Author: Brenda Cossman
Ratna Kapur/
Publisher: Oxford University Press
Year: 1999
Language: English
Pages: 186
ISBN/UPC (if available): 0195648137
Description
This book explores the contest over the meaning of Hindutva and secularism in the legal arena.
What is secularism and why is it so contested in India today? What kind of challenge does the Hindu Right present to India's secular tradition? And what does law have to do with it? This work sets out to examine these, and other enigmatic questions of the state of secularism in contemporary India.
It focuses on the landmark Hindutva cases, in which the Supreme Court of India vindicated he Hindu Right's deeply unsecular version of secularism. The authors argue that the Court erred in the conclusion that Hindutva simply represents ' a way of life in the subcontinent', and that the decision represents a low watermark in the judicial protection of secularism and the rights of religious minorities.
The book argues that the nationalist project of the Hindu Right presents a formidable challenge to India's constitutional democracy - particularly to the rights of minorities to live their life and practice their religions.
Finally, the authors examine the crisis of secularism in India, and argue for a revitalized and democratic vision of secularism that can better promote toleration.
THE AUTHORS:
Brenda Cosman is Associate Professor, Faculty of Law, University of Toronto, Ontario.
Ratna Kapur is Director, Centre for Feminist Legal Research, New Delhi, India
Contents
Preface
Introduction
CHAPTER I
The Hindu Right
CHAPTER II
The Supreme Court Hindutva Judgments
CHAPTER III
Vindicating Hindutva
'A Way of Life' Without Precedent
Hindutva and the Hindu Right
CHAPTER IV
Vindicating 'Pseudo-secularism'
Simply Secular?
Contesting Secularisms
In the Name of Secularism
CHAPTER V
Secularism in Crisis
Equality
Freedom of Religion
Toleration
CHAPTER VI
Conclusion
Appendix
Dr Prabhoo V. Kunte & Others
Bibliography