Religion and Personal Law in Secular India: A Call to Judgment

Though mandated by the constitution, a uniform civil code of law has never been written or instituted in India. As a result, in matters of personal law-the segment of law which concerns marriage, dowry, divorce, parentage, legitimacy, wills, and inheritance-individuals of different religious backgrounds must appeal to their respective religious laws for guidance or rulings. But balancing the claims of religious communities with those of a modern secular state has caused some intractable problems for India as a nation. Religion and Personal Law in Secular India provides a comprehensive look into the issues and challenges that India faces as it tries to put a uniform civil code into practice. Themes such as the extent and jurisdiction of civil laws, the relationship between religious law and a system of personal law, the desirability of a uniform civil code, the treatment of women and minorities under a single law, and the maintenance of religious pluralism in India, are explored in 16 thought-provoking essays. Scholars representing a wide range of disciplines, from both North America and India, provide a unique comparative perspective on complex issues of multiculturalism that characterise Indian society and identities. Readers seeking deeper understandings of Indian history and culture will find a sensitive handling of the tensions between religious law and the claims of a modern, secular state in this timely volume. Contributors include Granville Austin, Robert D. Baird, Srimati Basu, Kevin Brown, Paul Courtright, Rajeev Dhavan, Marc Galanter, Namita Goswami, Laura Dudley Jenkins, Jayanth Krishnan, Gerald James Larson, John H. Mansfield, Ruma Pal, Kunal M. Parker, William D. Popkin, Lloyd I. Rudolph, Susanne Hoeber Rudolph, Sylvia Vatuk, and Arvind Verma.