Kerala High Court berates media for misleading reports alleging forceful conversion of woman to Islam; directs Police to ensure her protection

The Kerala High Court on Wednesday dismissed a petition filed by a man alleging that his 'second wife' and son were forcefully converted from Christianity to Islam and detained by some 'extremist' institutions (Gilbert PT Vs. State of Kerala)..A Division Bench of Justices K Vinod Chandran and Ziyad Rahman AA , saw no merit in the petitioner's allegations after it interacted with the lady who told the Court that her conversion to Islam was out of free will and there was no coercion from anybody. The Court, therefore, instructed the police to take immediate action to ensure that the mother and son are allowed to live their life without interference and harassment from the petitioner or the media..The Court also expressed dismay at the manner in which the media responded to this case."The moment we issued notice, which the Court usually does in petitions seeking a writ of habeas corpus; unless there are very compelling circumstances otherwise, there appeared columns in the media with an innuendo that the mother and child are in the custody of extremist bodies. We are saddened and dismayed because such outbursts, without verifying the ground realities, only results in polarization of communities, which civil society can ill-afford," the Court said in its order. .The petitioner, one Gilbert PT, a Roman Catholic and a former CPI(M) worker, had filed the Habeas Corpus petition on June 29, 2021 seeking the release of his 'wife' and son from illegal detention at the Therbiyathul Islam Sabha, a religious institution in Kozhikode, Kerala..He approached the Court raising concerns about the welfare of his 'second wife' and claimed that the institutions responsible for the alleged forceful conversion had even offered him Rs 25 lakh for converting to Islam as well..Subsequently, the mother and child were produced before the court by the police. Upon enquiring about the findings of the police, Shaiju NB, Inspector of Police, Thenhipalam, informed the Court that the mother is actually the petitioner's wife's sister and is in fact, not legally wedded to her brother-in-law. The police also found that the mother and son used to live with the petitioner and his wife but moved out and have been living separately for a while.The mother is currently working at a bakery owned by a Muslim man, was attracted by the religion and underwent training and converted to Islam on her own free will..All these findings of the police were confirmed by the Court after the Bench spoke with the mother. The Bench also spoke with the son alone who confirmed that he has not converted to Islam and is still deciding on it. He also told the Bench that he wished to continue living with his mother..The Court allowed the request of the petitioner and his legally wedded wife to be given some time to speak with the mother and son by themselves.Neither mother, nor son, changed their stance after this conversation.However, the mother did inform the court that she is concerned about her son's studies as they have faced frequent interference by outsiders and even the media.The Court sympathised with the mother and noted that the moment they issued notice in the petition, several columns appeared in the media boldly alleging that the woman and child were being detained by some extremist bodies.The Court expressed its dismay at the publication of such unverified reports which "only results in polarization of communities, which civil society can ill-afford"The Court dismissed the petition after directing the jurisdictional Police to ensure that both mother and son are allowed to live peacefully. "If a complaint is raised by the subject-lady before the Police of any harassment, the Police shall take immediate action to ensure that the mother and son are allowed to live their life without undue interference and harassment," the Court directed. .[Read Order]