Author: A. M. Bhattacharjee
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 174

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Book Description

Author: Flavia Agnes
Publisher: Oxford University Press
ISBN: 0199088268
Category : Law
Languages : en
Pages :

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Book Description
Family law in India has a complex legal structure where different religious communities are guided by their own personal laws, each of which historically evolved under various social, religious, political, and legal influences. In two comprehensive and lucid volumes, Flavia Agnes, a leading activist and advocate in the area, examines family law in the light of social realities, contemporary rights discourse, and the idea of justice. What is unique in these volumes is that the ground level litigation practices around women's rights are interwoven with the critical analyses of the statutory provisions. Relying extensively upon case law, Volume 1 examines: the evolution of the personal laws of Hindus, Muslims, Christians, Parsis, and Jews during the colonial and postcolonial periods; how these laws are applied in contemporary questions of marriage, divorce, property rights, and succession; and whether it is possible to bring the law in conformity with modern changes through and in both the formal, and statutory law and the pluralistic and fluid community-based practices. It also extensively examines the role of the judiciary, the political and academic debates around the issue of uniform civil code, and women's citizenship claims in a stratified and hierarchical social order.

Author: Werner Menski
Publisher: Routledge
ISBN: 1136839925
Category : Social Science
Languages : en
Pages : 454

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Book Description
This text presents an overview of the major issues and topics in current developments in Indian family law. Indian law has produced a number of very important innovations in the past two decades, which are also highly instructive for law reform debates in western and other jurisdictions. Topics discussed are: marriage, divorce, polygamy, maintenance, property and the Uniform Civil Code.

Author: Werner Menski
Publisher: Oxford University Press
ISBN: 0199088039
Category : Law
Languages : en
Pages :

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Book Description
This book presents a study on a postmodernist analysis of classical Hindu law, which has become neglected due to the modernist assumptions about the increasing irrelevance of ‘religious’ legal systems. The book is split into three parts. The first part focuses on the historical and conceptual background of Hindu law, while the second part concentrates on five facets of Hindu law that go beyond tradition and modernity, namely the Hindu marriage law, child marriage, polygamy, divorce, and the maintenance law. Finally, the third part presents a concluding analysis to the preceding chapters, where it presents the postmodern condition of Hindu law.

Author: Rama Jois
Publisher: Universal Law Publishing
ISBN: 9788175342064
Category : Constitutional history
Languages : en
Pages : 752

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Book Description

Author: Timothy Lubin
Publisher: Cambridge University Press
ISBN: 1139493582
Category : Religion
Languages : en
Pages : 321

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Book Description
Covering the earliest Sanskrit rulebooks through to the codification of 'Hindu law' in modern times, this interdisciplinary volume examines the interactions between Hinduism and the law. The authors present the major transformations to India's legal system in both the colonial and post colonial periods and their relation to recent changes in Hinduism. Thematic studies show how law and Hinduism relate and interact in areas such as ritual, logic, politics, and literature, offering a broad coverage of South Asia's contributions to religion and law at the intersection of society, politics and culture. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition, and in the process, provide a fascinating account of an often neglected social and political history.

Author: Rohit De
Publisher: Princeton University Press
ISBN: 0691210381
Category : History
Languages : en
Pages : 308

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Book Description
It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.

Author: Robert D. Baird
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 540

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Book Description
This important volume is a major contribution to the interface between religion and law in independent India. The result of a cooperative International project, this multidisciplinary volume includes essays by eminent jurists, legal scholars, historians of religions, political scientists and Sanskritists from India and abroad. This revised and updated edition has new essays on subjects such as the structure of religion and law in India; legal issues affecting the Sikh community; public endowments; and issues relating to caste and conversions.

Author: Joseph Edwin Padfield
Publisher:
ISBN:
Category : Domestic relations (Hindu law)
Languages : en
Pages : 712

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Book Description
This book is about the laws that were popular among ancient Hindu families. It starts with the ancient Hindu family and on the import of the expression Joint Hindu Family. Then it speaks about the development of the Joint Hindu family and the managing member of a Joint Hindu family. Rights of the members of a Joint family have also been given proper emphasis. Right to maintenance, disqualified members of a Joint Hindu family, alienation of Joint family property, sons's liability for father's debets, partition, property not liable to partition and presumptions in relation to Joint Hindu family are the major topics of the book. Besides, appendix and index are also available in the book.

Author: Sujit Choudhry
Publisher: Oxford University Press
ISBN: 0191058629
Category : Law
Languages : en
Pages : 1050

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Book Description
The Indian Constitution is one of the world's longest and most important political texts. Its birth, over six decades ago, signalled the arrival of the first major post-colonial constitution and the world's largest and arguably most daring democratic experiment. Apart from greater domestic focus on the Constitution and the institutional role of the Supreme Court within India's democratic framework, recent years have also witnessed enormous comparative interest in India's constitutional experiment. The Oxford Handbook of the Indian Constitution is a wide-ranging, analytical reflection on the major themes and debates that surround India's Constitution. The Handbook provides a comprehensive account of the developments and doctrinal features of India's Constitution, as well as articulating frameworks and methodological approaches through which studies of Indian constitutionalism, and constitutionalism more generally, might proceed. Its contributions range from rigorous, legal studies of provisions within the text to reflections upon historical trends and social practices. As such the Handbook is an essential reference point not merely for Indian and comparative constitutional scholars, but for students of Indian democracy more generally.