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Filing Religion: State, Hinduism, and Courts of Law

Daniela Berti, Gilles Tarabout, and Raphaël Voix (eds)

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199463794
eISBN:
9780199086849
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199463794.001.0001
Subject:
Law, Constitutional and Administrative Law

The Indian Constitution posits a separation between a secular domain that the state regulates and a religious domain in which it should not interfere. However, defining the separation between the two ... More


Conclusion

Ronojoy Sen

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

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198063803
eISBN:
9780199080168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198063803.003.0008
Subject:
Law, Constitutional and Administrative Law

If the overall direction of India's court decisions on religion were to be assessed from 1951 to the present, some patterns are discernible. This has something to do with the personality of dominant ... More


The Making of the Nepali Nation

Mara Malagodi

in Constitutional Nationalism and Legal Exclusion: Equality, Identity Politics, and Democracy in Nepal (1990-2007)

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198082910
eISBN:
9780199082179
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198082910.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines the dynamics of the political transformations that occurred in Nepal until 1990 to elucidate the institutionalization of the nation in ethno-cultural terms in the 1990 ... More


Nepal between Continuity and Change

Mara Malagodi

in Constitutional Nationalism and Legal Exclusion: Equality, Identity Politics, and Democracy in Nepal (1990-2007)

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198082910
eISBN:
9780199082179
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198082910.003.0008
Subject:
Law, Constitutional and Administrative Law

Using a historical institutionalist approach, this book has investigated the institutionalization of Nepal in ethno-cultural terms in the 1990 Constitution as well as the impact of the constitutional ... More


Defining Religion: The Supreme Court and Hinduism

Ronojoy Sen

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

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198063803
eISBN:
9780199080168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198063803.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter examines how India's Supreme Court has attempted to define Hinduism and the consequences of these attempts. The Court's keenness to define religion, especially Hinduism, can be seen as ... More


The Doctrine of Essential Practices: The Judges Shape a Rational Hinduism

Ronojoy Sen

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

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198063803
eISBN:
9780199080168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198063803.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter explores how India's Supreme Court has attempted to define religion with respect to the constitution; and second, how the judiciary has drawn a distinction between the sacred and the ... More


Boundaries of Faith: The Court and Conversion

Ronojoy Sen

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

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198063803
eISBN:
9780199080168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198063803.003.0005
Subject:
Law, Constitutional and Administrative Law

The issue of religious conversion remains contentious in independent India and has frequently come up before the courts. There is an urgency to this question as it figures prominently in the ... More


Judging Religion: A Nehruvian in Court

Ronojoy Sen

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

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198063803
eISBN:
9780199080168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198063803.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on a former Chief Justice of India, Prahlad Balacharya Gajendragadkar, who authored several leading judgments on religion, including the Satsangi case. However, there are a few ... More


National Gods at Court: Secularism and the Judiciary in Nepal

Chiara Letizia

in Filing Religion: State, Hinduism, and Courts of Law

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199463794
eISBN:
9780199086849
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199463794.003.0002
Subject:
Law, Constitutional and Administrative Law

Based on the acknowledgment that the notion of secularism in Nepal is multivocal and is still taking shape, this chapter examines the judiciary’s contribution to defining it. Two Public Interest ... More


Celibate Gods and ‘Essential Practices’ Jurisprudence at Sabarimala, 1991–2011

Deepa Das Acevedo

in Filing Religion: State, Hinduism, and Courts of Law

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199463794
eISBN:
9780199086849
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199463794.003.0004
Subject:
Law, Constitutional and Administrative Law

In 2006, controversy erupted over a possible breach of ritual practice at the prominent Ayyappan temple in Sabarimala, Kerala, when a woman claimed to have entered the all-male space. For the next ... More


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