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Humboldt-Universität zu Berlin - Kultur-, Sozial- und Bildungswissenschaftliche Fakultät - Institut für Asien- und Afrikawissenschaften

Workshops

HIP brings together Berlin’s academic
competence on South Asia

Feb 05, 2016
Department of South Asian Studies
Institute of Asian and African Studies
Invalidenstr. 118, Room 217 (2nd Floor)
2:00 pm (sharp)

 

17th HIP Workshop
South Asia's Legal Landscapes
Legislation, Litigation and Social Realities

 

 

2:00-4:30 pm
Maxim Bönnemann, Law Faculty Humboldt University Berlin:
Legal Enclaves: India’s Special Economic Zones


Thomas Krutak, Religionswiss. Institut, University of Leipzig:
To Ensure a Proper Religious Conversion? Juridical Aspects, Historical
Background and Social Impacts of the Conversion Legislation in India


Julia Holländer, Deptt. of Asian Studies, L.-M.-Universität München:
Two Steps Forward, one Step Back?
Recent Legal Reforms on Sexual Assault in India.

 

4:30-5:00 pm
Coffee/Tea Break


5:00-6:40 pm
Tanja Herklotz, Law Faculty, Humboldt University Berlin:
"Dead Letters": Two Perspectives on the Uniform Civil Code for India

 

Sarah Holz, BGMCS, Freie Universität, Berlin:
Constructing an Islamic Republic through Law and Justice Mechanisms

 

6:40 onwards Drinks and Snacks

 

 

 

17th HIP Workshop, 5th February 2016, IAAW, Humboldt-Universität zu Berlin

South Asia's Legal Landscapes: Legislation, Litigation and Social Realities

Organisers:

Südasienstudien, IAAW in collaboration with Öffentliches Recht und Rechtsvergleichung, Juristische Fakultät

Abstracts

 

Maxim Bönnemann

Legal Enclaves: India’s Special Economic Zones

This PhD project tackles the law and governance of India’s Special Economic Zones (SEZ). It argues that SEZ represent an idea of “modern” law which is opposed to forms of “defective” law. By this means, Economic Zones can be understood as a tool to incorporate islands of modernity into countries of the Global South. Law plays a crucial role in this enterprise: Economic Zones either suspend or redesign certain areas of the law. The sole yardstick of these legal enclaves is the interest of a central figure of colonial and post-colonial global capitalism: the private investor.

Maxim Bönnemann (HU) is a researcher at Humboldt University Berlin. He is associated to the chair for public and comparative law and has been a visiting scholar at National Law University Delhi (NLUD) in spring 2015.

 

Thomas Krutak

To Ensure a Proper Religious Conversion? Juridical Aspects, Historical Background and Social Impacts of the Conversion Legislation in India

In December 2014 a case of forced conversion in Agra came into the limelight of Indian national politics and caused an uproar in the Indian Parliament. Subsequently, several Union ministers demanded a law for all of India which would restrict conversion but was bluntly rejected by the opposition parties. Indeed, conversion has long been a hotly disputed topic in India, though, in the 21st century several new laws have been introduced in some Indian states. In my talk I will explain why it is assumed that conversion legislation serves to check religious minorities and especially Christians. For that I will discuss some characteristics of the Freedom of Religion Acts within the wider legal framework and then give a brief glimpse of its historical background. This will serve to deepen an understanding of how these laws effect the people involved in conversion and how they deal with it by navigating through the politics of belonging.

Thomas Krutak is a research assistant of the Religionswissenschaftliches Institut at the University of Leipzig. He studied philosophy, political science, cultural studies and religious studies. His PhD thesis is focused on the impact of the Freedom of Religion Acts on the Christian Community in East Central India.

 

Julia Holländer

Two Steps Forward, one Step Back? Recent Legal Reforms on Sexual Assault in India.

The rape case of Jyoti Singh gained sensational international attention in 2012/2013 and stirred up the public debate once more through the release of the documentary “India’s Daughter” in March 2015. While the report of the Justice Verma Committee made progressive recommendations, the legal changes adopted tarnished the promising advancement of legal protection from sexual violence. Through comparison of some of the recommendations of the Justice Verma Committee and the respective amended provisions of the Indian Penal Code, I will analyze how legal change is lagging behind to realize the requests made by civil society and women’s organizations at large.

Julia Hollaender is a research associate at the Department of Asian Studies, Ludwig-Maximilians-Universität München. She studied South Asian Area Studies and Law with a focus on Women’s Rights in India. Julia has working experience in international NGOs in the areas of sustainable development, women’s empowerment and climate change. Her research interests include gender and law in South Asia, Human Rights Law, personal and religious laws, politics of development and Hindi.

 

Tanja Herklotz

"Dead Letters": Two Perspectives on the Uniform Civil Code for India

The area of Indian family law is governed by a system of legal pluralism (usually referred to as “Personal Law System”) according to which the different religious groups (Hindus, Muslims, Christians and Parsis) are each governed by their respective provisions. Article 44 of the Indian Constitution, a non-justiciable directive principle of state policy, urges the State to introduce a Uniform Civil Code (UCC) in order to unify the plurality of laws - a measure that until today has not been realised. This paper juxtaposes the discourse and rhetoric regarding Article 44 of two different actors: the Indian women's movement (for whom the UCC has long promised gender equality) and the Indian Supreme Court (for whom the code has promised national integration, secularism and modernity).

Tanja Herklotz is a research assistant and PhD candidate at the chair for public and comparative law at Humboldt University Berlin. She pursued her studies at the Universities of Heidelberg, Bologna, Münster and SOAS, University of London. Her PhD thesis deals with social movements and the Supreme Court in India. She is affiliated with several women’s rights organisations in India.


Sarah Holz

Constructing an Islamic Republic Through Law and Justice Mechanisms

A distinctive feature of the Islamic Republic of Pakistan is the constitutional requirement that all laws have to conform to the Injunctions of Islam (Art.227). The Federal Shariat Court and the Council of Islamic Ideology were created to monitor the observance of this condition. Looking at the institutional practice of both bodies, I would like to discuss how this constitutional provision is practiced in law-making, law review and legal practice in Pakistan today.
By reviewing laws to determine their accordance with the Injunctions of Islam or admitting petitions challenging the conformity of laws with these Injunctions, the decisions of the Federal Shariat Court and the Council of Islamic Ideology are not confined to the legal realm but also function as social commentary and norm-setting. Both bodies are nodes between the legal, the social and the political of the state and therefore ideal starting points to examine how the Islamic Republic is practiced today.

Sarah Holz is a PhD Fellow at the Graduate School Muslim Cultures and Societies, Freie Universität Berlin. Her project is entitled “Organised Religion in Pakistan: Dynamics and Change in Religious Institutions of the State”.

 

 

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