The Politics Of Personal Law In South Asia

Author: Partha S. Ghosh
Publisher: Taylor & Francis
ISBN: 042901547X
Size: 70.61 MB
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The viability of the Uniform Civil Code (UCC) has always been a bone of contention in socially and politically plural South Asia. It is entangled within the polemics of identity politics, minority rights, women’s rights, national integration, uniform citizenry and, of late, global Islamic politics and universal human rights. While champions of each category view the issue from their own perspectives, making the debate extremely complex, this book takes up the challenge of providing a holistic political analysis. As most of the South Asian states today subscribe to a decentralised view and share a common history, this study is an excellent comparative analysis of the applicability of the UCC. In this work, India figures prominently, being the most plural and vibrant democracy, as well as accounting for almost three-fourths of the region’s population. This provides the backdrop for an analysis of the other states in the region. This second edition will be indispensable for scholars, researchers and students of law, political science and South Asian Studies.

Uniform Civil Code For India

Author: Shimon Shetreet
Publisher: Oxford University Press
ISBN: 0199089477
Size: 79.19 MB
Format: PDF
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Article 44 of The Constitution of India, provides that 'The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.' Even after more than six decades, this anticipated code has not been developed or implemented. This book provides a blueprint for alternative frameworks and courses of action, drawing on lessons from comparative context to develop a Uniform Civil Code for India. It explores the interplay between issues of law, culture, and religion in light of various intra-community and inter-community disputes. The book proposes a series of guidelines and considerations to inform this process. The first guideline urges that the process of preparing and implementing a Uniform Civil Code should be the function of the Legislature. The Courts can resolve certain specific points but the comprehensive code is a legislative function and not for judicial resolution. The second guideline suggests the parallel application of civil and religious law. The securing of a Uniform Civil Code must not negate the possibility of citizens availing themselves of religious law-if they so wish. The third guideline advises a gradual application of a Uniform Civil Code. The development of the code should be done topic by topic, chapter by chapter. The fourth guideline is to deploy tools of mediation in both the formation of the code and its implementation. This mediation should take on two forms—intercommunity mediation and individual mediation. The first of these two relates to a dialogue between the communities of India, to advance an agreement upon the substantive provisions of the Uniform Civil Code. The second relates to mediation between individuals, in occasions where dispute arises in the realm of personal law.

Bjp And The Evolution Of Hindu Nationalism

Author: Partha Sarathy Ghosh
Size: 23.55 MB
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Religion and politics are always interconnected. The phenomenon is more evident in developing societies where political units are generally not individual citizens as is the case in industrial societies but they are social groups and identities. Recent developments in India marked by the unprecedented rise in religio-centric politics underscore the point. The process is epitomized by the rise of Hindu-chauvinistic BJP to the centre-stage and its subsequent forming a coalition government at the centre with itself as the dominant partner. In a socially and culturally plural India how enduring this phenomenon would be is what the present book is all about. It traces the growth of Hindu nationalism from the early days of Indian renaissance in the late nineteenth century to the present against the background of an incremental competition amongst several social forces which do not allow shaping of India into a Hindu state. The study attempts to assess the future of political Hinduism in general and the BJP in particular together with critically gauging the ideological and intellectual depths of the phenomenon. At the core of our inquiry are such fundamental questions as: What are the limits of the Use of religion in Indian politics? Are other parties which vow in the name of value-based politics and secularism any different from the BJP in so far as communal mobilization is concerned? Does Hindutva mean political Hinduism or Hinduization of Indian politics? Can thereby anything like genuine secularism when secularism itself is a total concept which cannot be qualified? And are Muslims in India really pampered as the BJP claims? Besides, policy issues such as those related to Indian economy and foreign relations have also been addressed so as to view the party and its ideology from a holistic perspective.

Family Gender And Law In A Globalizing Middle East And South Asia

Author: Kenneth M. Cuno
Publisher: Syracuse University Press
ISBN: 0815651481
Size: 70.65 MB
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The essays in this collection examine issues of gender, family, and law in the Middle East and South Asia. In particular, the authors address the impact of colonialism on law, family, and gender relations; the role of religious politics in writing family law and the implications for gender relations; and the tension between international standards emerging from UN conferences and conventions and various nationalist projects. Employing the frame of globalization, the authors highlight how local and global forces interact and influence the experience and actions of people who engage with the law. By virtue of a "south-south" comparison of two quite similar and culturally linked regions, contributors avoid positing "the West" as a modern telos. Drawing upon the fields of anthropology, history, sociology, and law, this volume offers a wide-ranging exploration of the complicated history of jurisprudence with regard to family and gender.

Appropriating Gender

Author: Patricia Jeffery
Publisher: Psychology Press
ISBN: 9780415918664
Size: 65.85 MB
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Appropriating Gender explores the paradoxical relationship of women to religious politics in India, Pakistan, Sri Lanka, and Bangladesh. Contrary to the hopes of feminists, many women have responded to religious nationalist appeals; contrary to the hopes of religious nationalists, they have also asserted their gender, class, caste, and religious identities; contrary to the hopes of nation states, they have often challenged state policies and practices. Through a comparative South Asia perspective, Appropriating Gender explores the varied meanings and expressions of gender identity through time, by location, and according to political context. The first work to focus on women's agency and activism within the South Asian context, Appropriating Gender is an outstanding contribution to the field of gender studies.

Religion And Personal Law In Secular India

Author: Gerald James Larson
Publisher: Indiana University Press
ISBN: 9780253108685
Size: 66.90 MB
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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.

The Crisis Of Secularism In India

Author: Anuradha Dingwaney Needham
Publisher: Duke University Press
ISBN: 9780822338468
Size: 55.75 MB
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Collection of essays that focuses on the effects of the secular state government on religious minorities in India.

Law And Identity In Colonial South Asia

Author: Mitra Sharafi
Publisher: Cambridge University Press
ISBN: 1139868063
Size: 67.69 MB
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This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.

The Argumentative Indian

Author: Amartya Sen
Publisher: Farrar, Straus and Giroux
ISBN: 1466854294
Size: 61.31 MB
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A Nobel Laureate offers a dazzling new book about his native country India is a country with many distinct traditions, widely divergent customs, vastly different convictions, and a veritable feast of viewpoints. In The Argumentative Indian, Amartya Sen draws on a lifetime study of his country's history and culture to suggest the ways we must understand India today in the light of its rich, long argumentative tradition. The millenia-old texts and interpretations of Hindu, Buddhist, Jain, Muslim, agnostic, and atheistic Indian thought demonstrate, Sen reminds us, ancient and well-respected rules for conducting debates and disputations, and for appreciating not only the richness of India's diversity but its need for toleration. Though Westerners have often perceived India as a place of endless spirituality and unreasoning mysticism, he underlines its long tradition of skepticism and reasoning, not to mention its secular contributions to mathematics, astronomy, linguistics, medicine, and political economy. Sen discusses many aspects of India's rich intellectual and political heritage, including philosophies of governance from Kautilya's and Ashoka's in the fourth and third centuries BCE to Akbar's in the 1590s; the history and continuing relevance of India's relations with China more than a millennium ago; its old and well-organized calendars; the films of Satyajit Ray and the debates between Gandhi and the visionary poet Tagore about India's past, present, and future. The success of India's democracy and defense of its secular politics depend, Sen argues, on understanding and using this rich argumentative tradition. It is also essential to removing the inequalities (whether of caste, gender, class, or community) that mar Indian life, to stabilizing the now precarious conditions of a nuclear-armed subcontinent, and to correcting what Sen calls the politics of deprivation. His invaluable book concludes with his meditations on pluralism, on dialogue and dialectics in the pursuit of social justice, and on the nature of the Indian identity.

Pluralism And Equality

Author: Imtiaz Ahmad
Publisher: SAGE Publications India
ISBN: 8132119908
Size: 31.91 MB
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With the end of the Cold War, interest in the core-values of state, pluralism, secularism and equality have intensified. This important volume examines these principal values in the differing historical and socio-cultural contexts of Europe and India, emphasising their fundamental role in democratic governance, and highlighting the wide variations in both their meaning and content in different cultures. Comprising contributions from distinguished scholars, this volume constitutes a lucid and cogent analysis of recent shifts in public policies and political polemics on the meaning and content of various core-values.