Law and Identity in Colonial South Asia

Law and Identity in Colonial South Asia

Author: Mitra Sharafi

Publisher: Cambridge University Press

Published: 2014-04-21

Total Pages: 369

ISBN-13: 1139868063

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This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seem to have done so earlier or in more pronounced ways than the Parsis.


Slandering the Sacred

Slandering the Sacred

Author: J. Barton Scott

Publisher: University of Chicago Press

Published: 2023-04-05

Total Pages: 301

ISBN-13: 022682490X

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"Although blasphemy is as old as religion itself, its history has begun a new chapter in recent years. Slanders of the sacred are everywhere, as in the highly visible Charlie Hebdo case, with "religion" sometimes appearing as little more than a membrane for giving and receiving offense. Where some explain the contemporary preoccupation with blasphemy by pointing to the interconnectedness of twenty-first-century media, J. Barton Scott argues that we need to look deeper into the past at the colonial-era infrastructures that continue to shape our globalized world. Slandering the Sacred examines one such powerful and widely influential legal infrastructure: Section 295A of the Indian Penal Code. What would it look like to take Section 295A as a text in, of, and for religion-a connective tissue interlinking multiple religious worlds? To answer this question, Scott explores the cultural, intellectual, and legal pre-history of this law, moving between colonial India and imperial Britain as well as between secular law and modern religion. Section 295A reveals a set of problems with no easy solution. It places a chill on free speech, extends the power of the state over civil society, and exacerbates the culture of religious controversy that it was designed to fix. The legislators who enacted the law foresaw the damage it could do and they enacted it anyway, as a half-despairing measure to curb injurious speech. Their problems are still our problems. The twenty-first century has compounded modernity's free-speech headache. Section 295A opens a useful window onto these problems precisely because it is a problem, too. Its history is a tale about the afterlives of the holy dead, the legal definition of the anglophone category "religion," and the transmissibility of outrage as bureaucratized affect"--


Catalogue

Catalogue

Author: Calcutta (India). Imperial library

Publisher:

Published: 1904

Total Pages: 384

ISBN-13:

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