[PDF] Redefining Family Law In India eBook

Author : Archana Parashar
Publisher : Taylor & Francis
Page : 349 pages
File Size : 36,92 MB
Release : 2020-11-29
Category : Law
ISBN : 1000083918

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This volume is a collection of articles by scholars across disciplines to create a discourse of family law independent of Religious Personal Law, whilst striving for fairness and justice to all. It demonstrates the artificiality of the public–private divide and seeks the systematic development of ideas for a fair and just family law in contemporary India. The book does not merely document the pathologies of power within the family but also makes proposals for remedying these inequities. It is not confined to considering what changes need to be inducted into existing family law to make it more just, but also strategises on the means and methods of effecting the change. It lifts the familial veil and scrutinises the status, rights and disabilities of some of the subordinated members of the family. The volume is an invitation to redefine family law with the twin tools of reflection and responsibility. It will interest those in law judges, legislators, law reformers as well as those in women and family studies, policy makers and policy analysts, apart from the general reader.

Author : Archana Parashar
Publisher : SAGE Publications Pvt. Limited
Page : 360 pages
File Size : 18,20 MB
Release : 1992-08-07
Category : Law
ISBN :

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The Constitution of India guarantees equality as a fundamental right. This, however, remains only at the level of theory as the various religious personal laws in force in the country and followed by different communities deny equality to women in personal matters. This inequitous contradiction is the subject of this pioneering study. Dr. Parashar argues that the concept of religious personal law was created by colonial administrators and has been maintained by independent India since, in a religiously plural society, it helps the State’s end of governance. The author traces the legislative conduct of the State and demonstrates that it has adopted discrepant policies with respect to the different religious personal laws. While Hindu personal law has been extensively reformed, the other personal laws have been left largely untouched. As a result, Hindu women have gained new rights, though not complete equality, while women of the minority communities continue to suffer inequalities. The author critically examines the arguments used by the State to reform, or refrain from reforming, religious personal laws. This analysis establishes conclusively that the State has acted in an inconsistent manner, and that its decisions are not governed by considerations of equality and gender justice but primarily by political factors. The author concludes that the only way to sever the connection between religious and civil rights is to adopt a secular and uniform civil code which should be non-optional. Dr. Parashar also highlights the inadequacies of the various feminist analyses of the nature of law and suggests that any discussion of the nature of the State must incorporate the significance of religion as a political factor. This major study will interest lawyers, legal activists, feminists and all those fighting to end gender discrimination.

Author : Werner Menski
Publisher : Routledge
Page : 454 pages
File Size : 23,79 MB
Release : 2013-12-16
Category : Social Science
ISBN : 1136839925

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This text presents an overview of the major issues and topics in current developments in Indian family law. Indian law has produced a number of very important innovations in the past two decades, which are also highly instructive for law reform debates in western and other jurisdictions. Topics discussed are: marriage, divorce, polygamy, maintenance, property and the Uniform Civil Code.

Author : Flavia Agnes
Publisher : Oxford University Press
Page : 490 pages
File Size : 24,71 MB
Release : 2011-01-05
Category : Law
ISBN : 0199088268

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Family law in India has a complex legal structure where different religious communities are guided by their own personal laws, each of which historically evolved under various social, religious, political, and legal influences. In two comprehensive and lucid volumes, Flavia Agnes, a leading activist and advocate in the area, examines family law in the light of social realities, contemporary rights discourse, and the idea of justice. What is unique in these volumes is that the ground level litigation practices around women's rights are interwoven with the critical analyses of the statutory provisions. Relying extensively upon case law, Volume 1 examines: the evolution of the personal laws of Hindus, Muslims, Christians, Parsis, and Jews during the colonial and postcolonial periods; how these laws are applied in contemporary questions of marriage, divorce, property rights, and succession; and whether it is possible to bring the law in conformity with modern changes through and in both the formal, and statutory law and the pluralistic and fluid community-based practices. It also extensively examines the role of the judiciary, the political and academic debates around the issue of uniform civil code, and women's citizenship claims in a stratified and hierarchical social order.

Author : Elisa Giunchi
Publisher : Routledge
Page : 236 pages
File Size : 21,12 MB
Release : 2013-12-04
Category : Social Science
ISBN : 131796487X

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While there are many books on Islamic family law, the literature on its enforcement is scarce. This book focuses on how Islamic family law is interpreted and applied by judges in a range of Muslim countries – Sunni and Shi'a, as well as Arab and non-Arab. It thereby aids the understanding of shari'a law in practice in a number of different cultural and political settings. It shows how the existence of differing views of what shari'a is, as well as the presence of a vast body of legal material which judges can refer to, make it possible for courts to interpret Islamic law in creative and innovative ways.

Author : Flavia Agnes
Publisher : Oxford University Press
Page : 809 pages
File Size : 48,76 MB
Release : 2011-02-17
Category : Law
ISBN : 0199088489

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Family law in India has a complex legal structure where different religious communities are guided by their own personal laws, each of which historically evolved under various social, religious, political, and legal influences. In two comprehensive and lucid volumes, Flavia Agnes, a leading activist and advocate in the area, examines family law in the light of social realities, contemporary rights discourse, and the idea of justice. What is unique in these volumes is that the ground level litigation practices around women's rights are interwoven with the critical analyses of the statutory provisions. Relying extensively upon case law, Volume 2 examines: the litigation around the validity of marriage and procedures for dissolving it, the contemporary debates around issues such as child marriages, NRI marriages, and registration of marriages the framework of law on the issues of maintenance, matrimonial residence, and custody and guardianship of children, and whether considering the procedural aspects of matrimonial law, and the increased powers of the family courts, gender justice concerns are being adequately addressed. The volume also emphasizes that it is necessary and possible for the law to fairly reflect individual and social contingencies at the ground level.

Author : Rinaldo Cristofori
Publisher : Routledge
Page : 578 pages
File Size : 29,28 MB
Release : 2016-12-05
Category : Law
ISBN : 135190499X

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Religion in the public sphere is one of the most debated issues in the field of law and religion. This volume brings together articles which address some of the more prominent recent cases relating to religion and education, religion and the workplace, family law and religious symbols. The essays discuss the meaning of secularism today and the difficult issue of religion in the public sphere and reflect a wide variety of viewpoints. This volume maps the key elements of this multi-faceted problem, offers essential material and provides an important starting point for an understanding of the issues in this century old debate.

Author : Joel A. Nichols
Publisher : Cambridge University Press
Page : 417 pages
File Size : 14,13 MB
Release : 2011-10-31
Category : Law
ISBN : 1139503979

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American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or 'covenant marriages'? How should the state respond? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.

Author : Amita Dhanda
Publisher : Routledge
Page : 330 pages
File Size : 29,81 MB
Release : 2009
Category : Law
ISBN : 0415544602

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A classic of animation education since it first published in 1981. For more than 25 years, copies of Timing for Animation have been sitting dog-eared and spine-split on desks and workstations around the world wherever animation is produced. All you need to breathe life into your animation is at your fingertips. All the vital techniques employed by animators worldwide are explained using dozens of clear illustrations and simple, straightforward directions. Learn how animations should be arranged in relation to each other, how much space should be used and how long each drawing should be shown for maximum dramatic effect. Fully revised and updated, the second edition includes timing for digital production, digital storyboarding in 2D, digital storyboarding in 3D, the use of After Effects and much, much more! Timing shows weight, mood, and power and can make or break an animation - get it right the first time with these tried and tested techniques Get straight to the good stuff with simple, no-nonsense instruction on the key techniques like stretch and squash, animated cycles, overlapping, and anticipation