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Articles of Faith: Religion, Secularism, and the Indian Supreme Court

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ISBN13: 9780198085355
Published: November 2012
Publisher: Oxford University Press India
Country of Publication: India
Format: Paperback
Price: £10.99



Despatched in 3 to 5 days.

This book examines the relationship of religion and the Indian state and seeks to answer the question: 'How has the higher judiciary in Independent India interpreted the right to freedom of religion and in turn influenced the discourse on secularism and nationhood?' The author examines the tension between judgments that attempt to define the essence of religion and in many ways to 'rationalize' it, and a society where religion occupies a prominent space. He places the judicial discourse within the wider political and philosophical context of Indian secularism. The author also focuses on judgments related to Article 44, under the Directive Principles of State Policy, which places a duty on the state to 'secure' a uniform civil code for the nation. His contention is that the Indian Supreme Court has actively aimed at reform and rationalization of obscurantist religious views and institutions and has, as a result, contributed to a 'homogenization of religion' and also the nation, that it has not shown adequate sensitivity to the pluralism of Indian polity and the rights of minorities.

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Contents:
PREFACE
INTRODUCTION
1. : DEFINING RELIGION: THE SUPREME COURT AND HINDUISM
2. : THE DOCTRINE OF ESSENTIAL PRACTICES: THE JUDGES SHAPE A RATIONAL HINDUISM
3. : IN THE NAME OF GOD: REGULATING RELIGION IN ELECTIONS
4. : GOOD CITIZENS: RELIGION AND EDUCATIONAL INSTITUTIONS
5. : BOUNDARIES OF FAITH: THE COURT AND CONVERSION
6. : IMPOSING LEGAL UNIFORMITY: THE COURT AND MUSLIM MINORITY RIGHTS
7. : JUDGING RELIGION: A NEHRUVIAN IN COURT
8. : CONCLUSION
SELECT BIBLIOGRAPHY
CASE INDEX
SUBJECT INDEX