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Freedom of Religion

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Family Law

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Full-Text Articles in Law

Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer Sep 2019

Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer

James G. Dwyer

The scope, weight, and assignment of parental rights have been the focus of much debate among legal commentators. These commentators generally have assumed that parents should have some rights in connection with the raising of their children. Rarely have commentators offered justifications for attributing rights to persons as parents, and when they have done so they have failed to subject those justifications to close scrutiny. This Article takes the novel approach of challenging parental rights in their entirety. The author explores the fundamental questions of what it means to say that individuals have rights as parents, and whether it is …


Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer Sep 2019

Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer

James G. Dwyer

No abstract provided.


Muslim Personal Laws Vis-S-Vis Uniform Civil Code: Prospects And Constraints, Sukdeo Ingale, Priyanka Gawai Jan 2014

Muslim Personal Laws Vis-S-Vis Uniform Civil Code: Prospects And Constraints, Sukdeo Ingale, Priyanka Gawai

Sukdeo Ingale

This paper addresses the tousle between Muslim personal laws and Uniform Civil Code. India is a multi-religious ‘secular’ country, where every religion is divided in different sects and denominations having their different (and sometime contradicting) customs and traditions. The personal laws based on such customs and traditions having ‘utmost religious content’ govern various matters including marriage, divorce, succession, inheritance, adoption, maintenance, guardianship, etc. This created difficulties in distribution of justice. To answer this issue, ‘the idea of Uniform Civil Code’ was first mooted in the Constituent Assembly in 1947. Uniform Civil Code, only three words have divided the nation into …