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Legal and Penal Institutions Within a Middle-Class Perspective in Colonial Bengal: 1854 - 1910

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Legal and Penal Institutions Within a Middle-Class Perspective in Colonial Bengal: 1854 - 1910 Legal and Penal Institutions Within a Middle-Class Perspective in Colonial Bengal: 1854 - 1910. by Anindita Mukhopadhyay Thesis Submitted to the Faculty of Arts of the University of London for the Degree of Doctor of Philosophy School of Oriental and African Studies, London Department of History ProQuest Number: 10672665 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 10672665 Published by ProQuest LLC(2017). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 Abstract This thesis illustrates and analyses the ambiguity of the Bengali middle-class perception regarding the colonial legal and penal institutions, specifically the criminal courts and the jails, in the second half of the nineteenth century. The institutional functioning of the criminal courts and the jails form a marginal part of the thesis. The main focus is the bhadralok perception of these institutions as the repository of "law and order" as established by the colonial rule of law. This thesis contends that though the perceived need for preserving law and order through the rule of law came from the colonial government in the first half of the nineteenth century, it had the approval of the bhadralok. It is further argued that the categories of the criminals in the Bengal Presidency (or province), generated by the colonial government at the site of the criminal courts and the jails, were congruent with the divide separating the higher castes from the lower castes. These categories helped the bhadralok to take on a non-criminal identity, based on their perception of the colonial discourse on the criminal classes. Further, from the mid­ nineteenth century to the late nineteenth century, the increasing familiarity with the courts and the jails enabled the bhadralok, on the basis of their own changing experience, to construct a non-criminal identity for themselves. The central theme of the thesis is therefore the evolution of a bhadralok non­ criminal identity revolving around their experience of the courts and the jails throughout the mid to late nineteenth century. On the basis of this non-criminal identity, the bhadralok in the late nineteenth century stood in opposition to the colonial government's mechanisms of control, namely the criminal courts and the jails, by questioning its right to impose such control on a non-criminal section of society, and thereby immediately imbuing the colonial government with illegality and oppression. But this was possible only after the identity of criminality had been grafted onto the lower sections of the society, the chhotolok, as it enabled the bhadralok to construct the mental image of the criminal courts and the jails as generally applicable only to the chhotolok. This, in turn, rendered the site of the criminal courts and the jails as spaces reserved for the lower sections of society. The first decade of the twentieth century is examined briefly to bring out the contrast of this period as against the bhadralok discourse evolving through the mid to late nineteenth century, which had set out the space of the criminal courts and the jails as desecrated space, unfit for the bhadralok to occupy. Against this background, the national movement endowed the legal and penal procedure with illegality and misrule of law, when they operated on the bhadralok as political prisoners. This was in diametrical contrast to the perception of the legitimacy of the legal and penal institutions when they operated on the chhotolok with the end of preserving law and order through these two institutions. Acknowledgement I have wanted to do research on criminality and attitudes relating to it in colonial Bengal as the subject has always fascinated me. The project came off the ground finally in 1996 because of the constant encouragement and patient supervision of Professor David Arnold. The constant fear of limited time running out provided that additional incentive to finish. The research for my thesis was done in various libraries and archives which fortunately provided a lot of rich data. The kindness of the staff in the National Archives of India, Nehru Memorial Library in Delhi, made it possible for me to collect a range of data covering my entire period of research and beyond. I owe thanks especially to Udayanda of the West Bengal State Archives for suggesting alternative sources which would have never occurred to me. Writers Building in Calcutta proved to be useful for the twentieth century. The National Library in Calcutta offered a tantalising glimpse of sources that would have been invaluable had I been able to take a look at them. Unfortunately, because my time in Calcutta was limited, I had to come away to London with the knowledge that most of it was still unexamined. My field-trip to the districts of Bankura, Midnapur and Burdwan was successful, as I managed to get a wide variety of sources, ranging from police reports, confessions of dacoits (carried off from the Bankura Police station, of all places, where they were lying forgotten in a comer), to criminal court records in the Midnapur District Collectorate. From the Collectorate I also managed to get, (as the staff caught some of my enthusiasm for locked cupboards, and burst open a very dusty cupboard with a very rusty lock), the jail records of Midnapur Central Jail covering the period 1942-1943. Unfortunately, towards the end of my second year I realised, given the all- important consideration of the word-limit, that the 1940s could not be included. But I hope the infectious enthusiam of the Staff at the Midnapur Collectorate would be justified some day, when I can manage to use some of the sources I found so fortuitously. The same sentiments accompany the sources found at the Midnapur Central Jail, where the jailor, Mr. Bannerjee, went out of his way to help me gather material, but which I unfortunately could not use in the thesis for want of space. However, the High Court in Calcutta obdurately and disappointingly withheld the sources I wanted. Stacks of criminal records were piled high in the record room, but there was no access to them, apart from a few known political trials and some sensational ones. The Alipur Bomb case and the Maniktala Bomb case I found in Victoria Memorial Archive. My stints at the India Office Library were extremely useful, as I found almost all my vernacular tracts there. Mrs. A. Ghosh, an invaluable friend and guide through the complicated process of deciding the kind of tracts useful for me, deserves my sincerest thanks for all the help and innumerable cups of tea she has given me. The Annual Jail Reports, Thugi and Dacoity Reports, the Bengal Judicial Proceedings, the Native Newspaper Reports, all obtained from India Office Records, form the integral part of my thesis. The Library at SOAS formed an extremely useful supplementary data-bank to IOL. All my friends have been magnificent. Rutger saved me from becoming a basket-case by initiating me into the complicated world of computers. I am still not even half-way there, but it is certainly not because he did not try. Mala prevented me from leaving for home half-way down the third year when I was convinced I was wasting my time, and of course, Professor Arnold's. And they provided muscle-power to shift the mountaineous pile of papers and files whenever I got notice from the numerous Halls of Residence for students to quit my room. My heart-felt thanks to Chaya who allowed me to stay in her room for two months with all my books and papers spread over her desk and shelves. Lopamudra and Ajay Kumar kindly went through my thesis and provided useful insights; so did Chaya, Debasmita, Rutger, Samita, Ujjayini, and Sudeshna. It goes without saying that the mistakes that still remain are mine alone. Table of Contents Abstract Acknowledgement Glossary Abbreviations Map of the Central and District Jails Pages 1. Introduction 1 - 22 2.The Official Discourse: Creation of Categories 23 - 71 3. The Middle-Class Discourse, 1854 - 1880 72 -124 4. The Voice of the Chhotolok 125 - 175 5. Questioning the Judicial System 176-250 6. Prison, Law and Literature 251-308 7. Conclusion 309-314 8. Appendix 1 Female Criminality Appendix 2 Famine Years Appendix 3 Non-criminal Districts and Criminal Districts Appendix 4 Caste Configurations, 1869. Appendix 5 Caste Configurations, 1874. Appendix 6 Educational Background of Prisoners, Possibly Indicating Status Appendix 7 Criminality by Occupation GLOSSARY adalat court amla an office clerk. amin a land surveyor baaje adaye misappropiated funds baakrand word-prostitute babu mode of address, term also pejoratively denotes superficiality of a class Badasaheb Bengali term for Lieutenant-Governor, European superior officer badmaish bad character bahaduri showing off, an act of bravery badalok/ bhadralok repectable Bengali men, or big people, belonging to the upper class badamanushi ostentatious behaviour bargi Maratha raiders begar forced labour bhadrasantan son of a respectable man borobabu senior babu boshtom ministrel brahmottar tax-free land given to Brahmins buddhijibi intellectuals burkundaz armed force chaprasi chaprasi chhotolok/ eetar lok little people i.e lower classes chor thief chowkidar watchmen coolies labourers darogah inspector dafadar Indian officer, jails, police debottar tax-free lands given to temples Dharma Justice dharmabatar re incamati on of j ustice dhing protest dhobi washerman diwan estate manager diwani civil duratma scoundrel ekraar confession faujdari criminal gaayen singer galakata cut-throat ganga-jatra a ritual of taking a dying person to the river garod selami prison tax Gowala caste of cowherds goyenda detective hak right hairanbadi the house of trouble, jail hajut lock-up.
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