Redefining Family Law In India

Author : Archana Parashar
Publisher : Taylor & Francis
ISBN 13 : 1000083918
Total Pages : 349 pages
Book Rating : 4.10/5 ( download)

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Download or read book Redefining Family Law in India written by Archana Parashar and published by Taylor & Francis. This book was released on 2020-11-29 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a collection of articles by scholars across disciplines to create a discourse of family law independent of Religious Personal Law, whilst striving for fairness and justice to all. It demonstrates the artificiality of the public–private divide and seeks the systematic development of ideas for a fair and just family law in contemporary India. The book does not merely document the pathologies of power within the family but also makes proposals for remedying these inequities. It is not confined to considering what changes need to be inducted into existing family law to make it more just, but also strategises on the means and methods of effecting the change. It lifts the familial veil and scrutinises the status, rights and disabilities of some of the subordinated members of the family. The volume is an invitation to redefine family law with the twin tools of reflection and responsibility. It will interest those in law judges, legislators, law reformers as well as those in women and family studies, policy makers and policy analysts, apart from the general reader.

Author :
Publisher :
ISBN 13 :
Total Pages : 374 pages
Book Rating : 4.12/5 ( download)

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Download or read book Redefining Family Law in India written by and published by . This book was released on 2008 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Archana Parashar
Publisher : SAGE Publications Pvt. Limited
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.70/5 ( download)

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Download or read book Women and Family Law Reform in India written by Archana Parashar and published by SAGE Publications Pvt. Limited. This book was released on 1992-08-07 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution of India guarantees equality as a fundamental right. This, however, remains only at the level of theory as the various religious personal laws in force in the country and followed by different communities deny equality to women in personal matters. This inequitous contradiction is the subject of this pioneering study. Dr. Parashar argues that the concept of religious personal law was created by colonial administrators and has been maintained by independent India since, in a religiously plural society, it helps the State’s end of governance. The author traces the legislative conduct of the State and demonstrates that it has adopted discrepant policies with respect to the different religious personal laws. While Hindu personal law has been extensively reformed, the other personal laws have been left largely untouched. As a result, Hindu women have gained new rights, though not complete equality, while women of the minority communities continue to suffer inequalities. The author critically examines the arguments used by the State to reform, or refrain from reforming, religious personal laws. This analysis establishes conclusively that the State has acted in an inconsistent manner, and that its decisions are not governed by considerations of equality and gender justice but primarily by political factors. The author concludes that the only way to sever the connection between religious and civil rights is to adopt a secular and uniform civil code which should be non-optional. Dr. Parashar also highlights the inadequacies of the various feminist analyses of the nature of law and suggests that any discussion of the nature of the State must incorporate the significance of religion as a political factor. This major study will interest lawyers, legal activists, feminists and all those fighting to end gender discrimination.

Author : Werner Menski
Publisher : Routledge
ISBN 13 : 1136839925
Total Pages : 454 pages
Book Rating : 4.24/5 ( download)

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Download or read book Modern Indian Family Law written by Werner Menski and published by Routledge. This book was released on 2013-12-16 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text presents an overview of the major issues and topics in current developments in Indian family law. Indian law has produced a number of very important innovations in the past two decades, which are also highly instructive for law reform debates in western and other jurisdictions. Topics discussed are: marriage, divorce, polygamy, maintenance, property and the Uniform Civil Code.

Author : Flavia Agnes
Publisher : Oxford University Press
ISBN 13 : 0199088489
Total Pages : pages
Book Rating : 4.85/5 ( download)

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Download or read book Family Law written by Flavia Agnes and published by Oxford University Press. This book was released on 2011-02-17 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Family law in India has a complex legal structure where different religious communities are guided by their own personal laws, each of which historically evolved under various social, religious, political, and legal influences. In two comprehensive and lucid volumes, Flavia Agnes, a leading activist and advocate in the area, examines family law in the light of social realities, contemporary rights discourse, and the idea of justice. What is unique in these volumes is that the ground level litigation practices around women's rights are interwoven with the critical analyses of the statutory provisions. Relying extensively upon case law, Volume 2 examines: the litigation around the validity of marriage and procedures for dissolving it, the contemporary debates around issues such as child marriages, NRI marriages, and registration of marriages the framework of law on the issues of maintenance, matrimonial residence, and custody and guardianship of children, and whether considering the procedural aspects of matrimonial law, and the increased powers of the family courts, gender justice concerns are being adequately addressed. The volume also emphasizes that it is necessary and possible for the law to fairly reflect individual and social contingencies at the ground level.

Author : Flavia Agnes
Publisher : Oxford University Press
ISBN 13 : 0199088268
Total Pages : pages
Book Rating : 4.63/5 ( download)

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Download or read book Family Law written by Flavia Agnes and published by Oxford University Press. This book was released on 2011-01-05 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Family law in India has a complex legal structure where different religious communities are guided by their own personal laws, each of which historically evolved under various social, religious, political, and legal influences. In two comprehensive and lucid volumes, Flavia Agnes, a leading activist and advocate in the area, examines family law in the light of social realities, contemporary rights discourse, and the idea of justice. What is unique in these volumes is that the ground level litigation practices around women's rights are interwoven with the critical analyses of the statutory provisions. Relying extensively upon case law, Volume 1 examines: the evolution of the personal laws of Hindus, Muslims, Christians, Parsis, and Jews during the colonial and postcolonial periods; how these laws are applied in contemporary questions of marriage, divorce, property rights, and succession; and whether it is possible to bring the law in conformity with modern changes through and in both the formal, and statutory law and the pluralistic and fluid community-based practices. It also extensively examines the role of the judiciary, the political and academic debates around the issue of uniform civil code, and women's citizenship claims in a stratified and hierarchical social order.

Author : K. Kusum
Publisher : Universal Law Publishing
ISBN 13 : 9788175348929
Total Pages : 332 pages
Book Rating : 4.25/5 ( download)

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Download or read book Cases and materials on family law written by K. Kusum and published by Universal Law Publishing. This book was released on 2010 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : B S Chimini
Publisher : BRILL
ISBN 13 : 9004433805
Total Pages : 377 pages
Book Rating : 4.09/5 ( download)

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Download or read book Asian Yearbook of International Law, Volume 14 (2008) written by B S Chimini and published by BRILL. This book was released on 2010-10-06 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Rinaldo Cristofori
Publisher : Routledge
ISBN 13 : 135190499X
Total Pages : 578 pages
Book Rating : 4.95/5 ( download)

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Download or read book Religion in the Public Space written by Rinaldo Cristofori and published by Routledge. This book was released on 2016-12-05 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion in the public sphere is one of the most debated issues in the field of law and religion. This volume brings together articles which address some of the more prominent recent cases relating to religion and education, religion and the workplace, family law and religious symbols. The essays discuss the meaning of secularism today and the difficult issue of religion in the public sphere and reflect a wide variety of viewpoints. This volume maps the key elements of this multi-faceted problem, offers essential material and provides an important starting point for an understanding of the issues in this century old debate.

Author : Prakash Shah
Publisher : Routledge
ISBN 13 : 1317136489
Total Pages : 260 pages
Book Rating : 4.84/5 ( download)

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Download or read book Family, Religion and Law written by Prakash Shah and published by Routledge. This book was released on 2016-04-15 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.