Religion and personal law in secular India : a call to judgment

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Religion and personal law in secular India : a call to judgment

edited by Gerald James Larson

Indiana University Press, c2001

  • : cloth
  • : pbk

Available at  / 3 libraries

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Includes bibliographical references and index

Description and Table of Contents

Volume

: pbk ISBN 9780253214805

Description

Though a directive principle of the constitution, a uniform civil code of law has never been written or instituted in India. As a result, in matters of personal law-the segment of law concerning marriage, dowry, divorce, parentage, legitimacy, wills, and inheritance-individuals of different backgrounds must appeal to their respective religious laws for guidance or rulings. But balancing the claims of religious communities with those of a modern secular state has caused some intractable problems for India as a nation. Religion and Personal Law in Secular India provides a comprehensive look into the issues and challenges that India faces as it tries to put a uniform civil code into practice. Contributors include Granville Austin, Robert D. Baird, Srimati Basu, Kevin Brown, Paul Courtright, Rajeev Dhavan, Marc Galanter, Namita Goswami, Laura Dudley Jenkins, Jayanth Krishnan, Gerald James Larson, John H. Mansfield, Ruma Pal, Kunal M. Parker, William D. Popkin, Lloyd I. Rudolph, Susanne Hoeber Rudolph, Sylvia Vatuk, and Arvind Verma.

Table of Contents

Preliminary Table of Contents: Preface Introduction: The Secular State in a Religious Society Gerald James Larson Part 1. The Secular State and Legal Pluralism: The Current Debate and Its Historical Antecedents 1. Religion, Personal Law and Identity Granville Austin 2. Religious Minorities and the Law Ruma Pal 3. Living with Difference in India: Legal Pluralism and Legal Universalism in Historical Context Susanne Hoeber Rudolph and Lloyd I. Rudolph Part 2. Religious Endowments, Reservations Law, and Criminal Law 4. Religious and Charitable Endowments and a Uniform Civil Code John H. Mansfield 5. Personal Law and Reservations: Volition and Religion in Contemporary India Laura Dudley Jenkins 6. The Uniform Civil Code Debate: Lessons from the Criminal Procedures Arvind Verma Part 3. Personal Law and Issues of Gender 7. Gender Implications for a Uniform Civil Code Robert D. Baird 8. The Personal and the Political: Indian Women and Inheritance Law Srimati Basu 9. Colonialism, Nationalism, and Gendered Legal Subjectivities: Observations on the Historical Destruction of Separate Legal Regimes Kunal M. Parker 10. Who Was Roop Kanwar? Sati, Law, Religion, and Post-Colonial Feminism in Contemporary India Paul Courtright and Namita Goswami 11. "Where Will She Go? What Will She Do?" Paternalism towards Women in the Administration of Muslim Family Law in Contemporary India Sylvia Vatuk Part 4. Cross-Cultural Perspectives 12. Affirmative Action in the United States and the Reservation System in India: Some Comparative Perspectives Kevin Brown 13. Personal Law Systems and Religious Conflict: A Comparison of India and Israel Marc Galanter and Jayanth Krishnan 14. The Road to Xanadu: India's Quest for Secularism Rajeev Dhavan Some Continuing Issues William D. Popkin Bibliographical Note Gerald James Larson Contributors Index
Volume

: cloth ISBN 9780253339904

Description

Though mandated by the constitution, a uniform civil code of law has never been written or instituted in India. As a result, in matters of personal law-the segment of law which concerns marriage, dowry, divorce, parentage, legitimacy, wills, and inheritance-individuals of different religious backgrounds must appeal to their respective religious laws for guidance or rulings. But balancing the claims of religious communities with those of a modern secular state has caused some intractable problems for India as a nation. Religion and Personal Law in Secular India provides a comprehensive look into the issues and challenges that India faces as it tries to put a uniform civil code into practice. Themes such as the extent and jurisdiction of civil laws, the relationship between religious law and a system of personal law, the desirability of a uniform civil code, the treatment of women and minorities under a single law, and the maintenance of religious pluralism in India, are explored in 16 thought-provoking essays. Scholars representing a wide range of disciplines, from both North America and India, provide a unique comparative perspective on complex issues of multiculturalism that characterise Indian society and identities. Readers seeking deeper understandings of Indian history and culture will find a sensitive handling of the tensions between religious law and the claims of a modern, secular state in this timely volume. Contributors include Granville Austin, Robert D. Baird, Srimati Basu, Kevin Brown, Paul Courtright, Rajeev Dhavan, Marc Galanter, Namita Goswami, Laura Dudley Jenkins, Jayanth Krishnan, Gerald James Larson, John H. Mansfield, Ruma Pal, Kunal M. Parker, William D. Popkin, Lloyd I. Rudolph, Susanne Hoeber Rudolph, Sylvia Vatuk, and Arvind Verma.

Table of Contents

  • Table of Contents: Introduction: The Secular State in a Religious Society Gerald James Larson Part The Secular State and Legal Pluralism: The Current Debate and Its Historical Antecedents Religion, Personal Law and Identity Granville Austin
  • Religious Minorities and the Law Ruma Pal
  • Living with Difference in India: Legal Pluralism and Legal Universalism in Historical Context Susanne Hoeber Rudolph and Lloyd I. Rudolph Part 2 Religious Endowments, Reservations Law, and Criminal Law Religious and Charitable Endowments and a Uniform Civil Code John H. Mansfield
  • Personal Law and Reservations: Volition and Religion in Contemporary India Laura Dudley Jenkins
  • The Uniform Civil Code Debate: Lessons from the Criminal Procedures Arvind Verma Part 3 Personal Law and Issues of Gender Gender Implications for a Uniform Civil Code Robert D. Baird
  • The Personal and the Political: Indian Women and Inheritance Law Srimati Basu
  • Colonialism, Nationalism, and Gendered Legal Subjectivities: Observations on the Historical Destruction of Separate Legal Regimes Kunal M. Parker
  • Who Was Roop Kanwar? Sati, Law, Religion, and Post-Colonial Feminism in Contemporary India Paul Courtright and Namita Goswami
  • "Where Will She Go? What Will She Do?" Paternalism towards Women in the Administration of Muslim Family Law in Contemporary India Sylvia Vatuk Part 4 Cross-Cultural Perspectives Affirmative Action in the United States and the Reservation System in India: Some Comparative Perspectives Kevin Brown
  • Personal Law Systems and Religious Conflict: A Comparison of India and Israel Marc Galanter and Jayanth Krishnan
  • The Road to Xanadu: India's Quest for Secularism Rajeev Dhavan

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