[PDF] Secularism Its Implications For Law And Life In India eBook

Author : Gary Jeffrey Jacobsohn
Publisher : Princeton University Press
Page : 345 pages
File Size : 12,3 MB
Release : 2009-01-10
Category : Political Science
ISBN : 1400825571

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How can religious liberty be guaranteed in societies where religion pervades everyday life? In The Wheel of Law, Gary Jacobsohn addresses this dilemma by examining the constitutional development of secularism in India within an unprecedented cross-national framework that includes Israel and the United States. He argues that a country's particular constitutional theory and practice must be understood within its social and political context. The experience of India, where religious life is in profound tension with secular democratic commitment, offers a valuable perspective not only on questions of jurisprudence and political theory arising in countries where religion permeates the fabric of society, but also on the broader task of ensuring religious liberty in constitutional polities. India's social structure is so entwined with religion, Jacobsohn emphasizes, that meaningful social reform presupposes state intervention in the spiritual domain. Hence India's "ameliorative" model of secular constitutionalism, designed to ameliorate the disabling effects of the caste system and other religiously based practices. Jacobsohn contrasts this with the "visionary" secularism of Israel, where the state identifies itself with a particular religion, and with America's "assimilative" secularism. Constitutional globalization is as much a reality as economic globalization, Jacobsohn concludes, and within this phenomenon the place of religion in liberal democracy is among the most vexing challenges confronting us today. A richly textured account of the Indian experience with secularism, developed in a broad comparative framework, this book is for all those seeking ways to respond to this challenge.

Author : Susanna Mancini
Publisher : Oxford University Press, USA
Page : 386 pages
File Size : 14,61 MB
Release : 2014
Category : Law
ISBN : 0199660387

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Traditional models of constitutional secularism have struggled to accommodate the modern revival of religious politics. The concept has been criticised as empty or illegitimate, while political and legal struggles have contested its meaning. This book gathers leading experts to examine the scope and substance of constitutional secularism today.

Author : Anuradha Dingwaney Needham
Publisher : Duke University Press
Page : 427 pages
File Size : 28,40 MB
Release : 2007-01-18
Category : Political Science
ISBN : 0822388413

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While secularism has been integral to India’s democracy for more than fifty years, its uses and limits are now being debated anew. Signs of a crisis in the relations between state, society, and religion include the violence directed against Muslims in Gujarat in 2002 and the precarious situation of India’s minority religious groups more generally; the existence of personal laws that vary by religious community; the affiliation of political parties with fundamentalist religious organizations; and the rallying of a significant proportion of the diasporic Hindu community behind a resurgent nationalist Hinduism. There is a broad consensus that a crisis of secularism exists, but whether the state can resolve conflicts and ease tensions or is itself part of the problem is a matter of vigorous political and intellectual debate. In this timely, nuanced collection, twenty leading Indian cultural theorists assess the contradictory ideals, policies, and practices of secularism in India. Scholars of history, anthropology, religion, politics, law, philosophy, and media studies take on a broad range of concerns. Some consider the history of secularism in India; others explore theoretical issues such as the relationship between secularism and democracy or the shortcomings of the categories “majority” and “minority.” Contributors examine how the debates about secularism play out in schools, the media, and the popular cinema. And they address two of the most politically charged sites of crisis: personal law and the right to practice and encourage religious conversion. Together the essays inject insightful analysis into the fraught controversy about the shortcomings and uncertain future of secularism in the world today. Contributors. Flavia Agnes, Upendra Baxi, Shyam Benegal, Akeel Bilgrami, Partha Chatterjee, V. Geetha, Sunil Khilnani, Nivedita Menon, Ashis Nandy, Anuradha Dingwaney Needham, Gyanendra Pandey, Gyan Prakash, Arvind Rajagopal, Paula Richman, Sumit Sarkar, Dwaipayan Sen, Rajeswari Sunder Rajan, Shabnum Tejani, Romila Thapar, Ravi S. Vasudevan, Gauri Viswanathan

Author : Ronojoy Sen
Publisher : Oxford University Press
Page : 363 pages
File Size : 24,72 MB
Release : 2018-10-16
Category : Law
ISBN : 0199095280

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Examining the constitutional and legal foundations of the place of religion in India, Articles of Faith studies the relationship between religion and state. It closely analyses the decisions of the Supreme Court from the 1950s on Articles 25–30 of the Indian Constitution, as well as other relevant laws and constitutional provisions. The book discusses the Supreme Court’s interpretation of the constitutional right to freedom of religion and its influence on the discourse of secularism and nationalism. While examining the role of the Court in defining and demarcating religion as well as religious freedom, practices, and organizations, this volume also highlights important issues such as interpretative traditions and legal doctrines developed by the judiciary over the years. This new edition has an expanded and revised introduction, which looks at the new literature on secularism and religious jurisprudence, both in India and other secular democracies. It also includes an afterword, which examines recent landmark judgments on religion by the Supreme Court of India, such as the one on triple talaq.

Author : Brenda Cossman
Publisher :
Page : 216 pages
File Size : 42,31 MB
Release : 2001
Category : Law
ISBN :

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Questioning the Supreme Court elision of the meaning of Hinduism with the meaning Hindutva, this book contends that Hindutva cannot be separated from its appeal to religion, nor from its assault on the legitimacy of religious minorities.