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Full Description
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.
Contents
Foreword; Acknowledgments; Introduction; 1. Birth vs Merit: Kerala Temple Priests and the Courts; Gilles Tarabout; 2. National Gods at Court: Secularism and the Judiciary in Nepal; Chiara Letizia; 3. Plaintiff Deities: Ritual Honours as Fundamental Rights in India; Daniela Berti; 4. Celibate Gods and 'Essential Practices' Jurisprudence at Sabarimala, 1991-2011; Deepa Das Acevedo; 5. Slaves and Sons: The Court Dynamics of a Religious Dispute in South India; Ute
Hüsken; 6. The Legal Making of a 'Hindu Sect': Understanding the Tandava Case in Its Context; Raphaël Voix; 7. British Justice and the Lustful Mahant; France Bhattacharya; 8. 'This Land is Mine':
Mahants, Civil Law and Political Articulations of Hinduism in Twentieth Century North India; Malavika Kasturi; 9. Claiming Religious Rights from a Secular Power: Judgment Regarding the Rules of Succession to the Position of Shebait in a North Indian Temple; Catherine Clementin-Ojha; 10. Recent Changes in Case Law Concerning Hindu Marriage; Jean-Louis Halperin; 11. Unfair Advantage? Polygyny and Adultery in Indian Personal Law; Srimati Basu; Index; Notes on Editors and Contributors
