Identifying and Regulating Religion in India: Law, History and the Place of Worship

Identifying and Regulating Religion in India: Law, History and the Place of Worship
Author: Geetanjali Srikantan
Publisher: Cambridge University Press
Total Pages: 260
Release: 2020-10-29
Genre: History
ISBN: 1108840531

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This book takes up the challenge of legally defining religion in contemporary India by investigating the intellectual history of colonial law.

Hajj across Empires

Hajj across Empires
Author: Rishad Choudhury
Publisher: Cambridge University Press
Total Pages: 377
Release: 2023-10-31
Genre: History
ISBN: 1009253700

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A highly original new history of Muslim political culture across the Indian Ocean from 1739 to 1857. Examining South Asian connections with the Middle East, Rishad Choudhury draws on research in multilingual sources and archives to reveal the imperial entanglements of the hajj pilgrimage to Mecca.

India's Communal Constitution

India's Communal Constitution
Author: Mathew John
Publisher: Cambridge University Press
Total Pages: 160
Release: 2023-09-30
Genre: Law
ISBN: 1009317741

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This book speaks to debates in law, constitutionalism, and the making of political identity in modern India. It demonstrates the way the Constitution of independent India draws on and entrenches colonial and communal forms of identifying the Indian people. In turn this undermines the liberal aspirations of the Indian Constitution.

Articles of Faith

Articles of Faith
Author: Ronojoy Sen
Publisher: Oxford University Press
Total Pages: 304
Release: 2018-10-16
Genre: 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.

Religion and Law in Independent India

Religion and Law in Independent India
Author: Robert D. Baird
Publisher:
Total Pages: 540
Release: 2005
Genre: Law
ISBN:

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This important volume is a major contribution to the interface between religion and law in independent India. The result of a cooperative International project, this multidisciplinary volume includes essays by eminent jurists, legal scholars, historians of religions, political scientists and Sanskritists from India and abroad. This revised and updated edition has new essays on subjects such as the structure of religion and law in India; legal issues affecting the Sikh community; public endowments; and issues relating to caste and conversions.

Religious Freedom in India

Religious Freedom in India
Author: Dhirendra Kumar Srivastava
Publisher:
Total Pages: 352
Release: 1982
Genre: Freedom of religion
ISBN:

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Legalizing Religion

Legalizing Religion
Author: Ronojoy Sen
Publisher:
Total Pages: 80
Release: 2007
Genre: Political Science
ISBN:

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Keeping Faith with the Constitution

Keeping Faith with the Constitution
Author: Goodwin Liu
Publisher: Oxford University Press
Total Pages: 274
Release: 2010-08-05
Genre: Law
ISBN: 0199752834

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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Antagonistic Tolerance

Antagonistic Tolerance
Author: Robert M. Hayden
Publisher: Routledge
Total Pages: 225
Release: 2016-03-22
Genre: Social Science
ISBN: 1317281926

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Antagonistic Tolerance examines patterns of coexistence and conflict amongst members of different religious communities, using multidisciplinary research to analyze groups who have peacefully intermingled for generations, and who may have developed aspects of syncretism in their religious practices, and yet have turned violently on each other. Such communities define themselves as separate peoples, with different and often competing interests, yet their interaction is usually peaceable provided the dominance of one group is clear. The key indicator of dominance is control over central religious sites, which may be tacitly shared for long periods, but later contested and even converted as dominance changes. By focusing on these shared and contested sites, this volume allows for a wider understanding of relations between these communities. Using a range of ethnographic, historical and archaeological data from the Balkans, India, Mexico, Peru, Portugal and Turkey, Antagonistic Tolerance develops a comparative model of the competitive sharing and transformation of religious sites. These studies are not considered as isolated cases, but are instead woven into a unified analytical framework which explains how long-term peaceful interactions between religious communities can turn conflictual and even result in ethnic cleansing.