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 […]

Food Adulteration Laws in India and Government’s Response – Published in LiveLaw

In the year 1954, the Central Government consolidated legal provisions by way of comprehensive legislation (the Prevention of Food Adulteration Act 1954) to curb food adulteration and repealed all the laws in relation thereto in force on that date. The penalties for the offences in 1954 Act were set out and from time to time, […]

Issues For The Court To Settle – Published in the Statesman

The appeal of the Vice-President of India to the Supreme Court to clarify the contours within which the principles of secularism and composite culture should operate has taken many people by surprise. But this issue has been talked about earlier also. Intellectuals, activists and even religious heads have spoken on this repeatedly. However, the Vice […]

‘Nationalists’ Who Hate Nationalism – Published in the Statesman

Now it is a time for testing who is a nationalist. Your love for the nation may not be important. To show love, you need to participate in a referendum on a daily basis to establish you are a nationalist. The test of your nationalism is not your love for the Constitution of India, or […]

A Terror Suspect Cannot Be A Terrorist – Published in The Statesman

Media reporting of criminal investigation and prosecution in the last 15 years has changed manifold. In case the suspect is arrested for terrorist activity and the police have started their investigation, the matter reaches the highest level of sensationalism. This was the case with Wasif Haider of Kanpur, who was arrested in many cases and […]

And Where Were The Muslim Lawyers? – Published in The Statesman

The hanging of Yakub Memon drew unexpected intention at the last moment when it had become abundantly clear that he had to go to the gallows. His case in the Supreme Court was pressed hard, in unprecedented hearings lasting till dawn two hours before he was actually hanged. The Court can be appreciated for having […]

Forcing a Choice on Children – Published in The Statesman

An Office Memorandum, directing all secondary and senior secondary schools to conduct prayer for twenty minutes, issued by the Government of Rajasthan became the subject matter of challenge in a petition before the High Court. Twenty minutes’ prayer time was trifurcated; five minutes for prayer, National song, National anthem, next 10 minutes for Suryanamaskar (Salutation […]

Due Process and Law Enforcement – Published in The Statesman

The curtailment of civil liberty in the form of detention of a civilian has a long history. In third world countries, like India, police officers and generally the Courts take view that ‘the end justifies the means’. In their eyes, taking unauthorized liberties in stopping, questioning and searching a citizen is commendable police work, if […]