from the emails sent by her to the petitioner as well as to the Kerala State Human Rights & Women Commissions. The woman has been threatened with honour killing,” the man alleged.
The man said he was a doctor who renounced worldly life at 42 & turned to spiritual practice on Vedanta Upanishad. He said he was married with two children who were in his care & shelter, though living separately.
The Bench finally listed the case for next week while asking the High Court to go ahead & determine the plea pending before it.
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