Kerala HC bars transfer of Kumbh Mela viral star out of Kochi
Synopsis
Key Takeaways
The Kerala High Court on Tuesday, 28 July issued an interim order protecting the woman widely known as the Kumbh Mela viral star, directing the Kerala government to ensure she is not removed from the jurisdictional limits of Kochi against her will or without the court's explicit permission. The order effectively blocks any move to hand her over to the Madhya Pradesh Police without prior judicial approval.
What the Court Ordered
Justice Bechu Kurian Thomas issued the direction while hearing the woman's writ petition seeking police protection. The court stated clearly: 'The State shall ensure that she is not removed from the jurisdictional limits of Kochi against her will until the writ petition is finally decided.' The interim order also continued the police protection previously granted to the petitioner.
Why the Case Reached This Point
The court intervened after being informed that the National Commission for Scheduled Tribes (NCST) had written to the Kerala Director General of Police, asking that the woman be handed over to the Madhya Pradesh Police in accordance with due process. The NCST was acting on a complaint filed by a social worker who alleged the woman was a minor when she married Mohammed Farmaan. The Commission had itself directed that appropriate High Court orders be obtained before its directions were implemented.
The Petitioner's Fears and Legal Arguments
The woman's counsel argued before the court that she feared for her life if returned to Madhya Pradesh, contending she could face an honour killing if compelled to go back to her family. The counsel submitted that she was 18 years and three months old at the time of her marriage, and that her original birth certificate was subsequently cancelled without her knowledge. That cancellation, the counsel noted, has already been challenged before the Madhya Pradesh High Court.
The Court's Note on Security
While continuing police protection, Justice Bechu Kurian Thomas orally observed that the police could only protect the woman if they knew her whereabouts, noting that providing security would be difficult if she remained in hiding. The court clarified that whenever she faced an immediate threat, she should contact the woman protection officer assigned to her case for prompt assistance.
Background and What Comes Next
The woman first secured police protection from the Kerala High Court in June. That interim protection was briefly withdrawn after police reported they could not trace her, but was restored last week after she again approached authorities seeking safety. This comes amid a broader national conversation about the rights of women in inter-community marriages and the jurisdictional limits of tribal welfare commissions. The case is scheduled for further hearing next week.