|
|
|
Sort Order |
|
|
|
Items / Page
|
|
|
|
|
|
|
| Srl | Item |
| 1 |
ID:
102037
|
|
|
|
|
| Publication |
2011.
|
| Summary/Abstract |
Studies of the post-colonial state have often presented it as a structure that has fallen under the control of self-interested sections of the Indian elite. In terms of citizenship, the failure of the state to do more to realize the egalitarian promise of the Fundamental Rights, set out in the Constitution of 1950, has often been attributed to interference by these powerful elite. Tracing the interplay between debates about Hindu property rights and popular support or tolerance for the notion of individual, liberal citizenship, this paper argues that the principles espoused in the Fundamental Rights were never neutral abstractions but, long before independence, were firmly embedded in the material world of late-colonial political relations. Thus, in certain key regards, the citizen-subject of the Indian Constitution was not the individual, freed from ascriptive categories of gender or religious identity, but firmly tied to the power structures of the community governed by Hindu law.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 2 |
ID:
098853
|
|
|
|
|
| Publication |
2010.
|
| Summary/Abstract |
One of the most contentious political issues in postcolonial India is the unfulfilled project of a 'uniform civil code' which would override the existing 'personal laws' or religion-based laws of domestic relations, inheritance and religious institutions. If the personal laws are admitted to be preserved (if somewhat distorted) remnants of 'religious laws', then the legitimacy of state intervention is called into question, especially since the Indian state claims to be secular. This paper, by discussing the history of the lesser-known Christian personal law, demonstrates that this conundrum is of considerable heritage. From the earliest days of British imperial rule in India, the quest to establish a universal body of law conflicted with other legal principles which upheld difference: that of religion, as well as race. It was the historical role of Indian Christians to occasion legal dilemmas regarding the jurisdictions of British and 'native' law, and concurrently about the identity of people subject to those different laws. In trying to discover who the Indian Christians were, and what laws ought to apply to them, British judges had perforce to reflect on who the 'British' were, whilst also dealing with conflicting collective claims made by Hindus, Muslims, Parsis, and Christians themselves about their own identity and religious rights. The Indian Christian personal law was an unintended by-product of this process, a finding which throws light both on the dynamics of colonial legislation, and on the essentially modern nature of Indian personal laws.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|