Religion and Personal Law in Secular India: A Call to by Gerald James Larson

By Gerald James Larson

Even though a directive precept of the structure, a uniform civil code of legislations hasn't ever been written or instituted in India. for that reason, in concerns of own legislations -- the section of legislations pertaining to marriage, dowry, divorce, parentage, legitimacy, wills, and inheritance -- members of other backgrounds needs to attract their respective spiritual legislation for information or rulings. yet balancing the claims of non secular groups with these of a latest secular country has brought on a few intractable difficulties for India as a state. faith and private legislations in Secular India offers a complete check out the problems and demanding situations that India faces because it attempts to place a uniform civil code into perform. participants comprise 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 friend, Kunal M. Parker, William D. Popkin, Lloyd I. Rudolph, Susanne Hoeber Rudolph, Sylvia Vatuk, and Arvind Verma.

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He wrote a minute on education that convinced a majority of Bentinck’s council to overturn the Orientalist support for Indian learning and languages. Macaulay’s vision was to assimilate all mankind into the higher civilization of the educated Victorian. His goal was to form “a class of Susanne Hoeber Rudolph and Lloyd I. ”16 In 1835 Bentinck’s council agreed to allocate its educational funds to teaching Western learning to young Indians in the English language. Macaulay’s project of anglicized uniformity was deepened in 1857 when Sir Charles Wood’s 1854 Education Dispatch recommending inter alia the establishment of English medium universities in the three presidency cities—Bengal, Madras, and Bombay—was acted upon.

Courts are called on to determine not only whether a practice of a religion is an essential part of the religion, but also to scrutinize governmental restrictions on the practice and propagation of religion to determine whether the restrictions pass the test of public order, morality, and health. If not, they are not to be upheld. 5 The controversy with regard to the right to propagation of religion has always existed and is a particularly live issue in our country now. Does the freedom to propagate one’s religion impinge upon the freedom of another to practice his?

Duncan M. Derrett, Religion, Law and the State in India (New York: The Free Press, 1968). 2. Ratilal Panachand Gandhi v. State of Bombay: AIR 1954 SC 388. 3. Usmanbhai Hasanbhai v. State: AIR 1981 Guj. 40. 4. Bijoe Emmanuel v. State of Kerala: AIR 1987 SC 748. 5. Commissioner of Police v. Jagadiswarananda: AIR 1991 Cal. 263 (DB). 6. Section 3 of the Orissa Freedom of Religions Act, 1968. 7. Section 4 of the Orissa Freedom of Religions Act, 1968. 8. Yulitha Hyde v. State: AIR 1973 Orissa 116. 9.

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