Marriage of Hindu Widows


Book Description




Hindu Widow Marriage


Book Description

Before the passage of the Hindu Widow's Re-marriage Act of 1856, Hindu tradition required a woman to live as a virtual outcast after her husband's death. Widows were expected to shave their heads, discard their jewelry, live in seclusion, and undergo regular acts of penance. Ishvarchandra Vidyasagar was the first Indian intellectual to successfully argue against these strictures. A Sanskrit scholar and passionate social reformer, Vidyasagar was a leading proponent of widow marriage in colonial India, urging his contemporaries to reject a ban that caused countless women to suffer needlessly. Vidyasagar's brilliant strategy paired a rereading of Hindu scripture with an emotional plea on behalf of the widow, resulting in an organic reimagining of Hindu law and custom. Vidyasagar made his case through the two-part publication Hindu Widow Marriage, a tour de force of logic, erudition, and humanitarian rhetoric. In this new translation, Brian A. Hatcher makes available in English for the first time the entire text of one of the most important nineteenth-century treatises on Indian social reform. An expert on Vidyasagar, Hinduism, and colonial Bengal, Hatcher enhances the original treatise with a substantial introduction describing Vidyasagar's multifaceted career, as well as the history of colonial debates on widow marriage. He innovatively interprets the significance of Hindu Widow Marriage within modern Indian intellectual history by situating the text in relation to indigenous commentarial practices. Finally, Hatcher increases the accessibility of the text by providing an overview of basic Hindu categories for first-time readers, a glossary of technical vocabulary, and an extensive bibliography.




Adjudication in Religious Family Laws


Book Description

This book argues that the shared adjudication model in which the state splits its adjudicative authority with religious groups and other societal sources in the regulation of marriage can potentially balance cultural rights and gender equality. In this model the civic and religious sources of legal authority construct, transmit and communicate heterogeneous notions of the conjugal family, gender relations and religious membership within the interstices of state and society. In so doing, they fracture the homogenized religious identities grounded in hierarchical gender relations within the conjugal family. The shared adjudication model facilitates diversity as it allows the construction of hybrid religious identities, creates fissures in ossified group boundaries and provides institutional spaces for ongoing intersocietal dialogue. This pluralized legal sphere, governed by ideologically diverse legal actors, can thus increase gender equality and individual and collective legal mobilization by women effects institutional change.




The Hindu Family and the Emergence of Modern India


Book Description

Between 1955 and 1956 the Government of India passed four Hindu Law Acts to reform and codify Hindu family law. Scholars have understood these acts as a response to growing concern about women's rights but, in a powerful re-reading of their history, this book traces the origins of the Hindu law reform project to changes in the political-economy of late colonial rule. The Hindu Family and the Emergence of Modern India considers how questions regarding family structure, property rights and gender relations contributed to the development of representative politics, and how, in solving these questions, India's secular and state power structures were consequently drawn into a complex and unique relationship with Hindu law. In this comprehensive and illuminating resource for scholars and students, Newbigin demonstrates the significance of gender and economy to the history of twentieth-century democratic government, as it emerged in India and beyond.




The International LGBT Rights Movement


Book Description

During the past four decades, the international lesbian, gay, bisexual, and transgender rights movement has made significant advances, but millions of LGBT people continue to live in fear in nations where homosexuality remains illegal. The International LGBT Rights Movement offers a comprehensive account of this global force, from its origins in the mid-nineteenth century to its crucial place in world affairs today. Belmonte examines the movement's goals, the disputes about its mission, and its rise to international importance. The International LGBT Rights Movement provides a thorough introduction to the movement's history, highlighting key figures, controversies, and organizations. With a global scope that considers both state and non-state actors, the book explores transnational movements to challenge homophobia, while also assessing the successes and failures of these efforts along the way.




Hindu Law


Book Description

This book presents a study on a postmodernist analysis of classical Hindu law, which has become neglected due to the modernist assumptions about the increasing irrelevance of ‘religious’ legal systems. The book is split into three parts. The first part focuses on the historical and conceptual background of Hindu law, while the second part concentrates on five facets of Hindu law that go beyond tradition and modernity, namely the Hindu marriage law, child marriage, polygamy, divorce, and the maintenance law. Finally, the third part presents a concluding analysis to the preceding chapters, where it presents the postmodern condition of Hindu law.







Studies in Hindu Law and Dharmaśāstra


Book Description

The main sources for an understanding of classical Hindu law are the Sanskrit treatises on religious and legal duties, known as the Dharmaśāstras. In this collection of his major studies in the field, Ludo Rocher presents essays on a wide range of topics, from general themes such as the nature of Hindu law to technical matters including word studies and text criticism. Rocher’s deep engagement with the language and worldview of the authors in the Dharmaśāstra tradition yields distinctive and corrective contributions to the field. This collection serves as an invaluable introduction to a leading authority in the field of Indology.




Routledge Handbook of Religious Laws


Book Description

Much has been written on specific religious legal systems, yet substantial comparative studies that strive to compare systems, identifying their analogies and differences, have been relatively few. This absence undermines the capacity to understand religions and becomes particularly serious when the faithful of these religions live together in the same geographical space, as happens today with increasing frequency. Both interreligious dialogue and dialogue between States and religions presuppose a set of data and information that only comparative research can provide. This book seeks to address this gap in the literature by presenting a comparative analysis of Christian, Jewish, Islamic and Hindu laws and traditions. Divided into five parts, the first part of the book offers the historical background for the legal analysis that is developed in the subsequent parts. Part II deals with the sources of law in the four religions under discussion. Part III addresses the dynamics of belonging and status, and Part IV looks at issues relating to the conclusion of marriage and its dissolution. The fifth and final part discusses how each religion views the legal other. Each part concludes with exploring what we can learn from a comparative examination of the topic that is dealt with in that part. Written by leading experts in the field, this book presents a clear and comprehensive picture of key religious legal systems along with a substantial bibliography. It provides a state of the art overview of scholarship in this area accompanied by a critical evaluation. As such, it will be an invaluable resource for all those concerned with religious legal systems, multiculturalism and comparative law.