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Nation and FamilyPersonal Law, Cultural Pluralism, and Gendered Citizenship in India$
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Narendra Subramanian

Print publication date: 2014

Print ISBN-13: 9780804788786

Published to Stanford Scholarship Online: September 2014

DOI: 10.11126/stanford/9780804788786.001.0001

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PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in SSO for personal use.date: 11 August 2020

Indian Personal Law

Indian Personal Law

Toward a Comparative The oretical Perspective

(p.1) Chapter 1 Indian Personal Law
Nation and Family

Narendra Subramanian

Stanford University Press

This chapter illustrates the pattern of change in India's personal laws since independence, based largely on the norms and initiatives of the concerned group. It highlights the tensions between personal laws based on religious and other cultural norms, secularist principles, and the promotion of individual liberties and women's rights. The approaches of ruling elites to form the nation and recognize difference influenced the different responses of regimes to the personal laws they inherited. There were extensive modernist reforms in Turkey, Tunisia, and more recently Morocco, moderate modernist reforms in Egypt, India, and Indonesia, limited changes in Algeria, Lebanon, and Syria, and extensive changes that reduced women's rights and individual autonomy in Pakistan, Iran, Sudan, and Nigeria starting in the 1970s. The formation of the personal-law systems and the engagements of religious and nationalist mobilizers with personal law in colonial India are surveyed.

Keywords:   personal law and recognition, personal law, multiculturalism, social equality and individual rights, comparative twentieth-century personal law, overview of colonial Indian personal law, religious mobilization, Indian nationalism and legal reform

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