Search results for: the-politics-of-personal-law-in-south-asia-identity-nationalism-and-the-uniform-civil-code

The Politics of Personal Law in South Asia

Author : Partha S. Ghosh
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The viability of the Uniform Civil Code (UCC) has always been a bone of contention in socially and politically plural South Asia. It is entangled within the polemics of identity politics, minority rights, women’s rights, national integration, uniform citizenry and, of late, global Islamic politics and universal human rights. While champions of each category view the issue from their own perspectives, making the debate extremely complex, this book takes up the challenge of providing a holistic political analysis. As most of the South Asian states today subscribe to a decentralised view and share a common history, this study is an excellent comparative analysis of the applicability of the UCC. In this work, India figures prominently, being the most plural and vibrant democracy, as well as accounting for almost three-fourths of the region’s population. This provides the backdrop for an analysis of the other states in the region. This second edition will be indispensable for scholars, researchers and students of law, political science and South Asian Studies.

The Politics of Personal Law in South Asia

Author : Partha Sarathy Ghosh
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It is a political study of the controversy surrounding the issue of the uniform civil code vis-a-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. "

Uniform Civil Code for India

Author : Shimon Shetreet
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Article 44 of The Constitution of India, provides that 'The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.' Even after more than six decades, this anticipated code has not been developed or implemented. This book provides a blueprint for alternative frameworks and courses of action, drawing on lessons from comparative context to develop a Uniform Civil Code for India. It explores the interplay between issues of law, culture, and religion in light of various intra-community and inter-community disputes. The book proposes a series of guidelines and considerations to inform this process. The first guideline urges that the process of preparing and implementing a Uniform Civil Code should be the function of the Legislature. The Courts can resolve certain specific points but the comprehensive code is a legislative function and not for judicial resolution. The second guideline suggests the parallel application of civil and religious law. The securing of a Uniform Civil Code must not negate the possibility of citizens availing themselves of religious law-if they so wish. The third guideline advises a gradual application of a Uniform Civil Code. The development of the code should be done topic by topic, chapter by chapter. The fourth guideline is to deploy tools of mediation in both the formation of the code and its implementation. This mediation should take on two forms—intercommunity mediation and individual mediation. The first of these two relates to a dialogue between the communities of India, to advance an agreement upon the substantive provisions of the Uniform Civil Code. The second relates to mediation between individuals, in occasions where dispute arises in the realm of personal law.

Women s Human Rights in India

Author : Christine Forster
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This book focusses on women’s human rights in India. Drawing on case studies, it provides a clear overview of the key sources on gender and rights in the country. Further, it contextualizes women’s rights at the critical intersection of caste, religion and class, and analyses barriers to the realization of women’s human rights in practice. It also develops strategies for moving forward towards greater recognition, protection, promotion and fulfilment of women’s human rights in India. Drawing on critical pedagogical tools to analyse groundbreaking court cases, this book will be a key text in human rights studies. It will be indispensable to students, scholars and researchers of gender studies, sociology, law and human rights.

Routledge Readings on Law and Social Justice

Author : Kalpana Kannabiran
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Routledge Readings on Law and Social Justice: Dispossessions, Marginalities, Rights presents some of the finest essays on social justice, rights and public policy. With a lucid new Introduction, it covers a vast range of issues and offers a compelling guide to understanding law and socio- legal studies in South Asia. The book covers critical themes such as the jurisprudence of rights, justice, dignity, with a focus on the regimes of patriarchy, labour and dispossession. The fourteen chapters in the volume, divided into three sections, examine contested sites of the constitution, courts, prisons, land and complex processes of migration, trafficking, digital technology regimes, geographical indications and their entanglements. This multidisciplinary volume foregrounds the politics and plural lives of/ in law by including perspectives from major authors who have contributed to the academic and/ or policy discourse of the subject. This book will be useful to students, scholars, policymakers and practitioners interested in a nuanced understanding of law, especially those studying law, marginality and violence. It will serve as essential reading for those in law, socio- legal studies, legal history, South Asian studies, human rights, jurisprudence and constitutional studies, gender studies, history, politics, conflict and peace studies, sociology and social anthropology. It will also appeal to legal historians and practitioners of law, and those in public administration, development studies, environmental studies, migration studies, cultural studies, labour studies and economics.

India South Asia Interface

Author : Partha S. Ghosh
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India-South Asia Interface raises the fundamental question: How does one make sense of South Asia? Conventional wisdom defines it primarily in terms of regional and international politics. The failures of the South Asian Association for Regional Cooperation (SAARC) are emblematic of that wisdom. Marking a departure from such approaches, Partha Ghosh makes the case that more than merely a political construct South Asia must be understood as a shared social consciousness. Through chapters that explore topics such as threats to democracy, religion and politics, the place of Kashmir, different conceptions of regionalism, the roles of America and China, and the issue of refugees and migrants, he demonstrates that there is no escape from reinventing the region from a people’s perspective. Only this way can South Asia retrieve its soul and replace its cynicism and despair with expectation and hope. Based primarily on Ghosh’s research articles and newspaper columns written over the last five years, the volume can be viewed as an intimate statement of his understanding of the region; an understanding that has matured through decades-long interactions with the region’s academics, politicians, and the so-called ‘man on the street’. In some sense, the volume is also a semi-autobiographical treatise, which spells out Ghosh’s systematic evolution as a confirmed South Asianist. The region’s destiny ought to be wrested, he therefore argues, from the hands of its political leaders and returned to the common men and women of the region. Please note: Taylor & Francis does not sell or distribute the Hardback in India, Pakistan, Nepal, Bhutan, Bangladesh and Sri Lanka.

Minority Accommodation through Territorial and Non Territorial Autonomy

Author : Tove H. Malloy
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Minority Accommodation through Territorial and Non-Territorial Autonomy explores the relationship between minority, territory, and autonomy, and how it informs our understanding of non-territorial autonomy (NTA) as a strategy for accommodating ethno-cultural diversity in modern societies. While territorial autonomy (TA) is defined by a claim to a certain territory, NTA does not assume that it is derived from any particular right to territory, allocated to groups that are dispersed among the majority while belonging to a certain self-identified notion of group identity. In seeking to understand the value of NTA as a public policy tool for social cohesion, this volume critically dissects the autonomy arrangements of both NTA and TA, and through a conceptual analysis and case-study examination of the two models, rethinks the viability of autonomy arrangements as institutions of diversity management. This is the second volume in a five-part series exploring the protection and representation of minorities through non-territorial means, examining this paradox within law and international relations with specific attention to non-territorial autonomy (NTA).

Politics in South Asia

Author : Siegfried O. Wolf
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The book introduces central themes that have preoccupied the field of South Asian politics over the last few decades and identifies new, emerging areas of research. Presenting both general political theory and context-specific case studies, the collection draws attention to the methodological challenges of working on an area-specific theme and the importance of generating generalizable insights linked to theory. Hence it will be of interest for political scientists working on South Asian politics as well as on other non-Western societies. The collection represents an unusually broad survey of scholarship emerging from a range of leading academic centres in the field.

Secularism Religion and Politics

Author : Peter Losonczi
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This book highlights the relationship between the state and religion in India and Europe. It problematizes the idea of secularism and questions received ideas about secularism. It also looks at how Europe and India can learn from each other about negotiating religious space and identity in this globalised post-9/11 world.

State Nationalism and Islamization

Author : Raja M. Ali Saleem
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This book argues that Islam’s role in state nationalism is the best predictor of the Islamization of government using two most different cases: Turkey, which was an aggressively secular country until recently, and Pakistan, a country that is synonymous with Islamization. It establishes a causal link between Islam’s role in state nationalism and Islamization of government during various periods of the history of both countries. The indicators used to establish the causal link between Islam’s role in state nationalism and Islamization are the presence of Islamic provisions in the constitution, Islam-inspired national symbols, Islamic images on the national currency, Islamic basis of family law, a Department of Religious Affairs, and governmental support for religious education. The book concludes by identifying three causal mechanisms—legitimacy, mobilization, and authenticity—that link Islam’s role in state nationalism and the Islamization of government.