IDEOLOGY AND LAW-MAKING: BRITISH INDIA IN THE NINETEENTH CENTURY Dr. Subhasree Ghosh Independent Researcher India
[email protected] I The paper aims to explore the debate surrounding the age of consummation of girls in nineteenth century colonial India and posit it in the context of the dominant colonial ideology of the time-span to analyse the degree it conformed to the same. The objective is to trace the trajectory followed in the framing of the Age of Consent Act in 1891 that legalised twelve as the legal age of consummation for married and unmarried girls. The existing historiography has taken a somewhat myopic view of a complex and a nuanced issue by glossing over the very fact that the 1891 act was not a flash in the pan but has a background history of relentless persuasion of the British administrators aided and assisted by a section of enlightened gentlemen of the native society. The other major finding of the study is that it negates the contention of Thomas R. Metcalf that the post-1857 period witnessed a perceptible shift in colonial practices in the socio-legal sphere directly impinging on the personal space of the native population.1 In the years following the tumultuous events of 1857, Metcalf states that the British “…carefully dissociated themselves from comprehensive schemes of social reform…Indian religious belief, and the social customs bound up with it, were to be left strictly alone.”2 Denis Judd corroborates Metcalf, “Fearful to set in motion an Indian reaction similar to the one that had precipitated the great uprising of 1857, the Government avoided drastic political and social change.”3 However, if one traces the journey of the debate from 1837, when the draft Indian Penal Code was submitted, to 1891, the year in which the Age of Consent Act finally came to fruition, one could trace the unmistakable thread of continuity being woven into the pattern of British administration so far as forays into the personal domain is concerned.