Religious Freedom in India

Sovereignty and (anti) Conversion

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Author: Goldie Osuri

Publisher: Routledge

ISBN: 0415665574

Category: Political Science

Page: 204

View: 1246

Drawing on the critical and theoretical concepts of sovereignty, biopolitics, and necropolitics, this book examines how a normative liberal and secular understanding of India's religious identity is translatable by Hindu nationalists into discrimination and violence against minoritized religious communities. Extending these concepts to an analysis of historical, political and legal genealogies of conversion, the author demonstrates how a concern for sovereignty links past and present anti-conversion campaigns and laws. The book illustrates how sovereignty informs the making of secularism as well as religious difference. The focus on sovereignty sheds light on the manner in which religious difference becomes a point of reference for the religio-secular idioms of Bombay cinema, for legal judgements on communal violence, for human rights organizations, and those seeking justice for communal violence. This wide-ranging examination and discussion of the trajectories of (anti) conversion politics through historical, legal, philosophical, popular cultural, archival and ethnographic material offers a cogent argument for shifting the stakes and rethinking the relationship between sovereignty and religious freedom. The book is a timely contribution to broader theoretical and political discussions of (post) secularism and human rights, and is of interest to students and scholars of postcolonial studies, cultural studies, law, and religious studies.

A Seat at the Table

Huston Smith In Conversation with Native Americans on Religious Freedom

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Author: Huston Smith,Phil Cousineau,Gary Rhine

Publisher: Univ of California Press

ISBN: 0520244397

Category: Religion

Page: 232

View: 6520

"A Seat At The Table is a valuable and insightful book about a too long overlooked topic - the right of Native American people to have their sacred sites and practices honored and protected. Let's hope it gets read far and wide, enough to bring about a real shift in policy and consciousness.”—Bonnie Raitt "Phil Cousineau has created a fine companion book to accompany the important film he and Gary Rhine have made in defense of the religious traditions of Native Americans. [Native Americans] are recognized the world over as keepers of a vital piece of the Creator's original orders, and yet they are regarded as little more than squatters at home. This book features impressive interviews, beautiful illustrations, and gives a voice to the voiceless.”—Peter Coyote

We Have a Religion

The 1920s Pueblo Indian Dance Controversy and American Religious Freedom

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Author: Tisa Joy Wenger

Publisher: Univ of North Carolina Press

ISBN: 0807832626

Category: Religion

Page: 333

View: 2682

For Native Americans, religious freedom has been an elusive goal. From nineteenth-century bans on indigenous ceremonial practices to twenty-first-century legal battles over sacred lands, peyote use, and hunting practices, the U.S. government has often act

The Peyote Road

Religious Freedom and the Native American Church

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Author: Thomas C. Maroukis

Publisher: University of Oklahoma Press

ISBN: 0806185961

Category: History

Page: 272

View: 1458

Despite challenges by the federal government to restrict the use of peyote, the Native American Church, which uses the hallucinogenic cactus as a religious sacrament, has become the largest indigenous denomination among American Indians today. The Peyote Road examines the history of the NAC, including its legal struggles to defend the controversial use of peyote. Thomas C. Maroukis has conducted extensive interviews with NAC members and leaders to craft an authoritative account of the church’s history, diverse religious practices, and significant people. His book integrates a narrative history of the Peyote faith with analysis of its religious beliefs and practices—as well as its art and music—and an emphasis on the views of NAC members. Deftly blending oral histories and legal research, Maroukis traces the religion’s history from its Mesoamerican roots to the legal incorporation of the NAC; its expansion to the northern plains, Great Basin, and Southwest; and challenges to Peyotism by state and federal governments, including the Supreme Court decision in Oregon v. Smith. He also introduces readers to the inner workings of the NAC with descriptions of its organizational structure and the Cross Fire and Half Moon services. The Peyote Road updates Omer Stewart’s classic 1987 study of the Peyote religion by taking into consideration recent events and scholarship. In particular, Maroukis discusses not only the church’s current legal issues but also the diminishing Peyote supply and controversies surrounding the definition of membership. Today approximately 300,000 American Indians are members of the Native American Church. The Peyote Road marks a significant case study of First Amendment rights and deepens our understanding of the struggles of NAC members to practice their faith.

Religious Freedom and the Australian Constitution

Origins and Future

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Author: Luke Beck

Publisher: Routledge

ISBN: 1351257749

Category: Law

Page: 178

View: 4784

This book examines the origins of Australia’s constitutional religious freedom provision. It explores, on the one hand, the political activities and motives of religious leaders seeking to give the Australian Constitution a religious character and, on the other, the political activities and motives of a religious minority seeking to prevent the Australian Constitution having a religious character. The book also interrogates the argument advanced at the Federal Convention in favour of section 116, dealing with separation of religion and government, and argues that until now scholars and courts have misunderstood that argument. The book casts new light to show how the origins of the provision lead to section 116 being conceptualised as a safeguard against religious intolerance on the part of the Commonwealth. Written in an accessible style, the work has potential to influence the development of constitutional doctrine by the High Court through its challenge of historical assumptions on which the High Court’s current doctrine is based. Given the ongoing political debates concerning the interaction of discrimination law and religious freedom, the book will be of interest to academics and policy-makers working in the areas of law and religion, constitutional law and comparative law.

Religious Freedom and the Law

Emerging Contexts for Freedom for and from Religion

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Author: Brett G. Scharffs,Asher Maoz,Ashley Isaacson Woolley

Publisher: Routledge

ISBN: 1351369717

Category: Law

Page: 288

View: 2990

This volume presents a timely analysis of some of the current controversies relating to freedom for religion and freedom from religion that have dominated headlines worldwide. The collection trains the lens closely on select issues and contexts to provide detailed snapshots of the ways in which freedom for and from religion are conceptualized, protected, neglected, and negotiated in diverse situations and locations. A broad range of issues including migration, education, the public space, prisons and healthcare are discussed drawing examples from Europe, the US, Asia, Africa and South America. Including contributions from leading experts in the field, the book will be essential reading for researchers and policy-makers interested in Law and Religion.

The Rights of Indians and Tribes

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Author: Stephen L. Pevar

Publisher: Oxford University Press

ISBN: 0199913439

Category: Law

Page: 540

View: 3612

The Rights of Indians and Tribes, first published in 1983, has sold over 100,000 copies and is the most popular resource in the field of Federal Indian Law. The book, which explains this complex subject in a clear and easy-to-understand way, is particularly useful for tribal advocates, government officials, students, practitioners of Indian law, and the general public. Numerous tribal leaders highly recommend this book. Incorporating a user-friendly question-and-answer format, The Rights of Indians and Tribes addresses the most significant legal issues facing Indians and Indian tribes today, including tribal sovereignty, the federal trust responsibility, the regulation of non-Indians on reservations, Indian treaties, the Indian Civil Rights Act, the Indian Gaming Regulatory Act, and the Indian Child Welfare Act. This fully-updated new edition features an introduction by John Echohawk, Executive Director of the Native American Rights Fund.

Religious Freedom

The Contested History of an American Ideal

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Author: Tisa Wenger

Publisher: UNC Press Books

ISBN: 1469634635

Category: Religion

Page: 312

View: 1735

Religious freedom is so often presented as a timeless American ideal and an inalienable right, appearing fully formed at the founding of the United States. That is simply not so, Tisa Wenger contends in this sweeping and brilliantly argued book. Instead, American ideas about religious freedom were continually reinvented through a vibrant national discourse--Wenger calls it "religious freedom talk--that cannot possibly be separated from the evolving politics of race and empire. More often than not, Wenger demonstrates, religious freedom talk worked to privilege the dominant white Christian population. At the same time, a diverse array of minority groups at home and colonized people abroad invoked and reinterpreted this ideal to defend themselves and their ways of life. In so doing they posed sharp challenges to the racial and religious exclusions of American life. People of almost every religious stripe have argued, debated, negotiated, and brought into being an ideal called American religious freedom, subtly transforming their own identities and traditions in the process. In a post-9/11 world, Wenger reflects, public attention to religious freedom and its implications is as consequential as it has ever been.

Freedom's Coming

Religious Culture and the Shaping of the South from the Civil War through the Civil Rights Era

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Author: Paul Harvey

Publisher: UNC Press Books

ISBN: 1469606429

Category: History

Page: 360

View: 1313

In a sweeping analysis of religion in the post-Civil War and twentieth-century South, Freedom's Coming puts race and culture at the center, describing southern Protestant cultures as both priestly and prophetic: as southern formal theology sanctified dominant political and social hierarchies, evangelical belief and practice subtly undermined them. The seeds of subversion, Paul Harvey argues, were embedded in the passionate individualism, exuberant expressive forms, and profound faith of believers in the region. Harvey explains how black and white religious folk within and outside of mainstream religious groups formed a southern "evangelical counterculture" of Christian interracialism that challenged the theologically grounded racism pervasive among white southerners and ultimately helped to end Jim Crow in the South. Moving from the folk theology of segregation to the women who organized the Montgomery bus boycott, from the hymn-inspired freedom songs of the 1960s to the influence of black Pentecostal preachers on Elvis Presley, Harvey deploys cultural history in fresh and innovative ways and fills a decades-old need for a comprehensive history of Protestant religion and its relationship to the central question of race in the South for the postbellum and twentieth-century period.

Prohibition, Religious Freedom, and Human Rights: Regulating Traditional Drug Use

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Author: Beatriz Caiuby Labate,Clancy Cavnar

Publisher: Springer Science & Business Media

ISBN: 3642409571

Category: Law

Page: 254

View: 6024

This book addresses the use and regulation of traditional drugs such as peyote, ayahuasca, coca leaf, cannabis, khat and Salvia divinorum. The uses of these substances can often be found at the intersection of diverse areas of life, including politics, medicine, shamanism, religion, aesthetics, knowledge transmission, socialization, and celebration. The collection analyzes how some of these psychoactive plants have been progressively incorporated and regulated in developed Western societies by both national legislation and by the United Nations Drug Conventions. It focuses mainly, but not only, on the debates in court cases around the world involving the claim of religious use and the legal definitions of “religion.” It further touches upon issues of human rights and cognitive liberty as they relate to the consumption of drugs. While this collection emphasizes certain uses of psychoactive substances in different cultures and historical periods, it is also useful for thinking about the consumption of drugs in general in contemporary societies. The cultural and informal controls discussed here represent alternatives to the current merely prohibitionist policies, which are linked to the spread of illicit and violent markets. By addressing the disputes involved in the regulation of traditional drug use, this volume reflects on notions such as origin, place, authenticity, and tradition, thereby relating drug policy to broader social science debates.

Constitutionalism, Democracy and Religious Freedom

To be Fully Human

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Author: Hans-Martien ten Napel

Publisher: Routledge

ISBN: 1317236904

Category: Law

Page: 170

View: 7789

In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief. The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.

In the Light of Justice

The Rise of Human Rights in Native America and the UN Declaration on the Rights of Indigenous Peoples

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Author: Walter R. Echo-Hawk

Publisher: Fulcrum Publishing

ISBN: 1938486072

Category: Social Science

Page: 352

View: 8605

In 2007 the United Nations approved the United Nations Declaration on the Rights of Indigenous Peoples. United States endorsement in 2010 ushered in a new era of Indian law and policy. This book highlights steps that the United States, as well as other nations, must take to provide a more just society and heal past injustices committed against indigenous peoples.

American Indians, American Justice

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Author: Vine Deloria, Jr.,Clifford M. Lytle

Publisher: University of Texas Press

ISBN: 9780292738348

Category: Social Science

Page: 262

View: 5699

Looks at how American Indians are using the courts to settle matters relating to self-determination, cultural preservation, lost land, and basic human rights

Exporting Freedom

Religious Liberty and American Power

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Author: Anna Su

Publisher: Harvard University Press

ISBN: 0674915844

Category: Law

Page: N.A

View: 2762

Religious freedom is recognized as a basic human right, guaranteed by nearly all national constitutions. Anna Su charts the rise of religious freedom as an ideal firmly enshrined in international law and shows how America’s promotion of the cause of individuals worldwide to freely practice their faith advanced its ascent as a global power.

Freedom of Expression and Religious Hate Speech in Europe

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Author: Erica Howard

Publisher: Routledge

ISBN: 1351998781

Category: Law

Page: 191

View: 1650

In recent years, the Danish cartoons affair, the Charlie Hebdo murders and the terrorist attacks in Brussels and Paris have resulted in increasingly strident anti-Islamic speeches by politicians. This raises questions about the limits to freedom of expression and whether this freedom can and should be restricted to protect the religious feelings of believers. This book uses the case law of the European Court of Human Rights to provide a comprehensive analysis of the questions: whether legal prohibitions of religious hate speech violate the right to freedom of expression; and, whether such laws should be used to prosecute politicians and others who contribute to current debates when they use anti-Islam rhetoric. A well-known politician who uses such rhetoric is Dutch politician Geert Wilders. He has been prosecuted twice for hate speech, and was acquitted in the first case and recently convicted in the second. These prosecutions are used to illustrate the issues involved in drawing the line between freedom of expression and religious hate speech. The author argues that freedom of expression of politicians and those contributing to the public debate should not be restricted except in two very limited circumstances: when they incite to hatred or violence and there is an imminent danger that violence will follow or where it stops people from holding or manifesting their religion. Based on this, the author concludes that the European Court of Human Rights should decide, if it is asked to do so, that Wilders conviction for hate speech violates his freedom of expression.

Law, Religious Freedoms and Education in Europe

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Author: Dr Myriam Hunter-Henin

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409497917

Category: Political Science

Page: 410

View: 8006

This collection considers how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and concepts, within the context of education. It offers a critical reflection on the extent and meanings given to religious freedom in education across Europe. The contributions deal primarily with Western Europe although the book also includes a study of the US vibrant debates on Creationism. This volume considers issues such as religious expression, faith schooling and worship in schools, in a multidisciplinary and comparative approach. The book first examines key concepts, before presenting national models of religion and education in Europe and analyzing case studies relating to religious symbols worn at school and to the teaching of religious education. Legal questions are examined in a wider context, in the light of the intentions of state policy and of current national and transnational debates. Controversies on the legal implications of personal and national identities are for example analyzed. From a comparative perspective, the chapters examine the possible converging power of human rights and anti-discrimination discourses and reveal the difficulties and risks involved in seeking to identify the best model for Europe. This topical study of a highly sensitive area of education presents a valuable insight for students, researchers and academics with an interest in cultural and religious diversity, human rights and education.

A New Birth of Freedom

Human Rights, Named and Unnamed

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Author: N.A

Publisher: Yale University Press

ISBN: 9780300153637

Category: Civil rights

Page: 175

View: 3213