This book examines the role of courts in settling religious disputes in the context of wider debates around religion and gender. By declaring the long-standing tradition of prohibiting entry of menstruating women in the Sabarimala temple unconstitutional, in the Indian Young Lawyers Association v State of Kerala (Sabarimala case), the Supreme Court of India has not only recognised the women’s right to access the temple but also ignited debates on the role of constitutional courts ...

In Why the Constitution Matters Justice D.Y. Chandrachud delves into the profound significance of the Constitution in shaping the nation’s identity and governance. This insightful book offers readers a nuanced understanding of the Constitution’s role in protecting fundamental rights, ensuring justice and maintaining the rule of law. The author brings to the forefront his experience of nearly twenty-five years as a judge, making complex constitutional principles accessible to both ...

Adopting a historical conceptual approach, this book examines the gendering of citizenship. It argues that through successive historical periods, `becoming a citizen has involved a gradual extension of the status, to more and more persons and groups, in particular, women, which resulted in a more inclusive and egalitarian structure. But, the promise of equal membership in the politcal community masks the exclusionary framework that defines citizenship as found in caste hierarchies, gender di...

Breaking new ground in scholarship, Niraja Jayal writes the first history of citizenship in the largest democracy in the world—India. Unlike the mature democracies of the west, India began as a true republic of equals with a complex architecture of citizenship rights that was sensitive to the many hierarchies of Indian society. In this provocative biography of the defining aspiration of modern India, Jayal shows how the progressive civic ideals embodied in the constitution have been challe...

In India, caste groups ensure their durability in an era of multiculturalism by officially representing caste as cultural difference or ethnicity rather than as unequal descent-based relations. Challenging dominant social theories of caste, this book addresses questions of how caste survives the system that gave rise to it and adapts to new demands of capitalism and democracy.Based on original fieldwork, the book shows how the terrain of culture captured by a new grammar of caste r...

Specters of Mother India tells the complex story of one episode that became the tipping point for an important historical transformation. The event at the center of the book is the massive international controversy that followed the 1927 publication of Mother India, an exposé written by the American journalist Katherine Mayo. Mother India provided graphic details of a variety of social ills in India, especially those related to the status of women and to the part...

The essays in Erotic Justice address the ways in which law has been implicated in contemporary debates dealing with sexuality, culture and `different' subjects - including women, sexual minorities, Muslims and the transnational migrant. Law is analyzed as a discursive terrain, where these different subjects are excluded or included in the postcolonial present on terms that are reminiscent of the colonial encounter and its treatment of difference.Bringing a postcolonial fem...

Governance and ethics are intertwined. A government functions within certain broad moral and ethical parameters, integrally linked with the sociological foundation of the polity in which it is articulated. The importance of ethics in governance has acquired a significant place in contemporary theoretical discussion.This book situates ethics in governance in India in the national frame and incorporates the context of globalization, allowing for the increasing importance of non-state...

In Sexual States Jyoti Puri tracks the efforts to decriminalize homosexuality in India to show how the regulation of sexuality is fundamentally tied to the creation and enduring existence of the state. Since 2001 activists have attempted to rewrite Section 377 of the Indian Penal Code, which in addition to outlawing homosexual behavior is often used to prosecute a range of activities and groups that are considered perverse. Having interviewed activists and NGO workers throughout f...

Dislocating Cultures takes aim at the related notions of nation, identity, and tradition to show how Western and Third World scholars have misrepresented Third World cultures and feminist agendas. Drawing attention to the political forces that have spawned, shaped, and perpetuated these misrepresentations since colonial times, Uma Narayan inspects the underlying problems which "culture" poses for the respect of difference and cross-cultural understanding.Questioning the pr...

This book critically examines the relationship between civility, citizenship and democracy. It engages with the oft-neglected idea of civility (as a Western concept) to explore the paradox of high democracy and low civility that plagues India. This concept helps analyse why democratic consolidation translates into limited justice and minimal equality, along with increased exclusion and performative violence against marginal groups in India.The volume brings together key th...

The first reader on Asian law and society scholarship, this book features reading selections from a wide range of Asian countries – East, South, Southeast and Central Asia – along with original commentaries by the three editors on the theoretical debates and research methods pertinent to the discipline. Organized by themes and topical areas, the reader enables scholars and students to break out of country-specific silos to make theoretical connections across national borders. It meets a gr...