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Articles of Faith: Religion, Secularism, and the Indian Supreme Court
TLDR
In the name of God: Regulating Religion in Elections as mentioned in this paper, the Supreme Court and Hinduism defined the Supreme court and defined the essential practices of a rational Hinduism, and the doctrine of essential practices was adopted by the judges.Abstract:
1. Introduction 2. .Defining Religion: The Supreme Court and Hinduism 3. The Doctrine of Essential Practices: The Judges Shape a Rational Hinduism 4. In the Name of God: Regulating Religion in Elections 5. Good Citizens: Religion and Educational Institutions 6. Boundaries of Faith: The Court and Conversion 7. Imposing legal Uniformity: The Court and Muslim Minority Rights 8. Judging Religion: A Nehruvian in Court 9. Conclusion Bibliographyread more
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Regulation of "Religion" and the "Religious": The Politics of Judicialization and Bureaucratization in India and Indonesia
Yuksel Sezgin,Mirjam Künkler +1 more
TL;DR: In this paper, the authors compare the strategies through which India and Indonesia have regulated religion and addressed questions of what constitutes "the religious" in the post-independence period, and argue that what determines the consequences of the policy toward religion is less the choice of the implementing institution (i.e., the judiciary or bureaucracy) than the mode of delegation (vertical vs. horizontal) which shapes the relationship between the policymaker and the institution implementing it.
Book
Buddhism, Politics and the Limits of Law: The Pyrrhic Constitutionalism of Sri Lanka
TL;DR: The authors argues persuasively for another possibility: when it comes to religion, relying on constitutional law may not be helpful, but harmful; constitutional practice may give way to pyrrhic constitutionalism.
Journal ArticleDOI
Regulation of “Religion” and the “Religious”: The Politics of Judicialization and Bureaucratization in India and Indonesia
Yuksel Sezgin,Mirjam Künkler +1 more
TL;DR: In this paper, the authors compare the strategies through which India and Indonesia have regulated religion and addressed questions of what constitutes "the religious" in the post-independence period, and argue that what determines the consequences of the policy toward religion is less the choice of the implementing institution (i.e., the judiciary or bureaucracy) than the mode of delegation (vertical versus horizontal) which shapes the relationship between the policymaker and the institution implementing it.
Dissertation
Troubling Suicide: Law, Medicine and Hijra Suicides in India
Abstract: Attempting suicide is a criminal offense in India, although in the recent past there have been many public and legal discussions considering decriminalizing suicide attempts. How is suicide conceptualized within criminal law? What are the knowledges that inform the complex and shifting views, claims, and legal decisions that constitute the legal regulation of suicide, in India today? Informed by Foucauldian works on governmentality and biopolitics, postcolonial studies, sociolegal scholarship, and queer theory, this dissertation attempts to answer these questions by tracing the discourses that inform the regulation of suicide in India and showing how they are put together (or kept apart) in various legal and governance networks. In addition to a systematic, original study of how suicide appears in criminal court decisions, law reform documents, and proposed laws, this dissertation also studies the framing of suicide within psychiatric and psychosocial public mental health programming. Along with studying the framing and the governance of suicide within law and medical systems, I also study a kind of suicide that exists at the edges of both medical and legal rights systems: hijra suicides. “Hijra” is a gender/sexual identity specific to the South Asian region that
Dissertation
Religious autonomy and the personal law system
TL;DR: In this article, the authors examine the Indian system of personal laws (the PLS) under which the state applies a version of religious doctrine to the family matters of citizens whom it identifies as belonging to different religious groups.