ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles by Zubair Ahmad BaderSubscribe to Zubair Ahmad Bader

Beyond Personal Laws

Successive governments have sided with the minority conservative opinion, which on important occasions has reframed and reconstituted the identity of the community only as a religious minority. This top-down construction of identity has had an important connotation in reference to the identity structure of Indian Muslims, as religious identity continued to occupy a place of priority and as a result came to be asserted more often. Insofar as Muslims continue to manifest personal laws as an indispensable part of their socio-religious identity and as a part of their right to live as a religious minority, an abrupt transition from personal laws to the Uniform Civil Code, politically, remains inexpedient.

Muslims, Affirmative Action and Secularism

Religion-based preferential treatment in the services of the state is generally argued to be in contradiction with secularism. As a result, the Indian state has relied on a non-preference, non-discrimination framework to address the issues of backwardness and under-representation of Muslims. This article attempts to partially reconcile the contradiction between religion-based preferential treatment and secularism, and it is argued that the determination of welfare policies for religious minorities, particularly Muslims within the non-preference, non-determination framework, either has to be justified in the public philosophy of the state or social justice has to be given a relative preference to secularism, especially when the policies formulated within the non-preference, non-discrimination framework have not proven to be effective in targeting the relative backwardness of Muslims.
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