Summary
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 Indiaprovides 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.
Author Biography
Gerald James Larson is Rabindranath Tagore Professor of Indian Cultures and Civilization and Director of the India Studies Program at Indiana University, Bloomington. He is author of India's Agony over Religion and Classical Samkhya: An Interpretation of Its History and Meaning and co-editor of Interpreting across Boundaries: New Essays in Comparative Philosophy and The Encyclopedia of Indian Philosophies, vol. 4, Samkhya: A Dualist Tradition in Indian Philosophy.
Table of Contents
| Preface |
|
vii | |
| Introduction: The Secular State in a Religious Society |
|
1 | (14) |
|
|
|
|
|
| PART I The Secular State and Legal Pluralism: The Current Debate and Its Historical Antecedents |
|
|
Religion, Personal Law, and Identity in India |
|
|
15 | (9) |
|
|
|
|
|
|
Religious Minorities and the Law |
|
|
24 | (12) |
|
|
|
|
|
|
Living with Difference in India: Legal Pluralism and Legal Universalism in Historical Context |
|
|
36 | (33) |
|
|
|
|
|
|
|
|
|
|
| PART II Religious Endowments, Reservations Law, and Criminal Law |
|
|
Religious and Charitable Endowments and a Uniform Civil Code |
|
|
69 | (35) |
|
|
|
|
|
|
Personal Law and Reservations: Volition and Religion in Contemporary India |
|
|
104 | (20) |
|
|
|
|
|
|
The Uniform Civil Code Debate: Lessons from the Criminal Procedures |
|
|
124 | (21) |
|
|
|
|
|
| PART III Personal Law and Issues of Gender |
|
|
Gender Implications for a Uniform Civil Code |
|
|
145 | (18) |
|
|
|
|
|
|
The Personal and the Political: Indian Women and Inheritance Law |
|
|
163 | (21) |
|
|
|
|
|
|
Observations on the Historical Destruction of Separate Legal Regimes |
|
|
184 | (16) |
|
|
|
|
|
|
Who Was Roop Kanwar? Sati, Law, Religion, and Postcolonial Feminism |
|
|
200 | (26) |
|
|
|
|
|
|
|
|
|
|
|
``Where Will She Go? What Will She Do?'' Paternalism toward Women in the Administration of Muslim Personal Law in Contemporary India |
|
|
226 | (25) |
|
|
|
|
|
| PART IV Cross-Cultural Perspectives |
|
|
Affirmative Action in the United States and the Reservation System in India: Some Comparative Comments |
|
|
251 | (19) |
|
|
|
|
|
|
Personal Law Systems and Religious Conflict: A Comparison of India and Israel |
|
|
270 | (31) |
|
|
|
|
|
|
|
|
|
|
|
The Road to Xanadu: India's Quest for Secularism |
|
|
301 | (29) |
|
|
|
|
|
| Some Continuing Issues |
|
330 | (19) |
|
|
|
|
|
| Bibliographical Note |
|
349 | (2) |
|
|
|
|
|
| Contributors |
|
351 | (2) |
| Index |
|
353 | |