Religion and personal law in secular India : a call to judgment ; [... 1999, Indiana University, Bloomington ... conference

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. Contents......Page 6 Preface......Page 8 Introduction: The Secular State in a Religious Society......Page 12 PART I The Secular State and Legal Pluralism:The Current Debate and Its Historical Antecedents......Page 24 One: Religion, Personal Law, and Identity in India......Page 26 Two: Religious Minorities and the Law......Page 35 Three: Living with Difference in India: Legal Pluralism and Legal Universalism in Historical Context......Page 47 PART II Religious Endowments, Reservations Law, and Criminal Law......Page 78 Four: Religious and Charitable Endowments and a Uniform Civil Code......Page 80 Five: Personal Law and Reservations, Volition and Religion in Contemporary India......Page 115 Six: The Uniform Civil Code Debate: Lessons from the Criminal Procedures......Page 135 PART III: Personal Law and Issues of Gender......Page 154 Seven: Gender Implications for a Uniform Civil Code......Page 156 Eight: The Personal and the Political: Indian Women and Inheritance Law......Page 174 Nine: Observations on the Historical Destruction of Separate Legal Regimes......Page 195 Ten: Who Was Roop Kanwar? Sati, Law, Religion, and Postcolonial Feminism......Page 211 Eleven: “Where Will She Go? What Will She Do?”: Paternalism toward Women in the Administration of Muslim Personal Law in Cont......Page 237 PART IV: Cross-Cultural Perspectives......Page 260 Twelve: Affirmative Action in the United States and the Reservation System in India, Some Comparative Comments......Page 262 Thirteen: Personal Law Systems and Religious Conflict, A Comparison of India and Israel......Page 281 Fourteen: The Road to Xanadu, India’s Quest for Secularism......Page 312 Some Continuing Issues......Page 341 Bibliographical Note......Page 360 Contributors......Page 362 Index......Page 364 Most Of The Papers Presented At A Conference Held At Bloomington In 1999; Some Previously Published. Introduction : The Secular State In A Religious Society / Gerald James Larson -- Religion, Personal Law, And Identity In India / Granville Austin -- Religious Minorities And The Law / Ruma Pal -- Living With Difference In India : Legal Pluralism And Legal Universalism In Historical Context / Susanne Hoeber Rudolph And Lloyd I. Rudolph -- Religious And Charitable Endowments And A Uniform Civil Code / John H. Mansfield -- Personal Law And Reservations : Volition And Religion In Contemporary India / Laura Dudley Jenkins -- Uniform Civil Code Debate : Lessons From The Criminal Procedures / Arvind Verma -- Gender Implications For A Uniform Civil Code / Robert D. Baird -- Personal And The Political : Indian Women And Inheritance Law / Srimati Basu -- Observations On The Historical Destruction Of Separate Legal Regimes / Kunal M. Parker -- Who Was Roop Kanwar? : Sati, Law, Religion, And Postcolonial Feminism / Paul B. Courtright And Namita Goswami -- Where Will She Go? What Will She Do? : Paternalism Toward Women In The Administration Of Muslim Personal Law In Contemporary India / Sylvia Vatuk -- Affirmative Action In The United States And The Reservation System In India : Some Comparative Comments / Kevin Brown -- Personal Law Systems And Religious Conflict : A Comparison Of India And Israel / Marc Galanter And Jayanth Krishnan -- Road To Xanadu : India's Quest For Secularism / Rajeev Dhavan -- Some Continuing Issues / William D. Popkin. Edited By Gerald James Larson. Papers Delivered At A Colloquium Held At Indiana University, Bloomington, In The Spring Of 1999. Includes Bibliographical References And Index.

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.

A comprehensive look at the challenges that India faces as it tries to put a uniform civil code into practice. It contains 16 essays which explore themes such as the extent and jurisdiction of civil laws; the desirability of a uniform civil code; and the treatment of women under a single law