From the early days of colonial rule in India, the British established a two-tier system of legal administration. Matters deemed secular were subject to British legal norms, while suits relating to the family were adjudicated according to Hindu or Muslim law, known as personal law. This important new study analyses the system of personal law in colonial India through a re-examination of women's rights. Focusing on Hindu law in western India, it challenges existing scholarship, showing how - far from being a system based on traditional values - Hindu law was developed around ideas of liberalism, and that this framework encouraged questions about equality, women's rights, the significance of bodily difference, and more broadly the relationship between state and society. Rich in archival sources, wide-ranging and theoretically informed, this book illuminates how personal law came to function as an organising principle of colonial governance and of nationalist political imaginations.

With The Aid Of Evidence Drawn Mainly From The Ruling House Holds Of Eastern Indian In The Late-Eighteenth And Nineteenth Centuries, This Book Illustrates That This Apparent Bedrock Is Unstable And Shows How Slaves Contributed To The Constitution Of The Family And Kinship.

By accessibly recounting and analyzing the unique experience of institutions in colonial Indiawhich were influenced heavily by both British Common Law and indigenous Indian practices and traditionsLaw and the Economy in Colonial India sheds new light on what exactly fosters the types of institutions that have been key to economic development throughout world history more generally. The culmination and years of research, the book goes through a range of examples, including textiles, opium, tea, indigo, tenancy, credit, and land mortgage, to show how economic laws in colonial India were shaped neither by imported European ideas about how colonies should be ruled nor indigenous institutions, but by the practice of producing and trading. The book is an essential addition to Indian history and to some of the most fundamental questions in economic history."

Examines the colonial and postcolonial governance of gender and sexuality through the history of transgender Hijras in north India.

How did British rule in India transform persons from lower social classes? Could Indians from such classes rise in the world by marrying Europeans and embracing their religion and customs? This book explores such questions by examining the intriguing story of an interracial family who lived in southern India in the mid-nineteenth century. The family, which consisted of two untouchable brothers, both of whom married Eurasian women, became wealthy as distillers in the local community. A family dispute resulted in a landmark court case, Abraham v. Abraham. Chandra Mallampalli uses this case to examine the lives of those involved, and shows that far from being products of a 'civilizing mission' who embraced the ways of Englishmen, the Abrahams were ultimately - when faced with the strictures of the colonial legal system - obliged to contend with hierarchy and racial difference.

In Stages of Capital, Ritu Birla brings research on nonwestern capitalisms into conversation with postcolonial studies to illuminate the historical roots of India’s market society. Between 1870 and 1930, the British regime in India implemented a barrage of commercial and contract laws directed at the “free” circulation of capital, including measures regulating companies, income tax, charitable gifting, and pension funds, and procedures distinguishing gambling from speculation and futures trading. Birla argues that this understudied legal infrastructure institutionalized a new object of sovereign management, the market, and along with it, a colonial concept of the public. In jurisprudence, case law, and statutes, colonial market governance enforced an abstract vision of modern society as a public of exchanging, contracting actors free from the anachronistic constraints of indigenous culture. Birla reveals how the categories of public and private infiltrated colonial commercial law, establishing distinct worlds for economic and cultural practice. This bifurcation was especially apparent in legal dilemmas concerning indigenous or “vernacular” capitalists, crucial engines of credit and production that operated through networks of extended kinship. Focusing on the story of the Marwaris, a powerful business group renowned as a key sector of India’s capitalist class, Birla demonstrates how colonial law governed vernacular capitalists as rarefied cultural actors, so rendering them illegitimate as economic agents. Birla’s innovative attention to the negotiations between vernacular and colonial systems of valuation illustrates how kinship-based commercial groups asserted their legitimacy by challenging and inhabiting the public/private mapping. Highlighting the cultural politics of market governance, Stages of Capital is an unprecedented history of colonial commercial law, its legal fictions, and the formation of the modern economic subject in India.

This collection of essays on Indian women is an important contribution to both Indian historiography and feminist studies. The book covers such topics as the Hindu Widow's Remarriage act of 1856, female infanticide, property rights, social welfare systems, and the struggle for the right to vote.

No detailed description available for "History and Power in the Study of Law".

Contentious Traditions analyzes the debate on sati, or widow burning, in colonial India. Though the prohibition of widow burning in 1829 was heralded as a key step forward for women's emancipation in modern India, Lata Mani argues that the women who were burned were marginal to the debate and that the controversy was over definitions of Hindu tradition, the place of ritual in religious worship, the civilizing missions of colonialism and evangelism, and the proper role of the colonial state. Mani radically revises colonialist as well as nationalist historiography on the social reform of women's status in the colonial period and clarifies the complex and contradictory character of missionary writings on India. The history of widow burning is one of paradox. While the chief players in the debate argued over the religious basis of sati and the fine points of scriptural interpretation, the testimonials of women at the funeral pyres consistently addressed the material hardships and societal expectations attached to widowhood. And although historiography has traditionally emphasized the colonial horror of sati, a fascinated ambivalence toward the practice suffused official discussions. The debate normalized the violence of sati and supported the misconception that it was a voluntary act of wifely devotion. Mani brilliantly illustrates how situated feminism and discourse analysis compel a rewriting of history, thus destabilizing the ways we are accustomed to look at women and men, at "tradition," custom, and modernity.