Postcolonial Politics and Personal Laws: Colonial Legal Legacies and the Indian State

Placing the contemporary discussion on personal laws in India in historical perspective, this important book views the debate as a critical component of Indian democracy. Balancing the imperatives of multiculturalism, national integration, and gender justice, it affirms that there is a complex continuity between the terms of the debate in the postcolonial Indian state and its colonial counterpart. The author examines how the Indian state has wielded power and formulated policies which govern various communities. She shows the extent to which its actions have been influenced by the legacy of its predecessor colonial state. Her focus is on the handling of personal law issues by the colonial administration and various governments of independent India. The book shows how the policy of ‘non-interference’ in the personal laws of religious communities has remained the touchstone for order and social justice in the colonial as well as the postcolonial period. It establishes that the policy has not been consistently applied in either. The driving force has, not surprisingly, been the priorities and interests of the state itself. Based on primary sources, Parliamentary and Constituent Assembly debates, and interviews with key contemporary political figures, this book makes a valuable contribution to the ongoing debate. It will interest scholars and students of family law, gender studies, legal history, and contemporary Indian politics, policymakers, and informed general readers.