Caste and legislation in colonial India: 1772--1883

This dissertation examines how different legal standards came to be formalized around various social configurations pertaining to social rank and groupings, both "subaltern" and elite: dacoits, thugs, "criminal castes," slaves and Brahmins, among others. As many scholars have noted, colonial perceptions of caste had a major impact on the British-Indian legal system; and in turn, the colonial legal system helped to reinforce and rigidify the caste system. I argue that the influence of caste on the legal system and vice-versa was the result of two factors. First, in attempting to bring law and order to a society that seemingly had little of either, it was thought necessary to first focus on certain "subaltern" groups. Secondly, for their own political and social gain, lawmakers attempted to appeal to elite, high-caste Indians.;In considering these topics, this study examines the actual laws that were passed, and those that were proposed but not passed; the legal debates occurring prior to the passing of these laws; and the opinions regarding them expressed in the press. The debates surrounding the formation of caste laws occurred within the context of the wider debate about the possibility of a uniform legal code in India, an idea that the British advocated but had difficulty enacting. I contend that the debates about these laws solidified caste categories within the broader context of the ongoing legal discussion about anti-dualist jurisdiction. As the British lawmakers were very concerned about the effects of a uniform legal code in India on both Europeans and elite Indians (they were particularly concerned to avoid unjust representations of various segments of the population), they often backed away from enacting such a uniformity. In the process, they frequently passed additional laws to protect privileged groups, specifically Europeans and elite Indians, thus inadvertently creating an even more caste-based legal code. Thus, I examine the topic of caste within the context of the debates on anti-dualist jurisdiction, as close examination of this dialogue shows that it was often centered on caste and the status of Europeans.