Religion Law And The State In India

This volume analyzes the development of the unique and complex nexus of values, beliefs and laws that comprise the Indian legal system, from ancient times, through the period of British colonization, and into the post-Independence era. J. Duncan M. Derrett is one of the world's leading authorities on Indian legal history.

Includes case law.

The entanglement of law and religion is reiterated on a daily basis in India. Communities and groups turn to the courts to seek positive recognition of their religious identities or sentiments, as well as a validation of their practices. Equally, courts have become the most potent site of the play of conflicts and contradictions between religious groups. The judicial power thus not only arbiters conflicts but also defines what constitutes the ‘religious’, and demarcates its limits. This volume argues that the relationship between law and religion is not merely one of competing sovereignties – as rational law moulding religion in its reformist vision, and religion defending its turf against secular incursions– but needs to be understood within a wider social and political canvas. The essays here demonstrate how questions of religious pluralism, secularism, law and order, are all central to understanding how the religious and the legal remain imbricated within each other in modern India. It will be of interest to academics, researchers, and advanced students of Sociology, History, Political Science and Law. The chapters in this book were originally published as a special issue of South Asian History and Culture.

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.

Throughout India's history, religion has been the most powerful single factor in the development of her civilization. Today, despite her religious tradition, India is emerging as a secular state. In this book, Donald E. Smith explores the origin of the concept of secularization as it is found both in Indian culture and in the example of the western nations. He emphasizes the important role of secularization in India’s total democratic experiment and points out that the degree of its realization will undoubtedly affect the eventual character of democracy in India. In addition, the success or failure of the secular state in India cannot fail to influence the attitudes of her neighbors. Professor Smith considers the many aspects and implications of India’s attempt to secularize her government. Originally published in 1963. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how India deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in India. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.