Videos by Md. Zafar M A H F O O Z Nomani
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Papers by Md. Zafar M A H F O O Z Nomani
Manchester Journal of Transnational Islamic Law & Practice, 2023
The focus of this article is the Shari’ah-compliant Maldives family law‘s decennial
working in ... more The focus of this article is the Shari’ah-compliant Maldives family law‘s decennial
working in fostering familial relations, gender justice, and children’s welfare. The discourse
and diametric of divorce procedures are based on the discursive analysis of the Maldives
Family Act (2000). The article analyses the phenomenology of the rise in divorce in the
Maldives based on the content and right-based approach of the breakdown theory of divorce
under Sections 23-30 of the Act. The family jurisprudence and narrative in Maldives stem from
the British colonial statutes, Portuguese legal traditions, and foundational values of Islamic
laws and modern legislative reforms. The Quranic and Shari’ah-based norms are grounded in
the Constitution of Maldives (2008) and there are requirements of international feminist law,
most notably the Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW) (1979). The diversity of factors relating to the dissolution of marriages vis
a vis family dispute resolution by the Family Court and Magistrate Court offers insightful
understanding of the real-world implementation of divorce law in general and break down
theory of divorce in particularities of the Maldives. This article finds that a high incidence of
divorce is primarily attributed to the breakdown theory of divorce recognised under Sections
23-30 of the Maldives Family Act (2000). In nutshell, marriage neither is the mega event of
life nor is divorce a stigma in the Maldivian socio-legal milieu, and so are the frequent widower
and divorcee re-marriages in Maldivian society. The application of the breakdown theory of
divorce and its enforcement in the Maldives Family Act (2000) is a good example for
refurbishing Shari’ah oriented as well as common law-based family laws across multicultural
and heterogeneous jurisdictions of the world.
Keywords: Break Down Theory; Dissolution of Marriages; Faskh, Ruju’ & Khul’ Divorce;
Gender Justice; Maldives
Revisiting the necessity of expert advice in the Pulp Mill case: The possible scientific findings and the evident judicial gap
https://www.livelaw.in/book-reviews/lectures-on-procedural-laws-book-review-aishwarya-singh-justice-krishan-murari-229682, 2023
The conflict and court marshal side by side and procedural law assumes the ‘role of lens of the l... more The conflict and court marshal side by side and procedural law assumes the ‘role of lens of the law’ to magnify the litigation and judgment. The procedural laws sound full of magic because it conjures a world of its own and seeks to depict the ‘real’ world in its social legal milieu. Lectures on Procedural Laws by Aishwarya Pratap Singh capture the arte facts of procedural laws in pragmatic fashion. It dexterously dwells on the intricacies and complexities of the procedural laws with lucidity and clarity to not only students, practitioners but teachers also. The foundational values of the procedural laws derive sustenance and life breath from the principles of natural justice. The principle ‘audi alteram partem’, which means that ‘no one should be condemned unheard’ can only be realized through the instrumentality of fair procedural compliance and canons of justice. Right from the rights of arrested person, the concept of remand, the stage of charge framing, the hearing and trial of the convict, the procedural laws plays indeed a pivotal role in the judicial strategy and pronouncement of judgment. The quantum of sentence is also are all based on the articulation of the procedural laws. It is under this backdrop the blurb of the book mentions that the ‘procedural laws constitutes the core’, ‘conceptual clarity’ and ‘policy of law’ for ‘law student and advocates’ alike. It further adumbrates the key features of the book which runs from the underlying legal policies of the provisions of the Indian Evidence Act, 1872 Civil Procedure Code, 1908 Criminal Procedure Code, 1973 and Mediation Bill, 2021. the key features of the book appears as an embodiment of theoretical and applied discourse for easy reference, critical analysis of the ratio and obiter of the Supreme Court and High Courts and authentically crafted Multiple Choice Question and model answers.
Banaras Law Journal , 2021
The book under review is Constitutional Law by Mamta Rao and published under the aegis of the Eas... more The book under review is Constitutional Law by Mamta Rao and published under the aegis of the Eastern Book Company of Lucknow. It is a comprehensive treatise on constitutional studies in India. The publisher has been credited with prestigious work on constitutional law and governance, catering to the need of scholars and readers of constitutionalism in perfection. The present book is also thematic from the point of view of the aims and aspirations of its people towards the Constitution of India. The constitution of any country reflects the national underpinnings, and the erudite work on Constitutional laws by Mamta Rao gives a comprehensive overview of the subject with objectivity and lucidity. It delves deep into the complete review of recent case laws to impart the best-updated understanding of the recent developments in constitutional law.
Muslim World Book Review, 2023
The book under review is an outcome of understanding the social exclusion,
ethnoreligious discrim... more The book under review is an outcome of understanding the social exclusion,
ethnoreligious discrimination, and current political system and culture
in India. It dwells on the exclusion and discrimination of Muslims in the
sphere of power, opportunities, and equality.
Corporate Social Responsibility & Companies Act: Strategising a New Paradigm for Inclusive Growth
Al Barkaat Journal of Finance Management, 2014
Inclusive growth has assumed an overarching objective of governance under the eleventh and twelft... more Inclusive growth has assumed an overarching objective of governance under the eleventh and twelfth five year plans. Recent establishments have privileged prosperity promotion relative to poverty alleviation. The magnitude of disparities bespeaks state's failure to translate accelerated growth into inclusive growth. India is prospering but Indians are not. With an increasing concentration of wealth and resources in private hands since the onset of NEP, there is an evident realization of the need to break the mould of brand ‘capitalism’, and make them cognizant of their societal responsibilities. The paper examines the mandate and potential of the Companies Act, 2013 with respect to the CSR governance, ambit of CSR operations, guidelines for spending, key compliance requirements, and activity mapping for making a robust CSR programme. Highlighting concern over the current growth trajectory, the paper submits that the CSR provisions of the new act, if applied to in consonance with social justice principles of our Constitution, have a tremendous potential to arrest social and economic disarticulation which the present pattern of development threatens to set in.
Journal of Intellectual Property Rights, 2021
The Indian law on protecting plant variety and biodiversity, along with its attendant rules and g... more The Indian law on protecting plant variety and biodiversity, along with its attendant rules and guidelines, tries to capture the biological inventions and evergreening. However, the techno-legal dimension of access and benefit-sharing falls beyond the pale and purview of the natural scientist's intense examination. The Supreme Court, High Court, and National Green Tribunal (NGT) frequently confront the legal interpretation of Normally Traded Commodities (NTCs), Value-Added Products (VAPs), and prospecting of biological resources. These vexed issues having a potential bearing on scientific research and innovations necessitate amicable resolution of complex biodiversity disputes to keep people and researchers' faith and other commercial entities in the judiciary intact. The paper attempts to subsume these concerns and highlight the repercussions of judicial interpretation and perception of biological resources on biotechnological research and discoveries in the Indian context.
Health is not merely the absence of disease but a state of physical, mental and social wellbeing.... more Health is not merely the absence of disease but a state of physical, mental and social wellbeing. It encompasses all facets of human right, including the right to health automatically. In the erstwhile Jammu and Kashmir state and now Indian Union Territory (UT) has been under conflict situation resulting in assaults on health by conventional and rubber bullets, tear gas shells and pellet firearms in crowd control and security. The security forces during the last three decades to quell the discontentment and uprising have used power to the detriment of the people's health and well being. The access to health care and delivery assumes importance in conflict and peace situations equally being inalienable human right to life and health. The paper takes a legal stance on security-driven health issues and diseases in the human rights perspective in Kashmir.
Indian Journal of Forensic Medicine & Toxicology, 2021
This paper deals with the efficacy of the Epidemic Diseases Act, 1897 and Epidemic Diseases Amend... more This paper deals with the efficacy of the Epidemic Diseases Act, 1897 and Epidemic Diseases Amendment Act, 1937 in the context of Covid-19 pandemic. The colonial mould of epidemic control laws reviewed the World Health Organization (WHO) legal guidelines for disease preparedness and response. The public health strategies of epidemic-pandemic control need juristic innovation, and blanket application of British enactment fall short of the expectation of the right based approach health and equity. The enforcement of the Epidemic Diseases Act, 1897 during dengue, swine flu, influenza and COVID-19 criticized by the Indian medico-legal community in India. The emerging discourse can be tailor-made to suit the magnitude of the Covid-19 and pandemics needs a careful analysis. Though the WHO Revision of the International Health Regulations, 2005 offers new paradigm the Indian government resort to the Epidemic Diseases Amendment Ordinance, 2020 needs a critical appraisal in COVID-19 pandemic in India.
Annals of Romanian Society of Cell Biology, 2021
The Environmental Impact Assessment (EIA)DraftNotification 2020 passed during the COVID-19 pandem... more The Environmental Impact Assessment (EIA)DraftNotification 2020 passed during the COVID-19 pandemic for diagnostic and therapeutic projects' expeditious disposal. Ministry of Environment, Forest, and Climate Change placed the bulk drugs and intermediates under the B2 category of the project to deal with the epidemic-pandemic situations. The sense of urgency was well covered under the global outbreak of COVID-19 but criticized the ground of environmental impact assessment (EIA), social impact assessment (SIA), and strategic environmental assessment (SEA). The EIA Notification, 2020,exempted Category B2 Projects from Baseline data, EIA Studies, and public consultation.The characteristic features of the amendment related to the shortening of the public hearings and environmental clearance. These industries' locations allowed in ecologically sensitive areas ignoring the adverse ecological, social, and health impacts. The paper examines the EIA Notification, 2020,in light of the legal precept and judicial doctrines of sustainable development.
Higher Education Good Governance and Development: Issues, Challenges and Prospects, 2020
The chapter deals with the conceptual and theoretical framework of sustainable development and gr... more The chapter deals with the conceptual and theoretical framework of sustainable development and gradual incorporation in legal discourse by exploring rubrics of international environmental law. The evolution and development of international environmental law from Stockholm to Paris is an array of hard and soft law of international legal norms including international humanitarian law. The Chapter also highlights the polemics of sustainability and legal translation in to the national corpus of environmental law. The diametric of monism and dualism has also been probed to reflect Indian approach to sustainable development law in judicial and legal parlance.
Issues in Women’s Right: A Practitioner Resource Book, 2014
The British colonial administration institutionalized indigenous family laws to their direct econ... more The British colonial administration institutionalized indigenous family laws to their direct economic interests by charting a ‘technical vocabulary of rule’ and mistook it ‘for a description of social relations’. The legal system of the British Raj was incorporated to yield incrementalist changes with the same configuration in the post-colonial states. The nationalist uncritically assumed the governmental mantle that was bequest of the colonizers. The discernable trend in historical sequencing follows that Muslim personal laws were codified first and the codification of Hindu Personal Law started at a later stage even though the religious laws of India became conceptually linked to the construction of national identity. In this process of reform, it is always logical to question the myth of Hindu progressivism and Muslim regressive simply because of the historical accident that the former took place in pre-Independence days and the latter happened in independent India. It is not out of context, to further ask as to why the partial reform of Hindu Personal Law by post-colonial legislature simultaneously avoided codifying the personal laws of Muslims on succession, inheritance, marriage, and divorce.
New Directions in Higher Education in India, 2014
Public interest litigation (PIL) radically transformed the jurisprudential rubric of consumer rig... more Public interest litigation (PIL) radically transformed the jurisprudential rubric of consumer rights and justice in India. The judiciary meticulously engaged in fashioning consumerism under the right to life and human right approaches. The PIL under Articles 32 and Article 226 of the Constitution of India, 1950 and relaxation of the doctrine of locus standi empowered the common man in actualizing the right to live with human dignity and qualitative consumption of goods and services. The notion of PIL has gone its way ruthlessly, impelled by an inner logic of its own, sweeping aside all objections and obstacles until in course of time it run its own course of action. Thus the public interest law provides legal representation to unrepresentative groups by the recognition the interests of marginalized, environmentalist, consumers, and minorities by balancing the scale of justice. PIL focuses on policy-oriented justice by advancing law reform within the spectrum of PIL includes environmental protection, consumer justice, and sustainable development, land and energy use, tax reform occupational safety, health care, media access, corporate responsibility, educational reform, employment benefits, enforcement of labour laws, and gender justice. The paper takes a legal stance in the assessment and impact of PIL movement in the protection of consumer rights and justice in India.
European Journal of Molecular & Clinical Medicine , 2020
The Jumhuriya Maldives or Dhivehi is a set of 1200 islands nestled inside the Indian Ocean. It is... more The Jumhuriya Maldives or Dhivehi is a set of 1200 islands nestled inside the Indian Ocean. It is an exotic hideaway with palm-lined sandy beaches and turquoise waters that many believe to be a surprising record paradise on earth. Its divorce rate is the highest in the world. Divorce a socio-legal issue involving the legal dissolution of marriage, the couple is separated, and the family structure changes. When one partner entered into marriage with high expectations and met with only a lukewarm response from the other, disillusionment follows. Besides, society's acceptance of a high divorce rate has damaged relationships between men and women and has weakened the institution of marriage, which is the foundation of a stable society. The paper empirically examines the phenomenal effects of divorce and its consequences on society's family health and welfare.
Keywords: Dhivehi Jumhuriya, Marriage, Divorce, Gender Justice, Maldives
Systematic Review in Pharmacy , 2020
Abstract: The public health laws are passing through a process churning in the COVID-19 pandemic ... more Abstract: The public health laws are passing through a process churning in the COVID-19 pandemic in India. The effectiveness of quarantine law under 160 years old Indian Penal Code, 1860, and 123 years old Epidemic Diseases Act, 1897 proved short-lived euphoria in controlling horrendous COVID-19 pandemic. The nation-wide Lockdowns on the ground of Sections 6, 10, 38, and 72 of the Disaster Management Act, 2005, provided significant assistance in dealing with formidable challenges of COVID-19. The execution of these laws revealed the safety and security of public health professionals and the delivery system to high vulnerability. Therefore the President of India promulgated the Epidemic Diseases (Amendment) Ordinance, 2020 declaring 'act of violence' cognizable and non-bailable with high deterrent value. The paper explores the range of normative choices in refurbishing the public health laws beyond the command and control approach evidenced in Epidemic Diseases (Amendment) Ordinance, 2020, to therapeutic perception public health and equity in India.
Keywords: Public Health Law, Soft International Law, Health & Hazards, Violence & Damage, Preparedness & Response, Epidemic-Pandemic.
Systematic Review in Pharmacy 2020;11(7)131-134
European Journal of Molecular & Clinical Medicine , 2021
The paper deals with the legal framework for the health care in prisons and detention homes durin... more The paper deals with the legal framework for the health care in prisons and detention homes during COVID-19 pandemic in India. The World Health Organization has issued Guidance on COVID-19 for Prisons and Detention, 2020 for the health care system to deal with challenges of contagion in the arena of criminal justice system. The National Crime Record Bureau and the Prison Statistics India, 2020 revealed overcrowding and occupancy in jails as formidable threat of infection and transmission. Though the health and human rights envisages highest attainable standard of health among prisoners and detainees, ripple effect on community infection through detainees in detention homes and jails cannot be ruled out. The global outbreak of the COVID-19 has cascading effect on the health of inmates and convicts living in enclosed environments during the pandemic.
Asian Journal of Water Environment & Pollution , 2021
The paper appreciates coal mining laws and policies applied by National Green Tribunal to ban tra... more The paper appreciates coal mining laws and policies applied by National Green Tribunal to ban traditional, artisanal and rat-hole coal mining in Jaintia Hills of Meghalaya (a state in India) in an attempt to conserve its environment and biodiversity. Meghalaya represents an important part of the Indo-Burma biodiversity hotspot which is one of the four biodiversity hotspots of India and ranks 34th among the hotspots in the world. It is equally bestowed with rich deposits of coal, which can be found in the Khasi Hills, Garo Hills and Jaintia Hills districts. Coal mining from these districts is labour-intensive and involves digging narrow rat-hole sized tunnels that are four-feet high. The workers enter into the rat-hole in an extremely hazardous manner, setting aside the ergonomic principles for the extraction of coal. The legal framework of coal mining is governed by Mines
International Journal of Pharmaceutical Research , 2020
ABSTRACT
The global outbreak of the COVID-19 has a ripple effect on community transmission by pr... more ABSTRACT
The global outbreak of the COVID-19 has a ripple effect on community transmission by prisoners in jails, detainees in detention homes and trial and release in society. The National Crime Record Bureau and the Prison Statistics India, 2020 documented overcrowding and occupancy, resulting in high risk of infection. The health and human rights envisage the highest attainable standard of health among prisoners and detainees. The World Health Organization has also issued Guidance on COVID-19 for Prisons and Detention, 2020 institutionalizing the strategic mechanism to deal with the COVID-19 challenges in prisons and detention homes. The guidance protects the health of inmates and convicts living in enclosed environments, considering them prone to the COVID-19 infection and spread among the population. The United Nations Principles of the Protection of Prisoners, 1982 and Basic Principles for the Treatment of Prisoners, 1990 along with the Moscow Declaration on Prisons and Health, 2003 and Nelson Mandela Rules, 2015 provide for the health administration & criminal justice system (CJS). The WHO Interim Guidance on Preparedness, Prevention and Control of COVID-19 In Prisons and Other Places of Detention, 2020 is categorical in preventive and remedial measures for the prisons and detention homes in the contagion of COVID-19. The paper argues for the legal policy for the health care in jails and detention homes in the light of the judgment of High Courts and Supreme Court during the lockdown in India.
Keywords: COVID-19, Health Care, Prisoners, Detention Homes, Human Rights, WHO Guideline, De-carceration.
Solid State Technology , 2020
The water resources in India, in general, and Ganga Rivers, in particular, suffer from deteriorat... more The water resources in India, in general, and Ganga Rivers, in particular, suffer from deterioration of water quality. The demographic rise, industrialization and urbanization led to the land and basin degradation of Ganga Rivers. The ecological entity and juristic personality of River Ganga traced from the standpoint of the legal status. In Ganga River Pollution vs State of Uttar Pradesh, Mohammed Salim vs State of Uttarakhand and Lalit Miglani v. State of Uttarakhand the Uttarakhand High Court of India realized that Rivers Ganga and the Yamuna are liquidating their identity and require remedial measures. To restore its pristine glory, the Court declared these rivers as a living entity and legal personality. It assigns a top priority of environmental governance of the river by recognizing the doctrine of loco parentis and parens patriae on the Namami Gange (Clean Ganga) inspectorate and the State of Uttarakhand for the preservation and conservation of Ganga and Yamuna rivers. The paper accounts the legal status vis-à-vis the reverence and sanctity attached to Ganga River in critical perspective.
International Journal of Pharmaceutical Research, 2020
The COVID-19 pandemic enjoined the Central and the State Governments to revamp economy and foster... more The COVID-19 pandemic enjoined the Central and the State Governments to revamp economy and foster investment for manufacturing industries and factories. These measures tend to boost the economy to come out of the morass of lockdown. The concerns of the Indian labour force in their fight for the just and humane condition of living became a daunting challenge. The Ministries of Labour and Home implored industrial houses for the equitable and compassionate treatment towards workers during COVID-19 pandemic. Many states embarked on the exemption drive from the labour laws setting labour rights in jeopardy. The labour lawmaking is a legislative subject under the concurrent list of the Constitution of India,1950 needs a judicious approach for the social security measures and protection of worker rights. The federal states exemption ordinances and its enforcement, not only require the categoric intervention of central government but by the judicial organs of the State. The foundational values of Labour laws are labour specific and not capitalist oriented in its application and enforcement.
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Videos by Md. Zafar M A H F O O Z Nomani
Papers by Md. Zafar M A H F O O Z Nomani
working in fostering familial relations, gender justice, and children’s welfare. The discourse
and diametric of divorce procedures are based on the discursive analysis of the Maldives
Family Act (2000). The article analyses the phenomenology of the rise in divorce in the
Maldives based on the content and right-based approach of the breakdown theory of divorce
under Sections 23-30 of the Act. The family jurisprudence and narrative in Maldives stem from
the British colonial statutes, Portuguese legal traditions, and foundational values of Islamic
laws and modern legislative reforms. The Quranic and Shari’ah-based norms are grounded in
the Constitution of Maldives (2008) and there are requirements of international feminist law,
most notably the Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW) (1979). The diversity of factors relating to the dissolution of marriages vis
a vis family dispute resolution by the Family Court and Magistrate Court offers insightful
understanding of the real-world implementation of divorce law in general and break down
theory of divorce in particularities of the Maldives. This article finds that a high incidence of
divorce is primarily attributed to the breakdown theory of divorce recognised under Sections
23-30 of the Maldives Family Act (2000). In nutshell, marriage neither is the mega event of
life nor is divorce a stigma in the Maldivian socio-legal milieu, and so are the frequent widower
and divorcee re-marriages in Maldivian society. The application of the breakdown theory of
divorce and its enforcement in the Maldives Family Act (2000) is a good example for
refurbishing Shari’ah oriented as well as common law-based family laws across multicultural
and heterogeneous jurisdictions of the world.
Keywords: Break Down Theory; Dissolution of Marriages; Faskh, Ruju’ & Khul’ Divorce;
Gender Justice; Maldives
ethnoreligious discrimination, and current political system and culture
in India. It dwells on the exclusion and discrimination of Muslims in the
sphere of power, opportunities, and equality.
Keywords: Dhivehi Jumhuriya, Marriage, Divorce, Gender Justice, Maldives
Keywords: Public Health Law, Soft International Law, Health & Hazards, Violence & Damage, Preparedness & Response, Epidemic-Pandemic.
Systematic Review in Pharmacy 2020;11(7)131-134
The global outbreak of the COVID-19 has a ripple effect on community transmission by prisoners in jails, detainees in detention homes and trial and release in society. The National Crime Record Bureau and the Prison Statistics India, 2020 documented overcrowding and occupancy, resulting in high risk of infection. The health and human rights envisage the highest attainable standard of health among prisoners and detainees. The World Health Organization has also issued Guidance on COVID-19 for Prisons and Detention, 2020 institutionalizing the strategic mechanism to deal with the COVID-19 challenges in prisons and detention homes. The guidance protects the health of inmates and convicts living in enclosed environments, considering them prone to the COVID-19 infection and spread among the population. The United Nations Principles of the Protection of Prisoners, 1982 and Basic Principles for the Treatment of Prisoners, 1990 along with the Moscow Declaration on Prisons and Health, 2003 and Nelson Mandela Rules, 2015 provide for the health administration & criminal justice system (CJS). The WHO Interim Guidance on Preparedness, Prevention and Control of COVID-19 In Prisons and Other Places of Detention, 2020 is categorical in preventive and remedial measures for the prisons and detention homes in the contagion of COVID-19. The paper argues for the legal policy for the health care in jails and detention homes in the light of the judgment of High Courts and Supreme Court during the lockdown in India.
Keywords: COVID-19, Health Care, Prisoners, Detention Homes, Human Rights, WHO Guideline, De-carceration.