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Accepted Paper:

Religious uncertainty, astrology, and the courts. a case study from South India  
Gilles Tarabout (LESC Nanterre)

Paper short abstract:

Based on a study of temple astrology in Kerala (South-India) and its occasional judicial aftermath, the paper suggests that, in a process fraught with uncertainties, astrology leaves an open space for religious negotiation, while courts render doubts irrelevant as the judge’s decision becomes law.

Paper long abstract:

In Kerala, Hindu devotees may wish to improve a temple or solve difficulties. They first need ascertain the will of the presiding deity through an astrological session. In this public event, each and every aspect of temple life is scrutinized, a process full of uncertainty as astrologers are notorious for their unpredictable pronouncements.

Interpretation has to produce a pattern that makes sense out of complex ominous data, and major statements are cross-checked through divination. The astrologers end up with a narrative explaining the past causes for the present day situation, and, much as with medical advice, with a list of (ritual) remedies. Such rituals are often costly and are not always implemented, depending on the local situation. Devotees may disagree about the next course of action, which sometimes results in an open conflict brought to the courts.

A trial, however, is not a "cure" but a contest full of new uncertainties. Judges are cautious to respect religious rights guaranteed by the Constitution while at the same time preserving public order. They may wish to be on the safe side of what is said to be the local "tradition", and may quote in that respect the results of such astrological consultations. The trial ends up with a ruling, to be enforced.

Based on a case study, the paper suggests that, in a process fraught with uncertainties, astrology leaves an open space for religious negotiation, while courts render doubts irrelevant as the judge's decision becomes law.

Panel W060
Of doubt and proof: ritual and legal practices of judgment (EN)
  Session 1 Thursday 12 July, 2012, -