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Description
This book offers a comprehensive account of the laws of India relating to religion and religious freedom in general and religious affairs of the country's various faith traditions and communities in particular.
The book deals not only with the laws directly governing religion and religious affairs but also with religion-related provisions scattered over numerous general laws of the country. A glance through the contents would reveal its extensive coverage of the entire gamut of laws relevant to or having a bearing on its theme.
The book highlights the peculiar concept of secularism which India has developed over the years and under which there is complete equality of and equal respect for all the religious traditions prevailing in the country- Spelling out the various world models of religion-State relations and the international legal norms on religious rights and liberties, it demonstrates the unique nature of India's legal system in this regard and its complete adherence to the said international norms.
The first work of its kind, this book answers a pressing need of India s pluralist society and aims at promoting compliance with the citizen s Fundamental Duty under the Constitution 'to value and preserve the rich heritage of our composite culture.
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Contents
Chapter I - Introduction
1. Religiosity in the Contemporary World
A. Religious Trends
B. Religion-State Relations
2. Religious Demography of Present-Day World
A. Four Major Religions
B. Distribution of Religious Communities Worldwide
3. Varying Models of Religion-State Relations
A. First Model
B. Second Model
C. Third Model
D. Legislation on Role of Religion
4. Religion-State-Law Scenario in India
A. Historical Perspective
B. Religio-Legal Pluralism
Chapter II - Religion Under International Human Rights Law
1. Ensuring Religious Equality & Freedom
A. Universal Declaration of Human Rights 1948
B. International Covenants of 1966
C. UN Convention on Rights of the Child 1989
2. Eliminating Religious Intolerance and Discrimination
3. Protecting Identity and Rights of Religious Minorities
4. Reporting on Religious Freedom Situation Worldwide
A. UN Rapporteur on Religious Freedom
B. US Law on International Religious Freedom
Chapter III - Religion Under Constitution And Related Laws
1. The Indian Concept of Secularism
A. Declaration of Secularism
B. Proposed Amendments
2. General Constitutional Provisions on Religion
A. Equality & Non-Discrimination
B. Freedom of Religion
C. Limits of Religious Freedom
D. Relaxation of Rights
E. Fundamental Duties
F. Religious Matters under Distribution of Powers
G. No Role for Religion in Elections
H. Judicial Interpretation
3. Community-Specific Constitutional Provisions
A. Nature of Special Provisions
B. Provisions for Hindus, Buddhists, Jains & Sikhs
C. Provisions for Mainly Christian Groups
D. Religious Establishments
E. Religious Holidays and Processions
4. Religion under Laws for Scheduled Castes & Tribes
A. Scheduled Castes Order 1950
B. Conversion by a Scheduled Caste Member
C. Scheduled Tribes & OBCs
5. Majority-Minority Status of Religious Communities
A. Minorities Commissions Laws
B. Who are Religious Minorities
C. State Laws
6. Legal Prohibition of Using Religion in Elections
A. Statutory Provisions
B. Judicial Interpretation
Chapter IV - Religion Under Legislation Of General Application
1. Laws on Religious Conversion & Apostasy
A. Old Anti-Conversion Laws
B. Orissa & Madhya Pradesh Laws 1967-68
C. Arunachal Pradesh Law 1978
D. Gujarat, Rajasthan, Chhatisgarh & Himachal Pradesh Laws 2003-06
2. Laws on Religious & Communal Offences
A. Indian Penal Code 1860
B. Code of Criminal Procedure 1973
C. Armed Forces Laws 1950
D. Orissa Communal Offenders Act 1993
E. Communal Riots Bill 2005
3. Religion under Miscellaneous General Laws
A. Central Laws
B. State Laws
4. Religion-based Exemptions under General Family Laws
A. Uniform Civil Code & Personal Laws
B. General Family & Succession Laws
C. Community-specific Family & Succession Laws
5. Religious Places Construction, Use & Preservation Laws
A. Religious Places Construction Control Laws 1954-97
B. Religious Institutions (Prevention of Misuse) Act 1988
C. Places of Worship (Special Provisions) Act 1991
D. Monument Preservation Laws
6. Religious Places & Pilgrimage Management Laws
A. General Laws on Religious Endowments & Trusts
B. Bihar & Orissa Law on pilgrimage
C. Community-Specific Laws
Chapter V - Community-Specific Laws On Religious Affairs
1. Religious Demography of India
A. National & State-Level Situations
B. Population Data
2. Legal Identity of Religious Communities
A. Constitutional Terminology
B. Hindus, Buddhists, Jains & Sikhs
C. Muslims, Christians, Parsis & Jews
3. Special Laws for the Hindus
A. Characteristics & Denominations
B. Constitutional Provisions
C. Hindu Religious Beliefs & Practices
D. Hindu Shrines & Pilgrimage
E. Family Law & Succession
4. Special Laws for the Muslims
A. Characteristics & Denominations
B. Constitutional Provisions
C. Muslim Religious Beliefs & Practices
D. Muslim Shrines & Pilgrimage
E. Family Law & Succession
5. Special Laws for the Christians
A. Characteristics & Denominations
B. Constitutional Provisions
C. Christian Religious Beliefs & Practices
D. Christian Religious Places & Organizations
E. Family Law & Succession
6. Special Laws for the Sikhs
A. Characteristics & Denominations
B. Constitutional Provisions
C. Sikh Religious Beliefs & Practices
D. Sikh Religious Places
E. Family Law & Succession
7. Special Laws for the Buddhists
A. Characteristics & Denominations
B. Constitutional Provisions
C. Buddhist Religious Places
D. Family Law & Succession
8. Special Laws for the Jains
A. Characteristics & Denominations
B. Constitutional Provisions
C. Jain Religious Places
D. Family Law & Succession
9. Special Laws for Parsis & Jews
A. Parsi Zoroastrians
B. The Jews
10. Other Faith Groups
A. The Bahais
B. Tribal Indigenous Faiths
Appendices
Statutory Laws On Religion Classified Texts
Appendix I - Constitution & Related Laws
1. Constitution of India 1950 (Extracts)
2. Constitution (Scheduled Castes) Order 1950
3. Representation of the People Act 1951 (Extracts)
4. Protection of Civil Rights Act 1955
5. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989
Appendix II - Laws on Religious Conversion & Apostasy
1. Orissa Freedom of Religion Act 1967
2. Madhya Pradesh Freedom of Religion Act 1968
3. Arunachal Pradesh Freedom of Religion Act 1978
4. Gujarat Freedom of Religion Act 2003
5. Rajasthan Freedom of Religion Act 2006
6. Himachal Pradesh Freedom of Religion Act 2006
7. Caste Disabilities Removal Act 1850
Appendix III - Penal Laws on Religious Beliefs, Practices and Places
1. Indian Penal Code 1860 (Extracts)
2. Code of Criminal Procedure 1973 (Extracts)
3. Orissa Prevention of Dangerous Activities of Communal Offenders Act 1993
4. Religious Institutions (Prevention of Misuse) Act 1988
5. Places of Worship (Special Provisions) Act 1991
6. Commission of Sati (Prevention) Act 1987
7. Karnataka Devadasis (Prohibition of Dedication) Act 1982
8. Punjab Music in Muslim Shrines Act 1942
Appendix IV - General Laws on Religious Institutions & Endowments
1. Religious Endowments Act 1863
2. Religious Societies Act 1880
3. Charitable and Religious Trusts Act 1920
4. Rajasthan Religious Buildings and Places Act 1954
5. Madhya Pradesh Religious Buildings and Places Act 1968
6. West Bengal Religious Buildings and Places Act 1985
7. Punjab Religious Premises and Land (Eviction and Rent Recovery) Act 1997
Appendix V - Special Laws for Shrines & Pilgrimage
1. Bihar & Orissa Places of Pilgrimage Act 1920
2. Hindu Temples Management Laws (Extracts)
3. Jagannath, Nathdwara & Vishwanath Temples Acts 1954-83
4. Law for Tirumala Tirupathi Temple 1987
5. Jammu and Kashmir Shri Mata Vaishno Devi Shrine Act 1988
6. Bodh Gaya Temple Act 1949
7. Jain Temples Management Laws 1950-59
8. Sikh Gurdwaras Management Laws 1925-71
9. Ajmer Dargah, Wakfs & Haj Management Laws 1955-2002
10. Church of Scotland Kirk Sessions Act 1899
Subject Index
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Author Details
Professor Dr. Tahir Mahmood, Member of the Law Commission of India, has taught law for well over four decades. He has served as the Dean of the Faculty of Law at Delhi University and, in 2003, set up an Institute of Advanced Legal Studies at the Amity University.
Dr Mahmood, who was Chairman of the National Minorities Commission and Member of the National Human Rights Commission during 1996-99, later served on the Ranganath Misra Commission for Backward Classes among Minorities as its Member specializing in Constitution and Law.
Dr Mahmood has authored a large number of books many of which have been cited in numerous judgments of the Supreme Court of India and various High Courts. Well known at home and abroad for his expertise in the subject-matter of this book, he is an Advisor to Brigham Young University's International Centre for Law and Religion Studies in the United States and a Founder-Promoter of the International Consortium for Law and Religion Studies based at the University of Milan in Italy.
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