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Divorce and Democracy - A History of Personal Law in Post-Independence India (Hardcover)
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Divorce and Democracy - A History of Personal Law in Post-Independence India (Hardcover)
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This book captures the Indian state's difficult dialogue with
divorce, mediated largely through religion. By mapping the
trajectories of marriage and divorce laws of Hindu, Muslim, and
Christian communities in post-colonial India, it explores the
dynamic interplay between law, religion, family, minority rights
and gender in Indian politics. It demonstrates that the binary
frameworks of the private-public divide, individuals versus group
rights, and universal rights versus legal pluralism collapse before
the peculiarities of religious personal law. Historicizing the
legislative and judicial response to decades of public debates and
activism on the question of personal law, it suggests that the
sustained negotiations over family life within and across the legal
landscape provoked a unique and deeply contextual evolution of
both, secularism and religion in India's constitutional order.
Personal law, therefore, played a key role in defining the place of
religion and determining the content of secularism in India's
democracy.
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