Divorce and democracy : a history of personal Law in post-independence India / Saumya Saxena.Material type: TextPublisher: New York Cambridge University Press 2022Description: pages cmContent type: text Media type: unmediated Carrier type: volumeISBN: 9781108498340Subject(s): Domestic relations -- India | Legal polycentricity -- India | Religion and state -- India | Muslims -- Legal status, laws, etc. -- India | Hindus -- Legal status, laws, etc. -- India | Christians -- Legal status, laws, etc. -- India | LAW / General | LAW / General | India -- Politics and government -- 1947-Additional physical formats: Online version:: Divorce and democracyDDC classification: 346.5401/5 LOC classification: KNS540 | .S29 2022Other classification: LAW000000 | LAW000000
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Based on author's thesis (doctoral -- University of Cambridge, 2017) issued under title: Politics of personal law in post-independence India c.1946-2007.
Includes bibliographical references and index.
Introduction -- Personal law and the making of modern religion, 1946-56 -- Committees, codes, and customs : renegotiating personal law, 1957-69 -- Social movements, national emergency, and the custody of the Constitution, 1967-79 -- Muslim law, Hindu nationalism, and Indian secularisms, 1980-92 -- The court in context, 1992-2000s -- From the courtroom to the courtyard : the public life of personal law, 2000-present -- Conclusion.
"This book demonstrates that family law, arguably the most visible sphere of such contestation, emerged as a particularly hospitable arena for conversations between religious and legal regimes, to institute the normative framework that could govern the domestic lives of citizens. The work illustrates how the codification of religious personal laws permitted the Indian state to enter into an intimate dialogue with citizens, largely mediated through religion. Thus, through this process, the state also secured monopoly over determining what constituted religion, as well as the right to determine the validity and scope of religious practices. This book therefore suggests that religious personal law played a key role in determining the legal place for religion in India's secular democracy. The controversy on the issue of personal law has contributed to a unique evolution of both the rule of law and the doctrine of secularism in twentieth century India. By tracing the response of legislature, the courts, and civil society movements to the question of cultural rights and notions of abstract citizenship, this book exhibits how the translation of marriage and divorce laws of Hindu, Muslim, and Christian communities into statutes introduced new questions on the tenuous links between the law and the sacred, as well as on the problematic rhetoric of the reformative potential of law"-- Provided by publisher.