Practice of caste and the complexities of constitutional Democracy

Mahanand, Jadumani (2021) Practice of caste and the complexities of constitutional Democracy. [Book Reviews]

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On the one hand, majoritarian upper-caste discourse has dominated in democratic institutions, such as Parliament, executive and judiciary, and on the other, the idea of Hindu law resounds in everyday social lives. The dynamics of law in India are contrasting in two major ways. First, the ancient law that is known as Manu’s law (Manusmriti) comprises Hindu religious codes/rules, rituals and customs that predominate the modern constitutional law. And second, the modern law is adopted by the democratic state. The modern democratic state is a political contract and agreement among the citizens through the Constitution to secure rights, liberty, and equality as a matter of inalienable fundamental rights. Yet, in the last seven decades, despite having modern constitutional law, the lawlessness of the established Hindu social ­order sanctifies and validates the persistence of caste, atrocities against Dalits, and subjugation of women that is prescribed in Manu’s law in accordance with Hindu religion

Item Type: Book Reviews
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 17 Mar 2022 07:49
Last Modified: 03 Oct 2022 06:41
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