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Divorce and democracy : a history of personal law in post-independence India

By: Saxena, Saumya.
Publisher: Cambridge : Cambridge University Press, 2022Description: xvi, 377 p. ; 24 cm.ISBN: 9781108498340.Subject(s): Christians Legal status | Domestic relations | Legal polycentricity | Politics and government | Family Law | 42nd Amendment | All India Muslism Personal Law Board | Bigamy | Christianity | Criminal Procedures Code | Dissolution of marriage | Fundamental rights | Hindu Code Bill | Indian Secular Society | Judicial activism | Minorities | Muslim Personal Law | Religious nationalism | Triple talaq | Uniform Civil Code | National emergencyDDC classification: 346.540166 Summary: This book captures the Indian state's difficult dialogue with divorce, mediated largely through religion. By mapping the trajectories of marriage and divorce laws of Hindu, Muslim, and Christian communities in post-colonial India, it explores the dynamic interplay between law, religion, family, minority rights and gender in Indian politics. It demonstrates that the binary frameworks of the private-public divide, individuals versus group rights, and universal rights versus legal pluralism collapse before the peculiarities of religious personal law. Historicizing the legislative and judicial response to decades of public debates and activism on the question of personal law, it suggests that the sustained negotiations over family life within and across the legal landscape provoked a unique and deeply contextual evolution of both, secularism and religion in India's constitutional order. Personal law, therefore, played a key role in defining the place of religion and determining the content of secularism in India's democracy.
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Books 346.540166 SAX (Browse shelf) Available 033357

Includes bibliographical references and index.

This book captures the Indian state's difficult dialogue with divorce, mediated largely through religion. By mapping the trajectories of marriage and divorce laws of Hindu, Muslim, and Christian communities in post-colonial India, it explores the dynamic interplay between law, religion, family, minority rights and gender in Indian politics. It demonstrates that the binary frameworks of the private-public divide, individuals versus group rights, and universal rights versus legal pluralism collapse before the peculiarities of religious personal law. Historicizing the legislative and judicial response to decades of public debates and activism on the question of personal law, it suggests that the sustained negotiations over family life within and across the legal landscape provoked a unique and deeply contextual evolution of both, secularism and religion in India's constitutional order. Personal law, therefore, played a key role in defining the place of religion and determining the content of secularism in India's democracy.

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