Author: J. Duncan Derrett
Publisher:
ISBN: 9780571084784
Category :
Languages : en
Pages :

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Author: Ian Copland
Publisher: Routledge
ISBN: 1136459502
Category : History
Languages : en
Pages : 353

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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.

Author: Manisha Sethi
Publisher: Routledge
ISBN: 1000537854
Category : History
Languages : en
Pages : 207

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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.

Author: Geetanjali Srikantan
Publisher: Cambridge University Press
ISBN: 1108901158
Category : Law
Languages : en
Pages : 260

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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.

Author: Laura Dudley Jenkins
Publisher: University of Pennsylvania Press
ISBN: 0812250923
Category : Political Science
Languages : en
Pages : 320

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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.

Author: Rachel Sturman
Publisher: Cambridge University Press
ISBN: 1107378567
Category : History
Languages : en
Pages : 311

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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.

Author: Angana P. Chatterji
Publisher:
ISBN: 9780578890111
Category : Law
Languages : en
Pages :

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Breaking Worlds: Religion, Law and Citizenship in Majoritarian India; The Story of Assam chronicles how prejudicial laws and policies are being utilized with impunity to reconstruct citizenship in Assam in Northeast India. The Government of India's stated objective is to replicate "Assam-like" changes to citizenship across the country. The Hindu nationalist Bharatiya Janata Party-led central government's pilot implementation has centered on the state of Assam in Northeast India since 2019, with dire impact on its sizeable Muslim population. Majoritarian nationalists claim that various Muslim communities residing in India are in the country "illegally," and are not Indian. The modalities for safe harbor that apply to other communities exclude Muslims. In particular, Bangla-descent Muslims are fabricated as "foreigners" and "outsiders," are the primary targets. If Bangla-descent Muslims of Assam are not Indians, then who are they? Hindu nationalists claim that various Muslim communities residing in India are in the country "illegally," and are not Indian. Bangla-descent Muslims who fail to meet the government's demands to prove their citizenship are faced with the threat of expulsion, exile, and statelessness.Through applied research and methodical analysis, the report spotlights the illiberal citizenship movement ignited by majoritarian forces focusing on two intersecting chronologies: the exclusionary amendments to the law and the implosive situation on the ground that collectively stands to render swathes of citizens effectively stateless. The report identifies communities that are subject to discriminatory treatment. It chronicles the voices, lives, and torment of numerous targeted individuals, including victimized-survivors who have been declared "foreigners" in Assam, separated from their families and detained, and family members of suicide victims, together with summary analyses of cases before the appellate body. The report brings into focus how the laws and policies reordering Indian citizenship are fortifying legal discrimination based on religion, and the impact on vulnerable communities. The report's emphasis on Assam and Bangla-descent Muslims is prognosticative. The report contends that the "citizenship experiment" signals the advance of inestimable, gendered violence and prospective statelessness that stand to devastate millions of lives.

Author: Narendra Subramanian
Publisher: Stanford University Press
ISBN: 0804790906
Category : Political Science
Languages : en
Pages : 398

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Book Description
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.

Author: Ishita Banerjee-Dube
Publisher: Anthem Press
ISBN: 1843313472
Category : History
Languages : en
Pages : 244

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Book Description
This book constructs an anthropological history of a subaltern religious formation, Mahima Dharma of Orissa, a large province in eastern India. Tracking the contingent making of a critical community over a hundred and forty year period, ‘Religion, Law and Power’ explores the interplay of distinct expressions of time and history, innovative reformulations of caste and Hinduism and distinct engagements with state and nation. This serves to unravel the wider entanglements of religion, history, law, modernity and power.

Author: Md Jahid Hossain Bhuiyan
Publisher: Bloomsbury Publishing
ISBN: 1509926356
Category : Law
Languages : en
Pages : 273

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Book Description
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.