Freedom from community
Individual rights, group life, state authority and religious freedom under the Indian Constitution
Bibliographic Data
| ID | 13008993 |
|---|---|
| Authors | Gautam Bhatia (0000-0001-5937-4224, West Bengal National University of Juridical Sciences, corresponding author) |
| Year | 2016 |
| Volume | 5 |
| Issue | 3 |
| Pages | 351-382 |
| Publication date | 2016-11-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Global Constitutionalism (JOURNAL) |
| Journal identifiers | ISSN: 2045-3817 • E-ISSN: 2045-3825 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s2045381716000228 |
| OpenAlex | W3124320542 |
| Language | EN |
| Citations received | 3 |
| References cited | 32 |
The religious freedom clauses of the Indian Constitution attempt to mediate between the competing claims of individuals, religious groups and the state, in a manner that is born out of specific historical circumstances. This article examines the controversial questions of whether, and to what extent, the Constitution grants individuals (specifically, dissenters) rights against the religious communities to which they belong. Taking as its point of departure a landmark Supreme Court judgment that struck down an anti-excommunication law, the article argues that the Indian Constitution is committed to an ‘anti-exclusion principle’: that is, group rights and group integrity are guaranteed to the extent – and only to the extent – that religious groups do not block individuals’ access to the basic public goods required to sustain a dignified life. Moreover – and unlike most other Constitutions – an individual may vindicate this right directly against her community in a court of law, by invoking the Constitution. This remedy is justified both philosophically, and in the specific context of Indian history. In this manner, Indian constitutionalism offers a novel and innovative solution to the perennial problem of balancing individual rights to religious freedom against the claims of community
Constitution · Constitution of India · Constitutionalism · Context (archaeology · Democracy · Freedom of Religion · Fundamental rights · Human rights · Political science · Politics · Sociology · State (computer science · Supreme court · American Constitutional Law and Politics · History · Law · Religion and Society Interactions · Vietnamese History and Culture Studies
The Creation of the American Republic, 1776-1787
Juridification of Social Spheres
Specters of Mother India
Identity in Democracy
A Theory of Discrimination Law
The Aga Khan Case
Multiculturalism
Situating the Self
Multicultural Citizenship
The Creation of the American Republic, 1776-1787
A neo-Weberian approach to religion in international politics
Personal Autonomy and the Option of Religious Law
The Politics of Secularism and the Recovery of Religious Tolerance
Why Courts Should not Sanction Unfair Discrimination in the Private Sphere
Seek Justice Elsewhere
Hinduism, Secularism, and the Indian Judiciary
Discrimination, Equality and Social Inclusion
Religious Freedom under the Personal Law System
Something like rights? Faith, law and widow immolation debates in colonial Bengal
Spheres of Justice
Caste Question
The Rights of Minority Cultures
Are there any Cultural Rights
The Wheel of Law
Should Religious Associations be Allowed to Discriminate
Religious Freedom in India
Secularism in Its Place
A Prehistory of Rights
Colonialism, Nationalism, and Colonialized Women
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,43 |
| Citation span | 2019 - 2024 (6) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |