Legalizing religion : the Indian Supreme Court and secularism

dc.contributor.author Sen, Ronojoy en_US
dc.date.accessioned 2008-11-19T18:33:57Z
dc.date.available 2008-11-19T18:33:57Z
dc.date.issued 2007 en_US
dc.description For more about the East-West Center, see <a href="http://www.eastwestcenter.org/">http://www.eastwestcenter.org/</a> en_US
dc.description.abstract This study addresses constitutional secularism in India by examining how the Supreme Court of India has defined and demarcated religion, religious practice, religious organizations, and religious freedom. The Court not only plays an important adjudicatory role in a host of areas related to religious freedom and the intervention of the state in religious institutions and practice, but also actively intervenes in and shapes public discourse. One of the reasons the judiciary can play this role is the legitimacy it enjoys in public perception. Based on an analysis of Supreme Court rulings, this monograph argues that the Indian state has pushed its reformist agenda at the expense of religious freedom and neutrality. There are two broad claims made: First, through its rulings the Supreme Court consistently has sought to homogenize and rationalize religion and religious practices, particularly of Hinduism. Second, although the impetus for the Court's decisions has its origins in a liberal-democratic conception of secularism and the nation-state, there is a significant overlap between the judicial discourse and the evolution of Hindu nationalism. This development has significantly narrowed the space for religious freedom and strengthened the hand of Hindu nationalists, whose ideology is based on a monolithic conception of Hinduism and intolerance of minorities. en_US
dc.format.extent ix, 64 pages en_US
dc.identifier.uri http://hdl.handle.net/10125/3499
dc.language.iso en-US en_US
dc.publisher Washington, D.C.: East-West Center Washington en_US
dc.relation.ispartofseries East-West Center (Washington, D.C.). Policy studies ; 30 en_US
dc.subject.lcsh India. - Supreme Court en_US
dc.subject.lcsh Secularism - India en_US
dc.subject.lcsh Freedom of speech - India en_US
dc.subject.lcsh Hinduism and state - India en_US
dc.subject.lcsh Hinduism and politics - India en_US
dc.subject.lcsh Religion and politics - India en_US
dc.title Legalizing religion : the Indian Supreme Court and secularism en_US
dc.type.dcmi Text en_US
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