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Covering the earliest Sanskrit rulebooks through to the codification of 'Hindu law' in modern times, this interdisciplinary volume examines the interactions between Hinduism and the law. The authors present the major transformations to India's legal system in both the colonial and post colonial periods and their relation to recent changes in Hinduism. Thematic studies show how law and Hinduism relate and interact in areas such as ritual, logic, politics, and literature, offering a broad coverage of South Asia's contributions to religion and law at the intersection of society, politics and culture. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition, and in the process, provide a fascinating account of an often neglected social and political history.
Between 1955 and 1956 the Government of India passed four Hindu Law Acts to reform and codify Hindu family law. Scholars have understood these acts as a response to growing concern about women's rights but, in a powerful re-reading of their history, this book traces the origins of the Hindu law reform project to changes in the political-economy of late colonial rule. The Hindu Family and the Emergence of Modern India considers how questions regarding family structure, property rights and gender relations contributed to the development of representative politics, and how, in solving these questions, India's secular and state power structures were consequently drawn into a complex and unique relationship with Hindu law. In this comprehensive and illuminating resource for scholars and students, Newbigin demonstrates the significance of gender and economy to the history of twentieth-century democratic government, as it emerged in India and beyond.
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.
This book, strongly grounded in primary sources, makes an important contribution to the intellectual history of early modern Bengal. It brings to light the complex interpenetration of diverse interests, opinions, and ideologies articulated by various social groups implicated in the process of colonization on the lines of Ranajit Guha's work on property relations in Bengal and Radhika Singha's work on law. There is no comparable work specifically on the subject of Hindu property rights and how these came to be perceived or interpreted in early modern Bengal. The author explores the so-called compendia prepared under British auspices and argues that there was hardly any link between the Smritis and the laws. The latter were determined almost entirely by changing British policy with regard to land revenue and that many of the positive features of Hindu custom like women's rights to property were undermined in the process.
How did upstart outsiders forge vast new empires in early modern Asia, laying the foundations for today's modern mega-states of India and China? In How the East Was Won, Andrew Phillips reveals the crucial parallels uniting the Mughal Empire, the Qing Dynasty and the British Raj. Vastly outnumbered and stigmatised as parvenus, the Mughals and Manchus pioneered similar strategies of cultural statecraft, first to build the multicultural coalitions necessary for conquest, and then to bind the indigenous collaborators needed to subsequently uphold imperial rule. The English East India Company later adapted the same 'define and conquer' and 'define and rule' strategies to carve out the West's biggest colonial empire in Asia. Refuting existing accounts of the 'rise of the West', this book foregrounds the profoundly imitative rather than innovative character of Western colonialism to advance a new explanation of how universal empires arise and endure.
This is a study of the forces which brought about a change in the status and position of the Muslims of Punjab during the British rule of the province, from 1849, up to its independence in 1947. It examines the role of the government, reformers and political leaders in bringing about a transformation in their position. It is a useful study for understanding the predicament of the modern day South Asian Muslim women, who sometimes emerge in powerful political positions in an otherwise conservative society.
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."