000 02384cam a22002418i 4500
999 _c38762
_d38762
020 _a9781108498340
082 _a346.01660954
_bSAX-D
100 1 _aSaxena, Saumya
_eauthor.
245 1 0 _aDivorce and democracy :
_ba history of personal Law in post-independence India /
_cby Saumya Saxena.
260 _aDelhi:
_bCambridge University Press,
_c2022
300 _axvi,350p.
_e24cm
500 _aBased on author's thesis (doctoral -- University of Cambridge, 2017) issued under title: Politics of personal law in post-independence India c.1946-2007.
504 _aIncludes glossary (page no. 331-334) bibliographical references (page no. 335-365) and index.(page no. 367-377)
520 _a"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"--
650 0 _aDomestic relations
_zIndia.
650 0 _aLegal polycentricity
_zIndia.
650 0 _aReligion and state
_zIndia.
650 0 _aMuslims
_xLegal status
_zIndia.
650 0 _aHindus
_xLegal status
_zIndia.
650 0 _aChristians
_xlaws
_zIndia.
650 7 _aLaw
942 _2ddc
_cBK