Gender, Slavery and Law in Colonial India


Book Description

This volume shows that slaves acquired by some ruling households were incorporated into patterns of kinship. Colonial abolitionist measures did not even try to release these slaves; they restructured ideologies of marriage and succession instead and eroded the status of slave-descended members over time.




Governing Gender and Sexuality in Colonial India


Book Description

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




Enslaved Daughters


Book Description

This is the second edition of a remarkable study of a young woman's defiant stand against Hindu orthodoxy and the colonial legal establishment in the late nineteenth century India. It revolves around a suit for 'restitution of conjugal rights' filed against Rukhmabai, who was married at age eleven and refused to go and live with her husband. This lucid and engaging account captures the dramatic unfolding of the litigation, as well as the huge social and political debate set off by it. The narrative skilfully weaves together the details of the case with larger issues of gender and law, colonialism, culture, reform, and modernity. This edition includes a new Afterword in which the author analyses a vexatious libel case into which the rival party dragged Rukhmabai with a view to breaking her will, even before the original suit has been settled. This book will interest students and scholars of gender studies, family law, feminist perspective of history, legal history, and also general readers.




Slavery, Abolitionism and Empire in India, 1772–1843


Book Description

This book explores the complex interactions between imperial expansion, political abolitionism and colonial philanthropy that underpinned the ambivalent attitudes of both British evangelicals and East India company officials towards the existence of slavery in India in the period 1772–1843.




Concubines and Courtesans


Book Description

Concubines and Courtesans contains sixteen essays on enslaved and freed women across medieval and pre-modern Islamic social history. The essays consider questions of slavery, gender, social networking, cultural production, sexuality, Islamic family law, and religion in the shaping of Near Eastern and Islamic society over time.




The Cambridge World History of Slavery: Volume 3, AD 1420-AD 1804


Book Description

The various manifestations of coerced labour between the opening up of the Atlantic world and the formal creation of Haiti.




Wives, Slaves, and Concubines


Book Description

Wives, Slaves, and Concubines argues that Dutch colonial practices and law created a new set of social and economic divisions in Batavia-Jakarta, modern-day Indonesia, to deal with difficult realities in Southeast Asia. Jones uses compelling stories from ordinary Asian women to explore the profound structural changes occurring at the end of the early colonial period—changes that helped birth the modern world order. Based on previously untapped criminal proceedings and testimonies by women who appeared before the Dutch East India Company's Court of Alderman, this fascinating study details the ways in which demographic and economic realities transformed the social and legal landscape of eighteenth-century Batavia-Jakarta. Southeast Asian women played an inordinately important role in the functioning of the early modern Asia Trade and in the short- and long-term operations of the Dutch East India Company (VOC). Southeast Asia was a place where most individuals operated within an intricate web of multiple, fluid, situational, and reciprocal social relationships ranging from dependence to bondedness to slavery. The eighteenth century represents an important turning point: the relatively open and autonomous Asia Trade that prompted Columbus to set sail had begun to give way to an age of high imperialism and European economic hegemony. How did these changes affect life for ordinary women in early modern Dutch Asia, and how did the transformations wrought by Dutch colonialism alter their lives? The VOC created a legal division that favored members of mixed VOC families, those in which Asian women married men employed by the VOC. Thus, employment—not race—became the path to legal preference, a factor that disadvantaged the rest of the Asian women. In short, colonialism created a new underclass in Asia, one that had a particularly female cast. By the latter half of the eighteenth century, an increasingly operational dichotomy of slave and free supplanted an otherwise fluid system of reciprocal bondedness. The inherent divisions of this new system engendered social friction, especially as the emergent early modern economic order demanded new, tractable forms of labor. Dutch domestic law gave power to female elites in Dutch Asia, but it left the majority of women vulnerable to the more privileged on both sides of this legal divide. Slaves fled and violence erupted when traditional expectations of social mobility collided with new demands from the masters and the state.




Stages of Capital


Book Description

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.




Sex and the Family in Colonial India


Book Description

In the early years of the British empire, cohabitation between Indian women and British men was commonplace and to some degree tolerated. However, as Durba Ghosh argues in a challenge to the existing historiography, anxieties about social status, appropriate sexuality, and the question of who could be counted as 'British' or 'Indian' were constant concerns of the colonial government even at this time. By following the stories of a number of mixed-race families, at all levels of the social scale, from high-ranking officials and noblewomen to rank-and-file soldiers and camp followers, and also the activities of indigenous female concubines, mistresses and wives, the author offers a fascinating account of how gender, class and race affected the cultural, social and even political mores of the period. The book makes an original and signal contribution to scholarship on colonialism, gender and sexuality.




The Rule of Law and Emergency in Colonial India


Book Description

This book takes a closer look at colonial despotism in early nineteenth-century India and argues that it resulted from Indians’ forum shopping, the legal practice which resulted in jurisdictional jockeying between an executive, the East India Company, and a judiciary, the King’s Court. Focusing on the collisions that took place in Bombay during the 1820s, the book analyses how Indians of various descriptions—peasants, revenue defaulters, government employees, merchants, chiefs, and princes—used the court to challenge the government (and vice versa) and demonstrates the mechanism through which the lawcourt hindered the government’s indirect rule, which relied on local Indian rulers in newly conquered territories. The author concludes that existing political anxiety justified the East India Company’s attempt to curtail the power of the court and strengthen their own power to intervene in emergencies through the renewal of the company’s charter in 1834. An insightful read for those researching Indian history and judicial politics, this book engages with an understudied period of British rule in India, where the royal courts emerged as sites of conflict between the East India Company and a variety of Indian powers.