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The Indian Constitution posits a separation between a secular domain that the state can regulate and a religious one in which it should not interfere. However, defining the separation between the two has proved contentious: the state is involved in various ways in the direct administration of many religious institutions; and courts are regularly asked to decide on rights linked to religious functions and bodies. Such decisions contribute to (re)defining religious categories and practices.This edited volume aims at exploring how apparently technical legalistic action taking place in courts of law significantly shapes the place Hinduism occupies in Indian and Nepalese societies, perhaps even more so than the ideology of any political party. Thus, this volume does not deal so much with politics of secularism in general, but with how courts deal in practice with Hinduism. The approach developed in this volume is resolutely historical and anthropological. It considers law as part of social, religious, and political dynamics while relying on in-depth ethnography and archival research.
This volume investigates how judicial interventions in India and Nepal actively define and reshape the practice and institutional status of Hinduism within secular legal frameworks. The authors, Daniela Berti, Gilles Tarabout, and Raphaël Voix, utilize a combination of historical analysis and ethnographic fieldwork to examine the tension between constitutional secularism and the state's practical involvement in religious administration. By focusing on court rulings rather than political rhetoric, the text argues that legalistic actions are primary drivers in the evolution of religious identity and institutional authority in South Asia.
What You Will Find
Scholars in the fields of South Asian studies and legal anthropology recognize this work as a significant contribution to the study of secularism in practice. Readers frequently note the academic density of the prose and the rigorous methodology applied to complex legal and religious questions.
Page Count:
372
Publication Date:
2016-04-28
Publisher:
Oxford University Press
ISBN-10:
0199463794
ISBN-13:
9780199463794
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