Abstract: India recognizes the personal laws of the various
religious communities that reside in the country. At the same time all
the institutions of the state in India are committed to the value of
secularism. This paper has been developed on the basis of a case
study that indicates the dynamics of religion in the working of the
lower judiciary in India. Majority of the commentary on religion and
the judiciary has focused on debates surrounding the existence and
application of personal laws. This paper, through a case study in the
lower judiciary, makes an attempt to examine whether the interface
between religion and the judiciary goes beyond personal laws.
The first part of this paper explains the history and application of
personal laws in social, political and legal contexts in India. The
second part examines the case study located in two courts of first
instance, following into the third part which provides an analysis of
the empirical evidence. The fourth part focuses on preliminary
observations about why there is a hesitancy to speak about religion in
relation to the working of the judicial system.