Kerala High Court denies relief to man who accused girl of adultery, violation of Sharia for shaking hands with man

The Kerala High Court recently refused to quash criminal proceedings against a man who criticized a Muslim girl for shaking hands with former State Finance Minister TM Thomas Issac during a public event [Abdul Noushad v State of Kerala & Anr.]

The accused had claimed that the conduct of the girl, a law student, amounted to adultery and a violation of Shariat law.

In an order passed on October 1, Justice PV Kunhikrishnan noted that the choice to shake hands with the Minister was a personal one taken by the girl and she cannot be compelled to follow any religious practice against her wishes.

The Court also underscored that there is no compulsion in religion, particularly Islam.

"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.

The Court added that the right to propagate religion does not mean that religious practices 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 Court also citied verses from the Quran to highlight that even religious texts promote personal freedom and observed that no one can impose religious beliefs or practices on another individual.

"In Islam, physical contact between unrelated members of the opposite sex including a handshake is generally considered ‘haram’ (forbidden). This prohibition is based on Quranic Verses (eg.24:30-31, 33:35), Hadiths (saying of Prophet Muhammad) and Islamic jurisprudence (Fiqh). According to the Muslim religion, the reason for this prohibition is modesty and humility, avoiding the potential temptation of fitnah and maintaining moral boundaries. But the Quranic Verses emphasize personal choice as far as religion is concerned. Surah Al-Kafirun (109:6) says, “For you is your religion, and for me is my religion”. Surah AlBaqarah (2:256) says that “There is no compulsion in religion”," the Court explained.

The case against the man stemmed from the events at an interactive session with Dr. Isaac which was organised by Markaz Law College.

The Muslim girl, a 2nd year law student, asked Dr. Isaac a question and was later called on stage to receive a gift. While on stage, she shook hands with the Minister.

After the event, a Facebook post and a WhatsApp video began circulating which presented the handshake as a violation of Shariat law. In the latter, the petitioner, one Abdul Noushad, was seen making remarks in a similar vein and accusing the girl of adultery.

The girl later filed a complaint against Noushad's actions for causing disgrace to her and her family following which he 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).

Noushad then approached the Court to quash the proceedings initiated against him, contending that the charges against him would not be attracted considering the facts of this case.

However, the Court noted that Noushad had not denied making the remark.

Hence, it deemed it fit that he be tried for the offence.

The Court also observed that that societal beliefs and religious practices must align with the Constitution of India and that society is duty-bound to support the cause of the young law student.

"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 Court said in its order.

Therefore, the Court dismissed Noushad's petition and directed the trial court to dispose of the case expeditiously.

Noushad was represented by advocate VA Vinod.

Senior Public Prosecutor Renjith TR appeared for the State.

[Read Order]