The Indian Constitution posits a separation between a secular domain that the state regulates and a religious domain in which it should not interfere. However, defining the separation between the two has proved contentious—the state is directly involved in the administration of several religious institutions and the courts are regularly asked to decide on rights linked to religious functions and bodies. Such decisions contribute to (re)defining the religious categories and practices.

 

This volume explores how the apparently ‘technical’-legalistic action taking place in the courts of law significantly shapes the place that Hinduism occupies in Indian and Nepalese societies, perhaps even more so than the ideology of any political party. The approach developed in this volume is resolutely historical and anthropological. It considers law as part of social, religious, and political dynamics.