Abstract
Ratna Kapur illustrates how the Indian judiciary, through mobilizing a politics of ‘belief,’ has endorsed the identity of the Indian state as a Hindu nation through the discourse of rights and has underscored such practice through the constructed opposition between Islam and gender equality in the advocacy of the Hindu Right. The article analyses the role of religion in the constitutional discourse of secularism in India and how this has been used as a technique to establish and reinforce Hindu majoritarianism. The article focuses on the relationship between secularism, equality, and religion in law, which is pivotal to the Hindu Right’s project of constructing the Indian Nation as Hindu. Kapur notes that the judiciary has played a central role in legitimizing the Hindutva project, and that this project has gained traction in the legal arena to reshape the meaning of equality, gender equality, and religious freedom.
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