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Articles by Mohammed Afeef
Ethnicizing law: the Hindu majoritarian project to convert Muslim places of worship in India
ABSTRACT An integral part of the Hindu majoritarian project is projecting the Indian Muslim and Christian as the other, perceived as threats to the survival and integrity of the ethnic nation. A facet of the movement is the organized endeavour to convert minority religious places of worship into Hindu temples across India. The tool chosen to achieve this is the law. I examine the litigation surrounding three historic mosques in detail: Babri, Gyanvapi, and Shahi Idgah.
Partisan shadows on the Bench: Political affiliations in Judicial appointments
THROUGH THE FIRST, SECOND AND THIRD JUDGES CASES decided in the 1980s and 1990s, the judiciary gradually reasserted its authority over judicial appointments by the creation of the Collegium system. Ever since, critics have rightly pointed out the absence of transparency in the judicial appointments process. There is a lack of clear, publicly available criteria for selection or denial of appointment and a failure to disclose reasons as to how or why a candidate is suitable for appointment or not.
Justice A.S. Oka: The Judge Known For Taking Suffering Seriously
Editor’s note: Friday was the final working day of Justice Abhay Sreeniwas Oka. We reproduce this ode to Justice Oka, authored by advocates Mohammed Afeef and Basawa Prasad Kunale with inputs from Arvind Narrain, on the eve of his elevation to the SupremeCourt, originally published in August 2021. It has been 36 years since the legal scholar, Prof.
Justice A.S. Oka: The judge known for taking suffering seriously
IT HAS BEEN 36 YEARS SINCE THE LEGAL SCHOLAR, PROF. UPENDRA BAXI wrote his seminal article "Taking Suffering Seriously: Social Action Litigation in the Supreme Court of India", in which he extolled the virtues of social action litigation/ public interest litigation (PIL). In his words, the Supreme Court had, at the time, become the "last resort for the oppressed and bewildered".
The year that was-11 | SC’s UP Madarsa Act judgment: Restoring the unity-diversity balance
THE Supreme Court on November 5, 2024 overturnedthe Allahabad High Court decision that struck down the Uttar Pradesh Board of Madarsa Education Act, 2004 as unconstitutional. The high court had held that the Act violated Articles 14 (equality) and 21A and the principles of secularism and was therefore against the basic structure of the Indian Constitution.
Making a case for decriminalising sex work for the right to live with dignity – The Leaflet
On May 19, 2022 the Supreme Court Bench of Justices L. Nageswara Rao, B.R. Gavai and A.S. Bopanna, inBudhadev Karmaskar versus State of West Bengal observed that sex workers across India suffer from a lack of legal identity. The Bench passed Orders based on the final report of a Supreme Court-appointed panel. Notably, the most significant observation was that sex workers have the right to live with dignity under Article 21 of the Constitution.
Opinion: To ask if hijab is an essential religious practice is to ask the wrong question
On October 13, the Supreme Court delivered a split verdict in the Karnataka hijab case (Aishat Shifa vs State of Karnataka). While Justice Hemant Gupta upheld the Karnataka High Court judgement backing the ban on the hijab in educational institutions, Justice Sudhanshu Dhulia penned a dissenting judgement. This split verdict means that the matter must now be placed before a larger bench by the Chief Justice.
Denying Students Educational Services for Wearing Hijab Is Unconstitutional
Hijab-wearing Muslim women students in the Karnataka government-run Pre-University College in Udupi continue to be denied entry into their classrooms. They were forced to stand outside their classrooms as they were wearing hijabs. Media reports highlighted similar incidents in Pompei College in Mangaluru and the in Chikmagalur.
Denying Students Educational Services for Wearing Hijab Is Unconstitutional
Hijab-wearing Muslim women students in the Karnataka government-run Pre-University College in Udupi continue to be denied entry into their classrooms. They were forced to stand outside their classrooms as they were wearing hijabs. Media reports highlighted similar incidents in Pompei College in Mangaluru and the in Chikmagalur.
Justice A.S. Oka: the judge known for taking suffering seriously – The Leaflet
Justice Abhay Shreeniwas Oka’s tenure as the Chief Justice at the Karnataka High Court shines bright as an example of judicial activism within the four corners of the law, imbued with a constitutional philosophy, write MOHAMMED AFEEF and BASAWA PRASAD KUNALE, as he gets set to serve at the Supreme Court. —- IT has been 36 years since the legal scholar Prof.
Does Law Allow Calls to Boycott Muslims During the COVID-19 Lockdown?
The increase of COVID-19 positive cases in India due to targeted testing following the Tablighi Jamaat gathering in Delhi on March 13-14 had led to a disturbing rise in cases of hate speech aimed at the entire Muslim community. Some in the media took to labelling the entire community as ‘corona criminals’ propagating ‘corona-jihad’. The Star of Mysore newspaper went to the extent of inciting genocide/ethnic cleansing of Muslims in India.
Politicians Are Making Use of a New Trend of SLAPP Suits
Tejaswi Surya, the Bharatiya Janata Party candidate contesting from the Bangalore South Lok Sabha constituency, approached the civil court in Bangalore on March 29, just about 20 days before the city went to polls, in the context of a #MeToo (sexual harassment) allegation against him, made on Twitter.
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