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Religion And Law In India
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Book Synopsis Communities and Courts by : Manisha Sethi
Download or read book Communities and Courts written by Manisha Sethi and published by Routledge. This book was released on 2021-12-30 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: The entanglement of law and religion is reiterated on a daily basis in India. Communities and groups turn to the courts to seek positive recognition of their religious identities or sentiments, as well as a validation of their practices. Equally, courts have become the most potent site of the play of conflicts and contradictions between religious groups. The judicial power thus not only arbiters conflicts but also defines what constitutes the ‘religious’, and demarcates its limits. This volume argues that the relationship between law and religion is not merely one of competing sovereignties – as rational law moulding religion in its reformist vision, and religion defending its turf against secular incursions– but needs to be understood within a wider social and political canvas. The essays here demonstrate how questions of religious pluralism, secularism, law and order, are all central to understanding how the religious and the legal remain imbricated within each other in modern India. It will be of interest to academics, researchers, and advanced students of Sociology, History, Political Science and Law. The chapters in this book were originally published as a special issue of South Asian History and Culture.
Book Synopsis Identifying and Regulating Religion in India by : Geetanjali Srikantan
Download or read book Identifying and Regulating Religion in India written by Geetanjali Srikantan and published by Cambridge University Press. This book was released on 2020-10-29 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial debates on the regulation of religion in post-colonial India have been characterised by the inability of courts to identify religion as a governable phenomenon. This book investigates the identification and regulation of religion through an intellectual history of law's creation of religion from the colonial to the post-colonial. Moving beyond conventional explanations on the failure of secularism and the secular state, it argues that the impasse in the legal regulation of religion lies in the methodologies and frameworks used by British colonial administrators in identifying and governing religion. Drawing on insights from post-colonial theory and religious studies, it demonstrates the role of secular legal reasoning in the background of Western intellectual history and Christian theology through an illustration of the place of worship. It is a contribution to South Asian legal history and sociolegal studies analysing court archives, colonial narratives and legislative documents.
Book Synopsis Religion, Law and the State of India by : J. Duncan Derrett
Download or read book Religion, Law and the State of India written by J. Duncan Derrett and published by . This book was released on 1973-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A History of State and Religion in India by : Ian Copland
Download or read book A History of State and Religion in India written by Ian Copland and published by Routledge. This book was released on 2013-05-02 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering the first long-duration analysis of the relationship between the state and religion in South Asia, this book looks at the nature and origins of Indian secularism. It interrogates the proposition that communalism in India is wholly a product of colonial policy and modernisation, questions whether the Indian state has generally been a benign, or disruptive, influence on public religious life, and evaluates the claim that the region has spawned a culture of practical toleration. The book is structured around six key arenas of interaction between state and religion: cow worship and sacrifice, control of temples and shrines, religious festivals and processions, proselytising and conversion, communal riots, and religious teaching/doctrine and family law. It offers a challenging argument about the role of the state in religious life in a historical continuum, and identifies points of similarity and contrast between periods and regimes. The book makes a significant contribution to the literature on South Asian History and Religion.
Book Synopsis Religion and Law in Independent India by : Robert D. Baird
Download or read book Religion and Law in Independent India written by Robert D. Baird and published by . This book was released on 2005 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important volume is a major contribution to the interface between religion and law in independent India. The result of a cooperative International project, this multidisciplinary volume includes essays by eminent jurists, legal scholars, historians of religions, political scientists and Sanskritists from India and abroad. This revised and updated edition has new essays on subjects such as the structure of religion and law in India; legal issues affecting the Sikh community; public endowments; and issues relating to caste and conversions.
Book Synopsis Race, Religion and Law in Colonial India by : Chandra Mallampalli
Download or read book Race, Religion and Law in Colonial India written by Chandra Mallampalli and published by Cambridge University Press. This book was released on 2011-11-21 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did British rule in India transform persons from lower social classes? Could Indians from such classes rise in the world by marrying Europeans and embracing their religion and customs? This book explores such questions by examining the intriguing story of an interracial family who lived in southern India in the mid-nineteenth century. The family, which consisted of two untouchable brothers, both of whom married Eurasian women, became wealthy as distillers in the local community. A family dispute resulted in a landmark court case, Abraham v. Abraham. Chandra Mallampalli uses this case to examine the lives of those involved, and shows that far from being products of a 'civilizing mission' who embraced the ways of Englishmen, the Abrahams were ultimately - when faced with the strictures of the colonial legal system - obliged to contend with hierarchy and racial difference.
Book Synopsis Religious Freedom and Mass Conversion in India by : Laura Dudley Jenkins
Download or read book Religious Freedom and Mass Conversion in India written by Laura Dudley Jenkins and published by University of Pennsylvania Press. This book was released on 2019-05-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hinduism is the largest religion in India, encompassing roughly 80 percent of the population, while 14 percent of the population practices Islam and the remaining 6 percent adheres to other religions. The right to "freely profess, practice, and propagate religion" in India's constitution is one of the most comprehensive articulations of the right to religious freedom. Yet from the late colonial era to the present, mass conversions to minority religions have inflamed majority-minority relations in India and complicated the exercise of this right. In Religious Freedom and Mass Conversion in India, Laura Dudley Jenkins examines three mass conversion movements in India: among Christians in the 1930s, Dalit Buddhists in the 1950s, and Mizo Jews in the 2000s. Critics of these movements claimed mass converts were victims of overzealous proselytizers promising material benefits, but defenders insisted the converts were individuals choosing to convert for spiritual reasons. Jenkins traces the origins of these opposing arguments to the 1930s and 1940s, when emerging human rights frameworks and early social scientific studies of religion posited an ideal convert: an individual making a purely spiritual choice. However, she observes that India's mass conversions did not adhere to this model and therefore sparked scrutiny of mass converts' individual agency and spiritual sincerity. Jenkins demonstrates that the preoccupation with converts' agency and sincerity has resulted in significant challenges to religious freedom. One is the proliferation of legislation limiting induced conversions. Another is the restriction of affirmative action rights of low caste people who choose to practice Islam or Christianity. Last, incendiary rumors are intentionally spread of women being converted to Islam via seduction. Religious Freedom and Mass Conversion in India illuminates the ways in which these tactics immobilize potential converts, reinforce damaging assumptions about women, lower castes, and religious minorities, and continue to restrict religious freedom in India today.
Book Synopsis Nation and Family by : Narendra Subramanian
Download or read book Nation and Family written by Narendra Subramanian and published by Stanford University Press. This book was released on 2014-04-09 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinct personal laws that govern the major religious groups are a major aspect of Indian multiculturalism and secularism, and support specific gendered rights in family life. Nation and Family is the most comprehensive study to date of the public discourses, processes of social mobilization, legislation and case law that formed India's three major personal law systems, which govern Hindus, Muslims, and Christians. It for the first time systematically compares Indian experiences to those in a wide range of other countries that inherited personal laws specific to religious group, sect, or ethnic group. The book shows why India's postcolonial policy-makers changed the personal laws they inherited less than the rulers of Turkey and Tunisia, but far more than those of Algeria, Syria and Lebanon, and increased women's rights for the most part, contrary to the trend in Pakistan, Iran, Sudan and Nigeria since the 1970s. Subramanian demonstrates that discourses of community and features of state-society relations shape the course of personal law. Ruling elites' discourses about the nation, its cultural groups and its traditions interact with the state-society relations that regimes inherit and the projects of regimes to change their relations with society. These interactions influence the pattern of multiculturalism, the place of religion in public policy and public life, and the forms of regulation of family life. The book shows how the greater engagement of political elites with initiatives among the Hindu majority and the predominant place they gave Hindu motifs in discourses about the nation shaped Indian multiculturalism and secularism, contrary to current understandings. In exploring the significant role of communitarian discourses in shaping state-society relations and public policy, it takes "state-in-society" approaches to comparative politics, political sociology, and legal studies in new directions.
Book Synopsis The Muslim Law of India by : Tahir Mahmood
Download or read book The Muslim Law of India written by Tahir Mahmood and published by . This book was released on 1980 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Religion and International Law by : Mark W. Janis
Download or read book Religion and International Law written by Mark W. Janis and published by Martinus Nijhoff Publishers. This book was released on 1999-07-13 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the great tasks, perhaps the greatest, weighing on modern international lawyers is to craft a universal law and legal process capable of ordering relations among diverse people with differing religions, histories, cultures, laws, and languages. In so doing, we need to take the world's peoples as we find them and not pretend out of existence their wide variety. This volume builds on the eleven essaysedited by Mark Janis in 1991 in The Influence of Religion and the Development of International Law, more than doubling its authors and essays and covering more religious traditions. Now included are studies of the interface between international law and ancient religions, Confucianism, Hinduism, Judaism, Christianity, and Islam, as well as essays addressing the impact of religious thought on the literature and sources of international law, international courts, and human rights law.
Book Synopsis The Government of Social Life in Colonial India by : Rachel Sturman
Download or read book The Government of Social Life in Colonial India written by Rachel Sturman and published by Cambridge University Press. This book was released on 2012-06-29 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the early days of colonial rule in India, the British established a two-tier system of legal administration. Matters deemed secular were subject to British legal norms, while suits relating to the family were adjudicated according to Hindu or Muslim law, known as personal law. This important new study analyses the system of personal law in colonial India through a re-examination of women's rights. Focusing on Hindu law in western India, it challenges existing scholarship, showing how - far from being a system based on traditional values - Hindu law was developed around ideas of liberalism, and that this framework encouraged questions about equality, women's rights, the significance of bodily difference, and more broadly the relationship between state and society. Rich in archival sources, wide-ranging and theoretically informed, this book illuminates how personal law came to function as an organising principle of colonial governance and of nationalist political imaginations.
Book Synopsis The Regulation of Religion and the Making of Hinduism in Colonial Trinidad by : Alexander Rocklin
Download or read book The Regulation of Religion and the Making of Hinduism in Colonial Trinidad written by Alexander Rocklin and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can religious freedom be granted to people who do not have a religion? While Indian indentured workers in colonial Trinidad practiced cherished rituals, "Hinduism" was not a widespread category in India at the time. On this Caribbean island, people of South Asian descent and African descent came together--under the watchful eyes of the British rulers--to walk on hot coals for fierce goddesses, summon spirits of the dead, or honor Muslim martyrs, practices that challenged colonial norms for religion and race. Drawing deeply on colonial archives, Alexander Rocklin examines the role of the category of religion in the regulation of the lives of Indian laborers struggling for autonomy. Gradually, Indians learned to narrate the origins, similarities, and differences among their fellows' cosmological views, and to define Hindus, Muslims, and Christians as distinct groups. Their goal in doing this work of subaltern comparative religion, as Rocklin puts it, was to avoid criminalization and to have their rituals authorized as legitimate religion--they wanted nothing less than to gain access to the British promise of religious freedom. With the indenture system's end, the culmination of this politics of recognition was the gradual transformation of Hindus' rituals and the reorganization of their lives--they fabricated a "world religion" called Hinduism.
Book Synopsis Law and Religion in the Liberal State by : Md Jahid Hossain Bhuiyan
Download or read book Law and Religion in the Liberal State written by Md Jahid Hossain Bhuiyan and published by Bloomsbury Publishing. This book was released on 2020-05-28 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between law and religion is evident throughout history. They have never been completely independent from each other. There is no doubt that religion has played an important role in providing the underlying values of modern laws, in setting the terms of the relationship between the individual and the state, and in demanding a space for the variety of intermediate institutions which stand between individuals and the state. However, the relationships between law and religion, and the state and religious institutions differ significantly from one modern state to another. There is not one liberalism but many. This work brings together reflections upon the relationship between religion and the law from the perspectives of different sub-traditions within the broader liberal project and in light of some contemporary problems in the accommodation of religious and secular authority.
Book Synopsis India's Agony Over Religion by : Gerald James Larson
Download or read book India's Agony Over Religion written by Gerald James Larson and published by State University of New York Press. This book was released on 1995-02-16 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of ancient India's religious traditions are alive in modern India, and many of these religious traditions are in conflict with one another regarding the future of India. Even the so-called "secular state" is deeply pervaded by religious sentiments growing out of the Neo-Hindu nationalist movement of Gandhi and Nehru. A careful analysis of the current religious scene when placed in its proper long-term historical perspective raises interesting questions about the nature and future of religion not only in India but elsewhere as well.
Author :Abhinav Chandrachud Publisher :Penguin Random House India Private Limited ISBN 13 :9353057531 Total Pages :253 pages Book Rating :4.3/5 (53 download)
Book Synopsis Republic of Religion by : Abhinav Chandrachud
Download or read book Republic of Religion written by Abhinav Chandrachud and published by Penguin Random House India Private Limited. This book was released on 2020-01-22 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did India aspire to become a secular country? Given our colonial past, we derive many of our laws and institutions from England. We have a parliamentary democracy with a Westminster model of government. Our courts routinely use catchphrases like 'rule of law' or 'natural justice', which have their roots in London. However, during the period of colonial rule in India, and even thereafter, England was not a 'secular' country. The king or queen of England must mandatorily be a Protestant. The archbishop of Canterbury is still appointed by the government. Senior bishops still sit, by virtue of their office, in the House of Lords. Thought-provoking and impeccably argued, Republic of Religion reasons that the secular structure of the colonial state in India was imposed by a colonial power on a conquered people. It was an unnatural foreign imposition, perhaps one that was bound, in some measure, to come apart once colonialism ended, given colonial secularism's dubious origins.
Book Synopsis The Wheel of Law by : Gary Jeffrey Jacobsohn
Download or read book The Wheel of Law written by Gary Jeffrey Jacobsohn and published by Princeton University Press. This book was released on 2009-01-10 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can religious liberty be guaranteed in societies where religion pervades everyday life? In The Wheel of Law, Gary Jacobsohn addresses this dilemma by examining the constitutional development of secularism in India within an unprecedented cross-national framework that includes Israel and the United States. He argues that a country's particular constitutional theory and practice must be understood within its social and political context. The experience of India, where religious life is in profound tension with secular democratic commitment, offers a valuable perspective not only on questions of jurisprudence and political theory arising in countries where religion permeates the fabric of society, but also on the broader task of ensuring religious liberty in constitutional polities. India's social structure is so entwined with religion, Jacobsohn emphasizes, that meaningful social reform presupposes state intervention in the spiritual domain. Hence India's "ameliorative" model of secular constitutionalism, designed to ameliorate the disabling effects of the caste system and other religiously based practices. Jacobsohn contrasts this with the "visionary" secularism of Israel, where the state identifies itself with a particular religion, and with America's "assimilative" secularism. Constitutional globalization is as much a reality as economic globalization, Jacobsohn concludes, and within this phenomenon the place of religion in liberal democracy is among the most vexing challenges confronting us today. A richly textured account of the Indian experience with secularism, developed in a broad comparative framework, this book is for all those seeking ways to respond to this challenge.
Book Synopsis Freedom of Religion, Secularism, and Human Rights by : Nehal Bhuta
Download or read book Freedom of Religion, Secularism, and Human Rights written by Nehal Bhuta and published by Oxford University Press. This book was released on 2019-01-24 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary volume examines the relationship between secularism, freedom of religion and human rights in legal, theoretical, historical and political perspective. It brings together chapters from leading scholars of human rights, law and religion, political theory, religious studies and history, and provides insights into the state of the debate about the relationship between these concepts. Comparative in orientation, its chapters draw on constitutional and political discourses and experience not only from Western Europe and the United States, but also from India, the Arab world, and Malaysia.
