Law and Identity in Colonial South Asia


Book Description

This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.




Marriage and Matrimonial Remedies


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The Conflict of Laws in India


Book Description

Conflict of laws, or private international law, is an increasingly important subject of study due to growing movement and relocation of a large number of people from one jurisdiction to another for personal and professional reasons. Despite the existence of rules and principles, there is a general uncertainty on issues such as commercial transactions, personal law subjects, and laws relating to property. The Conflict of Laws in India not only lucidly examines the inter-territorial conflicts, but also lays a special emphasis on inter-personal disputes in the Indian context. This book is a detailed and up-to-date study of conflict of laws, and focuses on its three main areas: the law of obligations, law of property, and law of persons. The volume also evaluates the role of various international instruments and conventions, including The Hague Conventions on Private International Law in resolving international conflicts. The author provides fresh perspectives on the subject, and analyses its significance in the dynamic contemporary world. This second edition elaborates on recent developments in two areas of the subject, namely Muslim law and the law relating to guardianship.




Religious Freedom Under the Personal Law System


Book Description

The personal law system is hugely controversial and the subject of fierce debates. This book addresses a vital issue that has received inadequate attention in these debates: the impact of the personal law system on religious freedom. Drawing on scholarship on the legal reform of the personal law system, as well as philosophical literature on multiculturalism, autonomy, and religious freedom, this book persuasively argues that the personal law system harms religious freedom. Several reform proposals are considered, including modifications of the personal law system, a move towards a millet system, internal reform of individual personal laws, the introduction of a Uniform Civil Code, and a move towards religious alternative dispute resolution. This book will be of significant interest to students and scholars of law, politics, and gender studies, as well as lawyers and policymakers across jurisdictions interested in multiculturalism, particularly contemporary debates on the legal accommodation of religious and cultural norms.




Law of Marriage and Divorce


Book Description

Indepth study.




Marriage and Divorce in a Multi-Cultural Context


Book Description

American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or 'covenant marriages'? How should the state respond? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.




The Social and Legal Regulation of Domestic Violence in The Kesarwani Community


Book Description

This book examines the social and legal regulation of domestic violence (DV) within the Kesarwani business community following the enactment of the Protection of Women from Domestic Violence Act 2005. It analyses the existence of the formal law in Kolkata and the relevance of the law in the familial lives of the Kesarwani community. The book offers a new conceptualisation of examining the relationship between formal law and social life. It provides a deep insight into how living with violence becomes a way of living and how the disposition to familial violence exists with social advantage and privilege. Explaining the functioning of the formal DV framework in non-legal terms as it exists on the paper, the book shows the ways in which this one law sought to democratise the family unit and overhaul the legal process in favour of DV victims in India. Most of all it hopes to show through the Kolkata study that caste and class, social structures that regulate and define social life globally, must remain critical to discussions of the social and legal regulation of DV in Kolkata, India or anywhere in the world. The book uses ethnography as a research methodology and traverses different locations in the Kesarwani community, and outside the community in Kolkata, to examine the relevance of the formal law in the lives of Kesarwani women. While the study is in India (and in a non-western context), the theme of the study – the social and legal regulation - remains relevant to contemporary debates on the efficacy of formal law in addressing coercive control in the western world. Notably, the book makes the formal domestic violence law legible for non-legal professionals by explaining the formal legal framework of domestic violence envisaged in the PWDVA. This book will be of interest to students and scholars of law, criminal justice, sociology, anthropology, women’s studies, and political science. It will also appeal to social service providers and practitioners working in the area of domestic violence, legal regulation, social control of women, gender, caste, class and family business.




Human Rights in India


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Gender and Law


Book Description

Women constitute a large portion of the economically active population engaged in agriculture. International instruments on human rights, the environment and sustainable development reaffirm the principle of non-discrimination on the basis of sex or gender. Yet women often face gendered obstacles in realizing their rights and feeding their families. The right to an adequate standard of living, including adequate food, may thus not be fulfilled. These obstacles may stem from directly or indirectly discriminatory norms or from entrenched socio-cultural practices, or both. This study analyses the gender dimension of agriculture-related legislation in a selection of different countries around the world, examining the legal status of women in three key areas: rights to land and other natural resources; rights of women agricultural workers; and rights concerning women's agricultural self-employment activities, ranging from women's status in rural cooperatives to their access to credit, training and extension services.




The Future of Child and Family Law


Book Description

A critical and comparative analysis of the past and future imperatives shaping child and family law around the world.