Right to life stands on higher pedestal than right to religion: Bombay HC

“The right to live with dignity, the right to preserve childhood and the human rights of the child are contemplated within the Fundamental Right to Life under Article 21 of the Constitution," Justice Mridula Bhatkar said

Bombay HC, Right to life, Right to Religion, Religion, Indian Express. Indian Express News

Bombay High Court (File)

Observing that the right to life contemplated as a fundamental right under the Constitution stands on a “higher pedestal than the right of religion”, the Bombay High Court recently granted the custody of a minor girl child to her maternal grandmother. The father of the child is Muslim while the mother, who was a Hindu, had converted to Islam after marriage. The child’s paternal and maternal grandmothers were contesting for her custody since her mother has died and her father, accused of killing her, was on death row in the UAE.

“The right to live with dignity, the right to preserve childhood and the human rights of the child are contemplated within the Fundamental Right to Life under Article 21 of the Constitution. Though the Constitution grants the Right to Religion under Article 25, under such circumstances, Article 21 stands on a higher pedestal than the Right of Religion. In fact, all the religions have noble principles and thoughts wherein human dignity is revered. No religion teaches that the child be exposed to vices, dishonesty and falsity,” said Justice Mridula Bhatkar.

The couple had married on May 11, 2008. On August 8 that year, the wife converted. Their daughter was born on March 2, 2009. The couple were then living in Dubai. On March 11, 2013, the man allegedly strangled his wife and is now on death row. While a trial court granted the girl’s custody to the maternal grandmother, the parental grandmother moved the high court which stayed the trial court’s order. The girl was living with the paternal grandmother during pendency of the appeal and used to visit her maternal grandmother in Thrissur, Kerala, on vacations. After one such vacation, the paternal grandmother alleged sexual assault on the girl by her uncles in 2014 and the case was transferred to Thrissur with an offence under POCSO.

Story continues below this ad

“I am of the view that the minor child is unable to give intelligent preference and is tutored and tends to imagine the sexual acts,” said the court. “There is an attempt to create malice in the mind of the child against the family of her deceased mother.” “…I maintain the order passed by the District Judge, Mangaon, District Raigad appointing the maternal grandmother as guardian of minor child,” said the court.

Rajiv Chavan, appearing for the paternal grandmother, had argued that the fact that the girl was born Muslim was relevant while deciding guardianship. Advocate Flavia Agnes, appearing for the maternal grandmother, had said the assault charge was bogus, and submitted a medical report.

Stay updated with the latest - Click here to follow us on Instagram

Tags:
Bombay HC