Why Unsigned Addenda to Ayodhya Verdict Must Go – Published in NewsClick.in

One notable and never-seen-before feature of the recent verdict of the Supreme Court in the Babri Masjid-Ram Janmbhoomi dispute is the separate and anonymous “addenda” affixed to the unanimous ruling of the five-judge bench. Running into 116 pages, this addenda marks a completely new beginning; that of a judge making his opinion public through a […]

Ayodhya Judgement, Far From Right – Published in India Tomorrow

In 1857, the US Supreme Court decided in Dred Scott v. Sandford, that the Constitution of the United States was not meant to include American citizenship for black people, and therefore the rights and privileges it confers upon American citizens could not apply to them. It was wrong proposition but binding on the US citizens […]

Ayodhya verdict: A case closed, wound open – Published in The Mumbai Mirror

The Babri Masjid-Ram Janmabhoomi title case was a long pending legal dispute between two  communities who are the residents of Ayodhya. In 1949 about 100 Hindus placed idols inside the Mosque at a time when Namaz used to be offered by Muslims. Pursuant to this, a dispute arose over time and it became a matter […]

Every final judgment may not necessarily be right and just – Published in the Hindustan Times

The judgment delivered by the Hon’ble Supreme Court of India on the Ram Janmabhoomi-Babri Masjid civil dispute in Ayodhya has given finality to the dispute over 1480 sq yds of land. This small tract of land where the Babri mosque once stood came to be believed to be the birthplace of Lord Ram. This finality […]

Courts Must Censure Wrongful Behaviour of the State – Published in the Indian Express

It is duty of the constitutional courts to make appropriate observations about inappropriate functioning of the state and its administration. The Supreme Court order awarding compensation and rehabilitation to Bilkis Bano is certainly a step forward in strengthening the faith of the common citizen in the judicial process while fighting the failure of the state […]

SC Has Ordered Mediation But the Modi Govt Wants Ayodhya Pot Boiling – Published in The Wire

Two weeks after suggesting mediation as an option, the Supreme Court on Friday directed the parties involved in the Ayodhya case to join a confidential, court monitored mediatory process as means of resolving the dispute. The mediators named are senior lawyer Sriram Panchu, Art of Living founder Sri Sri Ravishankar and Justice Kalifullah, a former […]

Judges Must Not Channel Personal Religious Beliefs Through Judgments – Published in The Wire

Justice S.R. Sen’s recent order in the Meghalaya high court is divided on religious lines and reflects a protectionist attitude towards Hindus. A Meghalaya high court judge had to recently pass a clarificatory order stating that he is not a “religious fanatic.” The need for a clarification sprang from his judgment two days earlier calling […]

For most Muslims, Mosque Crucial for Namaz – Published in the Hindustan Times

In 1994, in the case of Dr Ismail Faruqui vs Union of India, the Supreme Court made two serious observations. One, that a mosque is not an essential part of Islam; and two, that the protection of law to religious places can be tested on the basis of “particular significance”. Of the three judges of […]

Talaq Bill: With Added Provisions – Published in The Kashmir Monitor

The Triple Talaq issue arose out of a suo moto reference of the Supreme Court made in the year 2016.  In August 2017, the issue was settled by a five judges’ judgement, declaring that three pronouncements of Talaq in one sitting by a husband is a non-legal action. The government has since then been trying […]

Eroding Democratic Values – Published in Livelaw

Supreme Court has recently said ‘lynching is an affront to the rule of law and to the exalted values of the Constitution itself’. The Rule of law is one of the basic features of the Constitution of India and the same reflects everywhere in it. Similarly, the Supreme Court has declared ‘Secularism’ as a basic […]

Belittling Damage – Published in The Statesman

The Supreme Court of India has upheld the Gujarat Government’s scheme restricting the compensation for religious places destroyed during the communal riots of 2002 to a maximum of Rs 50,000 with many conditions attached thereto. Before the issue reached the Supreme Court at the instance of the State of Gujarat, in terms of the judgment […]

The Triple Talaq Bill – The Muslim Women (Protection of Rights on Marriage) Bill, 2017

In 1937, in the Act to protect personal laws, it was stated that ‘Muslim Woman Organizations condemned the customary law’ stating that they were ‘disgraceful’ and demanded that the Shariat lawl be made applicable to make their life better by acknowledging the right of Muslim woman to have properties, right to divorce, right to inheritance […]

Will The ‘Triple Talaq Bill’ Really Protect Rights Of Muslim Woman? -Published in LiveLaw

Finally, the Bill relating to Muslim women for protection of their rights on marriage has come into the public domain. Section 3 of the Bill states that “talaq-e-biddat” shall be ‘void’ and ‘illegal’. This is followed by consequence of such void action in terms of Section 4 thereof, stating, whoever pronounces talaq-e-biddatshall be punished with […]

Triple Talaq Judgment: A Majority Verdict Without The Support Of Reasons Of Majority Judges – Published in LiveLaw

The majority view of the five-judge bench of the Supreme Court is that triple talaq, pronounced in one sitting coming into effect instantaneously, is “set aside”. Out of these three judges, two (Justice Rohinton F. Nariman and Justice Uday U. Lalit) also held that this form of talaq was violative of fundamental right mentioned in Article 14, […]

Triple talaq verdict: Five key questions answered by two lawyers – Published in The Indian Express

The Indian Express spoke to two lawyers, M R Shamshad and Anas Tanwir, on Tuesday’s triple talaq verdict. Shamshad is Advocate-on-Record in the Supreme Court of India. He appeared for the AIMPLB and assisted Kapil Sibal during the hearing of the triple talaq case. Tanwir practises in the Supreme Court of India. He is interested in Muslim […]

Why India’s decision to ban triple talaq can’t be guided by laws in Saudi Arabia and Pakistan – Published in DailyO

A Constitution bench of the Supreme Court concluded its hearing on the issue of whether or not triple talaq in one sitting is valid. This was probably the first time when the Supreme Court took the initiative to examine the issue pertaining to personal laws. The central government and its allies heavily relied upon the […]

A Choice Between Faith and Equality – Published in The Statesman

The Supreme Court’s five judges are to hear and take a view as to whether talaq pronounced three times in one sitting and its coming into effect immediately is valid or not. The main proponent in favour of its validity are followers of the Hanafi School of thought who form a substantive majority of the […]

Where Are We On Basic Education? – Published in Millennium Post

Pathetic state of basic education in public funded schools would create very deep disparities, leading to an irreparable imbalance in future generations. We realised very late (in 2002) that the right to education for all children from age of six to fourteen years will have to be made a Fundamental Right and accordingly, by the […]

Appeal To Voters In The Name Of Identity Politics – Published in LiveLaw

In a recently concluded hearing before the Seven Judges Bench of the Supreme Court, Mr Kapil Sibal raised the very fundamental issue in relation to the changed electoral politics in India stating that the very purpose of all the laws regulating corrupt practices in an election is to protect the ‘underlying/enduring constitutional ethos’ and for […]

Understanding an Affidavit – Published in the Statesman

Recently the Muslim Personal Law Board had to file an affidavit running into 68 pages in a proceeding initiated by the Supreme Court on its own motion. On the basis of a few selected lines of the bulky affidavit, the electronic and print media trivialised the stand taken by the Board. The concerted and coordinated […]