Law And Identity In Colonial South Asia

This book explores the legal culture of the Parsis, an ethno-religious community unusually invested in the colonial legal system of British India and Burma.

This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.

The Routledge Handbook of the History of Colonialism in South Asia provides a comprehensive overview of the historiographical specialisation and sophistication of the history of colonialism in South Asia. It explores the classic works of earlier generations of historians and offers an introduction to the rapid and multifaceted development of historical research on colonial South Asia since the 1990s. Covering economic history, political history, and social history and offering insights from other disciplines and ‘turns’ within the mainstream of history, the handbook is structured in six parts: Overarching Themes and Debates The World of Economy and Labour Creating and Keeping Order: Science, Race, Religion, Law, and Education Environment and Space Culture, Media, and the Everyday Colonial South Asia in the World The editors have assembled a group of leading international scholars of South Asian history and related disciplines to introduce a broad readership into the respective subfields and research topics. Designed to serve as a comprehensive and nuanced yet readable introduction to the vast field of the history of colonialism in the Indian subcontinent, the handbook will be of interest to researchers and students in the fields of South Asian history, imperial and colonial history, and global and world history.

It is a political study of the controversy surrounding the issue of the uniform civil code vis-à-vis personal laws from a South Asian perspective. At the centre of the debate is whether there should be a centralized view of the legal system in a given society or a decentralized view, both horizontally and vertically. This issue is entangled within the threads of identity politics, minority rights, women’s rights, national integration, global Islamic politics and universal human rights. Champions of each category view it through their own prisms, making the debate extremely complex, especially in politically and socially plural South Asia. So, this book attempts to harmonize the threads of the debate to provide a holistic political analysis.

This text discusses the principal political and constitutional questions that have arisen in the states of Bangladesh, India, Pakistan and Sri Lanka following fifty years of independence. In Sri Lanka the pressing problems have been around the inter-ethnic civil war, experiments with constitutional designs, widespread prevalence of corruption and the recrudescence of Buddhist militancy. In India it has been corruption, Hindu nationalism and general political instability. In Bangladesh and Pakistan it has been the role of the military, the state and religion. A general theme is an analysis of the malaise that is prevalent and how and why this was inherited, despite the colonial legacy of parliamentary democracy, the steel framework of a trained bureaucracy, the independence of the judiciary and the rule of law.

What constitutes a sovereign state in the international legal sphere? This question has been central to international law for centuries. This book provides a compelling exploration of the history of sovereignty through an analysis of the jurisdictional politics involving a specific set of historical legal entities.

The essays in this collection examine issues of gender, family, and law in the Middle East and South Asia. In particular, the authors address the impact of colonialism on law, family, and gender relations; the role of religious politics in writing family law and the implications for gender relations; and the tension between international standards emerging from UN conferences and conventions and various nationalist projects. Employing the frame of globalization, the authors highlight how local and global forces interact and influence the experience and actions of people who engage with the law. By virtue of a "south-south" comparison of two quite similar and culturally linked regions, contributors avoid positing "the West" as a modern telos. Drawing upon the fields of anthropology, history, sociology, and law, this volume offers a wide-ranging exploration of the complicated history of jurisprudence with regard to family and gender.

This volume brings together sixteen articles on the religions, literatures and histories of South and Central Asia in tribute to Patrick Olivelle, one of North America’s leading Sanskritists and historians of early India. Over the last four decades, the focus of his scholarship has been on the ascetic and legal traditions of India, but his work as both a researcher and a teacher extends beyond early Indian religion and literature. ‘Religion and Identity and South Asia and Beyond’ is a testament to that influence. The contributions in this volume, many by former students of Olivelle, are committed to linguistic and historical rigor, combined with sensitivity to how the study of Asia has been changing over the last several decades.