First edition. - Oxford, United Kingdom ; New York, NY, United States of America : Oxford University Press, 2023.
Book — xxi, 200 pages : illustrations ; 23 cm
Law and space and place : an introduction
Frontiers of law
Games of jurisdictions
Colonial governance and customary authority
"Tribes and trees" and "economical geology" : narrating space and people
Narratives of continuity
"The book is a study of the travels of colonial law into the North-East frontier of the British Empire in India. Focusing on the nineteenth century, it examines the relationship of law and space, and indigenous place-making. Inhabitants of the frontier hills examined in this book were not defined as British subjects, yet they were incorporated within the colonial legal framework. The work examines the nature of this legal limbo that produced both the hills and their inhabitants as interruptions but equally as integral to the imperial project. Through a study of place-making by indigenous inhabitants of the frontier, it further demonstrates the heterogeneous narratives of self and belonging found in sites of orality and kinship that shape the hills in the present day"-- Provided by publisher.
Abingdon, Oxon ; New York, NY : Routledge, Taylor & Francis Group, 2023.
Book — xi, 184 pages ; 25 cm
Censorship of publications in Colonial India : the genesis of a legal idea
Freedom of expression and religious vilifications : decoding the constitutional and legal definition of 'limits'
Preventing religious offense : law, courts and freedom of expression
Law and legal process as hurdles
Non-state actors as censor : the legal position
"This book analyses the role of laws and judiciary in the process of censorship in India. It examines the rationales and observations produced by the judiciary when demands for censorship are directed against publications that allegedly offend religious sentiments. Focusing on a micro level analysis of censorship of publications, it presents a hard case to understand the limitations of freedom of expression and the role played by judiciary in defining its boundaries. The volume traces the evolution of laws governing freedom of expression since colonial period and the context in which these laws were amended after independence. It also explicates how the legal process-the structural and functional aspects of working of judiciary-affects the fate of freedom of expression in India. Employing comparative legal analysis, it tries to understand and situate the Indian case within the larger discourse of censorship and freedom of expression around the world, thereby marking its similarities and differences. In unravelling the politics of censorship, the author also examines the interaction among different stakeholders like government, non-state actors and the judiciary. A tract for our times, this book will be of great interest to scholars and researchers of law, especially constitutional law and fundamental rights, politics, especially political theory and Indian politics, modern India, and South Asian studies"-- Provided by publisher.
"This chapter deals with two conceptually distinct, yet related legal issues concerning widows. The first of these is widow remarriage; the second is niyoga, which is the Sanskrit term for the specific version of levirate practiced in classical India. The reason that these two issues jointly comprise the focus of a single chapter of this book is that, despite the effort of the Hindu legal tradition to dissociate them, they are closely related. The reason that these two issues comprise the focus of the first chapter is that niyoga in particular is the first widow-related issue to become the subject of debate within Dharmaśāstra and, thus, the first such issue where one can see a major shift in Brahmanical opinion over time, specifically a shift from general acceptance to universal rejection. By contrast, the Dharmaśāstra tradition widely opposed the practice of widow remarriage from its inception and support for widow remarriage always constituted a minority position"-- Provided by publisher.
Abingdon, Oxon ; New York, NY : Routledge, Taylor & Francis Group, 2023.
Book — xvi, 203 pages : illustrations ; 25 cm
The legal history of reservation for SC/STs, OBCs
Reservation for EWS and upper-castes in India : the legislative and executive developments
The political context and creamy layer
The judicial treatment
Substantive equality and affirmative action
Demarcating protected groups
Socio-economic disadvantages in discrimination
"This book examines the controversial 103rd Constitutional Amendment to the Indian Constitution that introduced an income and asset ownership-based new constitutional standard for determining backwardness marking a significant shift in the government's social and public policy. It also analyses state level policies towards backwardness recognition of upper-caste dominant groups through case studies of Maharashtra, Haryana, and Gujarat. It provides an analytical and descriptive account of the proliferation of reservation policy in India and critiques these interventions to assess their implication on constitutional jurisprudence. Further, it assesses the theoretical and empirical challenges such developments pose to the principle of substantive equality and scope of affirmative action policies in Indian constitutional law and general discrimination law theory. The monograph shows how opening up of reservations for dominant upper-caste groups and general category will have implications for the constitutional commitment to addressing deeply entrenched marginalisation emanating from the traditional social hierarchy and the understanding of substantive equality in Indian Constitutional law. Further, it highlights key contradictions, incoherence, and internal tension in the design of the reservations for Economically Weaker Sections Critical, comprehensive, and cogently argued, this book will contribute and shape ongoing constitutional policy and judicial debates. It will be of great interest to scholars and researchers of law, Indian politics, affirmative action, social policy, and public policy"-- Provided by publisher.
Eighth edition - Gurgaon, Haryana, India : LexisNexis, 2022.
Book — lxvi, 948 pages ; 24 cm
"Outlines of Indian Legal & Constitutional History is a classic text authored by Professor MP Jain, one of the founders of the modern Indian legal education and research. For many years, Professor M P Jain’s books and other writings on Indian legal history have been prescribed texts for students of law. The present (eighth) edition of this book has been written in narrative form and in an accessible style. Indian legal history stretches back at least 5000 years from what has thus far been studied, comprising the Hindu and the Muslim periods, and then the British, each of these early periods having had a distinctive legal system of its own. However, many of the legal institutions in the present day have originated and evolved during the British period, starting in the year 1600 and reformed in modern days. This book contains a concise, coordinated, integrated and coherent account of the important phases of the development and reforms of legal institutions in India• A concise yet comprehensive account of Indian legal history" -- Provided by publisher.