Nizam-ul-Mulk Asaf Jah: History II Notes PDF

Week -1 Nizam 1. Introduction  May 1748: Nizam-ul-Mulk Asaf Jah arrived in Burhanpur in the last stages of his life, understanding his time was near.  Dictates a testament: His 17-clause testament not only outlined his personal wishes but also served as a strategic guide f...

Week -1 Nizam 1. Introduction  May 1748: Nizam-ul-Mulk Asaf Jah arrived in Burhanpur in the last stages of his life, understanding his time was near.  Dictates a testament: His 17-clause testament not only outlined his personal wishes but also served as a strategic guide for future governance. o He aimed to immortalize his image as a successful ruler, general, and statesman. o His legacy needed to reflect how he navigated the turbulent post-Mughal period.  Political Context: The Mughal Empire was weakening, with its vast territories fragmenting into semi-independent states, and Nizam saw an opportunity to establish his own dominion. 2. Early Life and Mughal Loyalty  Birth and Family: Nizam was born in 1671 into a noble Mughal family in Delhi. His father, Ghazi-ud-Din Khan, held a high military and administrative position, while his mother, Safiya Khanum, had connections with royal elites.  Father’s Influence: Ghazi-ud-Din’s strained relationships with Aurangzeb’s sons provided Nizam with an early understanding of Mughal politics and the importance of loyalty to the emperor over personal ambition. o His father’s unwavering loyalty to Emperor Aurangzeb became a major influence on Nizam’s early career.  Devotion to Aurangzeb: This loyalty was repaid through titles, positions, and military commands for the family, solidifying their power at court and providing Nizam with the resources to navigate Mughal court politics. 3. Mughal Politics and the Decline of Princes  Role of Mughal Princes: During Aurangzeb’s rule, his sons were caught in a power struggle, each seeking alliances to build their own factions. o Mughal politics relied heavily on regional alliances, and princes were constantly in competition for influence.  Aurangzeb’s Policies: Aurangzeb prevented his sons from amassing too much power, fearing rebellion or division within the empire. Instead, he relied on a group of trusted nobles, including Nizam’s father, to curb the princes’ ambitions.   Nizam’s Position: The trust Aurangzeb placed in Nizam’s father was extended to Nizam, who became one of the emperor’s most reliable generals, further enhancing his loyalty to the Mughal throne. o Nizam’s loyalty stemmed from both personal admiration for Aurangzeb and the material benefits his family gained from the relationship. 4. After Aurangzeb’s Death: Succession Wars  Armed Neutrality: After Aurangzeb’s death in 1707, a war of succession broke out between his sons. Nizam and his father maintained a stance of neutrality while stockpiling weapons and resources, waiting for the conflict to resolve.  Political Isolation: Under Bahadur Shah and Jahandar Shah, the new emperors viewed Nizam and his father with suspicion, sidelining them from key positions due to their close ties with Aurangzeb.  Overthrow of Sayyid Brothers: Despite his marginalization, Nizam allied with Muhammad Amin Khan to overthrow the powerful Sayyid brothers (1719-20), who controlled the Mughal court. o After the fall of the Sayyids, Nizam was promised the position of wazir, but the emperor reneged, leading to a long-standing grievance.  Wazir of the Empire: Nizam finally secured the position of wazir (prime minister) in 1722 following the death of Muhammad Amin Khan, though his tenure lasted less than two years due to opposition at court. 5. Shift to Independence and Founding of Hyderabad  Departure from Mughal Court: Nizam’s opposition at the Mughal court, particularly from factions unhappy with his powerful role, led to a rebellion in the Deccan. Nizam left Delhi to secure his power base in the Deccan, marking the beginning of his shift towards autonomy.  Semi-Independence: While still nominally loyal to the Mughal emperor, Nizam increasingly operated as an independent ruler, focusing on consolidating his authority in the Deccan.  Founding Hyderabad: Nizam laid the foundation of Hyderabad as a stable and secure state, different from other Mughal successor states like Bengal or Awadh, which largely broke away without resistance. o His goal was not to completely sever ties with the Mughals but to recreate their glory on his own terms in the south. 6. Challenges in Establishing Hyderabad   Institutional Weaknesses: Mughal rule in the Deccan had been relatively new and weak. The region lacked deep-rooted Mughal administrative structures, making governance challenging.  Cultural Barriers: Nizam had to govern over a region with a diverse population that had limited ties to the Persianate culture of the Mughal court. This required him to adapt his administration to local conditions.  Diverse Provinces: Nizam controlled six provinces, each with its own cultural and historical identity, making governance complex. o For example, the Marathas were a powerful local force, and their demands for taxation posed a serious challenge to Nizam’s authority.  Personal Strengths: Nizam’s deep understanding of the Deccan, having served there as a Mughal governor, was an advantage. o He had a strong base of support among various military and administrative groups, including Afghans, Indian Muslims, Rajputs, and Marathas. 7. Managing Ethnic and Regional Groups  Diverse Alliances: Nizam had to carefully balance relationships with the Marathas, Afghans, Telugus, and Berads, using a combination of diplomacy, military action, and compromise.  Maratha Relations: His initial alliance with the Marathas was based on personal relationships, but conflicts soon arose over tax collection and bureaucratic control. o After a long struggle, Nizam recognized Shahu as the rightful successor to Shivaji, agreeing to share tax revenues, though he limited Maratha bureaucratic influence.  Integration of Local Forces: Nizam incorporated Maratha military men and administrators into his government, leveraging their influence to stabilize his rule. 8. Military Campaigns and Inclusion of Regional Groups  Campaigns Against Resistance: Between 1725 and 1730, Nizam launched military campaigns against rebellious groups like the Afghans, Telugus, and Berads, asserting his dominance in the region. o While he subdued these groups, he stopped short of completely destroying their power, instead integrating them into his administration.  Afghans: Nizam offered Afghans high-ranking military positions, entrusting them with control over forts and military districts.  Telugus: Nizam allowed Telugu rulers a degree of autonomy in exchange for loyalty and tribute, ensuring their cooperation without outright subjugation.   Berads: Some Berads were stripped of their fortresses, but others were integrated into the military and given land grants, ensuring their loyalty. 9. Administrative Adaptability  Flexible Governance: Nizam was pragmatic in his administration, often bypassing rigid Mughal systems in favor of local traditions and more adaptable policies. o For example, he allowed local elites to retain significant power in exchange for tribute, rather than enforcing strict central control.  Revenue and Stability: His willingness to compromise with local rulers allowed him to maintain a steady income and prevent revolts, securing financial stability in the 1740s.  Early Success: This pragmatic approach helped Nizam lay the foundations for a stable and long-lasting state, ensuring Hyderabad’s survival into the 20th century. 10. Symbolic Allegiance to the Mughal Empire  Legitimacy from the Mughals: Although Nizam operated independently, he maintained a symbolic allegiance to the Mughal Empire to legitimize his rule.  Institutional Continuity: This connection to the empire allowed Nizam to attract talented administrators, scholars, and artisans from the north, further enhancing the prosperity of Hyderabad.  Strategic Use of Titles: Nizam emphasized his lineage and Mughal connections, using them to negotiate advantageous positions with regional powers. 11. Religious Policies and Pragmatism  Use of Islamic Rhetoric: Nizam used Islamic rhetoric selectively, especially when dealing with Mughal authorities or in conflicts with Hindu rulers, framing these battles as a defense of Islam. o In his letters to the Mughal emperor, Nizam justified his campaigns as part of a jihad against non-Muslim forces.  Neutral Approach to Non-Muslims: When dealing with Hindu rulers like Sawai Jai Singh II, Nizam adopted a neutral, diplomatic tone, emphasizing cooperation over religious differences.  Inclusion of Sufis: Nizam honored Sufis and Islamic scholars, recognizing their social and political influence, but was careful to limit their land grants to avoid local unrest. 12. Governance Beyond Sectarian Divides   Non-Sectarian Rule: Nizam avoided imposing the jizya (tax on non-Muslims) and ensured that Hindu civil and criminal cases were handled by local councils, preserving their autonomy.  Hindu Patronage: Nizam extended patronage to prominent Hindu groups, including Brahmins, Khatris, and Kayasthas, who were integral to the administration.  Personal Interest in Non-Muslims: Nizam took a personal interest in the welfare of Hindu boys, providing them with education and special accommodations during his travels. 13. Historical Misinterpretations  Later Historiography: Many historians have misinterpreted Nizam’s era by projecting later ethnic and religious tensions onto his reign, ignoring the flexible and inclusive policies that defined his governance.  Continuities Over Time: Nizam’s use of diverse groups in his administration, reliance on northern immigrants, and his non-sectarian approach remained consistent throughout his rule. 14. Decline Under Later Nizams  Crisis Management: Although Nizam laid strong foundations, later rulers struggled to adapt to changing political conditions. The seventh Nizam, Osman Ali Khan, faced growing nationalist movements, both Islamic and Hindu, which destabilized the old order.  Post-Colonial Struggles: With the rise of anti-colonial sentiment, Osman Ali Khan’s failure to engage with emerging nationalist movements contributed to the eventual collapse of Hyderabad’s independence. 15. Legacy of Nizam-ul-Mulk Asaf Jah  Strategic Governance: Nizam’s governance was marked by pragmatism, inclusivity, and adaptability, allowing him to successfully transition from Mughal loyalist to semi- independent ruler.  Foundation of Hyderabad: His political acumen ensured the survival of Hyderabad as a state for over two centuries.  Historical Significance: Nizam-ul-Mulk’s ability to navigate the post-Mughal world, balancing old allegiances with new realities, cemented his place as one of the most successful and resilient rulers of early modern South Asia. Mughal Twilight 1. Introduction and Context of Mughal Decline  European accounts of “Oriental despots” might mislead someone viewing the Mughal Empire in 1707. Rather than centralized power, the Mughal Empire was marked by a hierarchical distribution of authority across various levels of society.  Shahanshah Aurangzeb’s reign (1658-1707) is identified as the point where the Mughal Empire reached its zenith but also sowed seeds of its downfall. The emperor’s heavy-handed (clumsy) policies, military campaigns, and focus on territorial expansion (especially in Deccan) ignored internal administration, which weakened the empire.  The decline of the Mughal Empire led to the rise of regional powers, who were once subordinate to the Mughals. These included local zamindars (landlords), princely rulers, and provincial governors who began asserting autonomy. By the end of the 18th century, these regional states coexisted and often competed with a new player on the Indian political scene: the English East India Company (EIC). 2. Key Fault Lines in the Mughal Administration 2.1 Zamindars:  The zamindars – managed agricultural production - began to amass wealth, power - in 17th century. Bhimsen’s memoirs – describe - breakdown of control under Aurangzeb - showing zamindars building armies - openly challenging imperial authority. Zamindars – in Marathas, Sikhs, and Jats evolved - regional powers after the emperor’s death. 2.2 Princely Rulers:  Semi-independent rulers - in inaccessible or peripheral regions. The Rajputs, long loyal to the Mughals - most notable. By late 17th century, prominent Rajput houses were in open rebellion, ceasing to pay tribute and fortifying their autonomy. The decline in Mughal power allowed these princes to operate independently. 2.3 Provincial Governors:  Appointed by the emperor, governors of important regions like Bengal and Hyderabad gradually asserted their independence. The most famous example is the Nizam of Hyderabad, who openly declared his autonomy in 1724, fighting against Mughal troops and securing his position as a de facto ruler. 3. The Rise of Regional States With the weakening of Mughal central control, various regional powers emerged and expanded during the 18th century, particularly in northern and central India. 3.1 The Marathas:  The Maratha state expanded rapidly under the leadership of Baji Rao I, spreading into Gujarat, Malwa, and eventually raiding Delhi. Their administrative efficiency was remarkable, establishing a robust bureaucratic system with the Peshwa (prime minister) at its helm.  Maratha dominance was marked by revenue collection through revenue farming, where contractors were given the right to collect taxes from specific areas. They often amassed wealth through extortion but encouraged agricultural prosperity. 3.2 Sikh Uprisings:  The Sikhs, who had previously been engaged in Mughal service, began to rebel during the early 18th century. Under Banda Bahadur, they mounted a significant challenge to Mughal rule but were ultimately defeated in 1715.  Afterward, Sikh chiefs continued guerilla warfare from hill fortresses and plundering raids, although internal rivalries and northwestern invasions prevented them from consolidating power until later in the century. 3.3 Rajput States:  The Rajput rulers asserted their independence during this period. For example, Raja Jai Singh of Jaipur built the city of Jaipur in the early 18th century, incorporating a rich blend of traditional Rajput and Mughal architectural styles. 3.4 Other Regional Players:  The Jats of Bharatpur and the Afghans of Rohilkhand rose to power, further contributing to the fragmentation of political authority in India.  In the Deccan, Hyderabad and Mysore established themselves as significant regional powers. Haider Ali and his son Tipu Sultan centralized Mysore’s administration, eliminating local zamindars and developing a powerful military that was eventually defeated by the British. 4. Military and Fiscal Changes The fragmentation of the Mughal Empire and the rise of regional powers ushered in several military and fiscal changes, transforming the political landscape. 4.1 Military Fiscalism:  A new model of governance emerged, called military fiscalism, wherein states relied on revenue extraction to fund professional armies. European adventurers were often hired to train these forces, making them far more disciplined and effective than traditional Mughal cavalry.  This model was employed by various regional states, including Hyderabad and Mysore. Hyderabad, for instance, maintained a contingent of French-led infantry, which was more effective than Mughal forces. 4.2 Revenue Farming:  The practice of revenue farming grew in importance during this time. Contractors would bid for the right to collect taxes in certain regions, providing the state with a steady income at minimal cost. However, unchecked extortion by these contractors often led to exploitation of the peasantry, although some contractors encouraged agricultural growth in the long term. 5. Cultural Flourishing Amidst Political Instability Despite the political chaos, the 18th century saw significant cultural development in poetry, art, architecture, and religious thought. 5.1 Rajput and Maratha Art:  The Rajput courts, particularly in Jaipur and Bharatpur, became major centers of cultural patronage, blending Mughal styles with local traditions. Ragmala paintings (depicting musical modes) and pietra dura inlay work in palaces were examples of this cultural synthesis. 5.2 Islamic Mysticism:  Sufi poets like Shah Abdul Latif Bhitai and Bulleh Shah produced influential vernacular works, using local folk stories to convey mystical ideas. Their poetry reinterpreted traditional Islamic narratives through regional cultural lenses. 5.3 Urdu and Shi’a Literary Traditions:  In Delhi, poets like Mir Taqi Mir adapted Persian poetic forms into the evolving language of Urdu, which became the courtly language of the Mughal capital.  Shi’a mourning ceremonies and the poetic tradition of Marsiya (elegies) flourished in Awadh, which emerged as a major Shi’a center. 6. The Rise of the East India Company (EIC) 6.1 Early Trade and Monopoly:  The EIC was established in 1600 and initially focused on the spice trade. However, competition from the Dutch in the East Indies forced the Company to concentrate its efforts on India, where they developed markets for textiles, indigo, and saltpetre. 6.2 Formation of the Presidency Capitals:  The Company established key trade posts at Madras, Bombay, and Calcutta, which grew into fortified presidency capitals. These ports became economic and military bases from which the EIC expanded its influence inland.  Indian merchants found protection in these cities and collaborated with the Company, seeking security for trade amidst the growing political instability. 6.3 Battle of Plassey (1757):  The famous Battle of Plassey in 1757 marked a decisive shift in the balance of power. EIC forces, led by Robert Clive, defeated the Nawab of Bengal, Siraj-ud-Daula, with the help of internal conspiracies and financial backing from Indian merchant bankers like Jagat Seth.  This victory gave the EIC control over Bengal, the wealthiest province in India, and its rich tax revenues. The Company’s fortunes were transformed, as they now began using Bengal’s resources to fund their growing empire. 6.4 Battle of Buxar (1764):  Following the Battle of Plassey, the Battle of Buxar (1764) solidified the EIC’s control over Bengal and adjacent regions. The EIC defeated the combined forces of the Nawab of Awadh, the Mughal emperor, and the Nawab of Bengal, gaining the Diwani (right to collect revenue) for Bengal, Bihar, and Orissa. 7. The Transition to Colonial Power After the Battle of Buxar, the EIC transitioned from a trading company to a colonial power. It established direct administrative control over its territories, sidelining both Mughal and local rulers. By the 1770s, the Company had become the dominant power in eastern India, using Bengal’s vast revenues to finance its growing military and expand its influence across the subcontinent. 7.1 The Company’s Advantages:  The EIC benefited from its joint-stock structure, which allowed it to raise funds for large military and trading operations. The Company’s hierarchical organization and disciplined professional armies gave it a significant edge over both Indian and European competitors.  The decline of the Mughal Empire, combined with the regional fragmentation of power, provided the Company with opportunities to exploit local rivalries and consolidate its position. 7.2 Economic Exploitation:  Bengal’s wealth allowed the EIC to stop relying on bullion imports from Britain and instead use local tax revenues to fund its operations. The Company systematically exploited Bengal’s economy, particularly through monopolizing the trade in commodities like salt, betel nut, and tobacco. Conclusion The document outlines how the decline of the Mughal Empire, combined with the emergence of regional powers and the aggressive expansion of the East India Company, reshaped the political landscape of India in the 18th century. The East India Company capitalized on the internal divisions within India, transforming from a trading company into a colonial empire. Its rise was not only the result of military power but also due to its ability to exploit the existing socio-political and economic structures, setting the stage for British colonial rule in India. Travels of Dean Mahomet Letter I: Early Life, Cultural Observations, and Pride in India:  Opening Address: Mahomet begins by addressing the letter to a “Dear Sir.” He notes the addressee’s curiosity about his early life and travels.  Cultural Contrast: After arriving in Ireland, Mahomet felt a strong contrast between Ireland and India. He describes India as possessing a kind of sublime beauty that stirs the heart. The Indian landscape and its cultural innocence stand out to him in sharp contrast to the European scenes.  Manners and Morality: Mahomet expresses pride in the morality and manners of the Indian people, claiming that they retain the innocence of their ancestors more than some of Europe’s boasting philosophers. Although he acknowledges his inability to do justice to their virtues, he says his desire to fulfill his friend's request motivates him to write.  Providence’s Blessings on India: Mahomet paints a vivid picture of India as being favored by Providence with fertile soil, abundant produce, beautiful gardens, gold and diamond mines, and scenic landscapes. The Eden-like imagery aligns with a romantic, idealized vision of India.  Hospitality: Indians are portrayed as hospitable and neighborly, always inviting others to their social gatherings. He contrasts Indian conviviality with the profligacy in other parts of the world. This hospitality even extends to the local women, whom Mahomet praises for their virtues, though he notes they may not be as accomplished as European women. Personal History: Birth and Early Years:  Birthplace and Family: Mahomet reveals that he was born in Patna, Bengal, in 1759. Patna is described as a famous city on the Ganges, about 400 miles from Calcutta. His father was a Subadar in a battalion of Sepoys under Captain Adams. He traces his father's descent from the same family as the Nabobs of Murshidabad.  Family History: Mahomet’s father was stationed in a small fort near Patna, at Tarchpoor, with the mission of guarding the area. He recounts a significant event in 1769 when a famine hit the area. The local rajas, Budhmal and Corexin, refused to provide the stipulated supplies, and Mahomet’s father was sent to quell the rebellion.  Battle and Father’s Death: Mahomet describes the battle that ensued when his father led the Sepoys against the rebels. His father successfully captured Raja Budhmal, but the conflict continued, and his father died in the fighting. Despite his death, the Sepoys defeated the Raja’s forces and captured Corexin. Aftermath of Father’s Death:  Promotion of Brother: Mahomet’s elder brother, only 16 at the time, applied for their father’s post and was granted it. Mahomet recounts that the Governor recognized their father’s service and gave his brother the position.   Emotional Impact: Mahomet was 11 years old at the time of his father’s death, and the incident left a deep emotional scar on him. He vividly remembers the funeral ceremony and how his father was buried in accordance with Muslim traditions.  Education and Early Life: After his father’s death, Mahomet stayed with his mother and received education at a local school in Patna. Letter II: Ambitions and Military Aspirations:  Relocation to Patna: A few months later, Mahomet and his mother moved to Patna, where his mother lived comfortably on the property she inherited from his father. His brother took charge of his father’s commission.  Influence of Raja Sataproy: Mahomet lived near the Raja of Patna's palace, where European officers often visited for social gatherings. These grand events piqued Mahomet’s interest in the military life.  Grand Social Gatherings: Mahomet gives a detailed description of the lavish parties hosted by the Raja, which included dancing girls, music, fireworks, and elegant suppers with ice cream, fowl, and exotic fruits.  Military Ambition: Mahomet’s ambition to join the military intensified as he regularly followed the officers to the Raja’s palace. He expresses his admiration for the soldiers’ uniforms, their mannerisms, and the elegance of their social interactions. Letter III: Joining the Military and Leaving Home:  Mother’s Resistance: Mahomet’s mother suspected his growing interest in the military and tried to prevent him from leaving. However, Mahomet was determined to pursue his ambitions and eventually left to join Captain Baker at Bankeepore, leaving his mother distraught.  Camp at Bankeepore: The military camp at Bankeepore was a large encampment situated along the Ganges. Mahomet provides a detailed description of the camp's structure, which included regiments of Sepoys, Europeans, cavalry, and artillery. He explains the camp’s two lines: one for the Europeans and one for the Sepoys.  Bungalows and Tents: The bungalows for the officers were built in an Indian style, using mats for the sides and thatch for the roofs. The entrances opened into spacious halls, and the purdoes (curtains) and cheeques (woven bamboo screens) were used for privacy and ventilation. Letter IV: Emotional Reunion and Conflict:  Mother’s Visit: After six months, Mahomet’s mother visited him at the camp, pleading for him to return home. Despite her emotional appeals, Mahomet chose to stay with Captain Baker. This scene reflects his internal conflict between his family loyalty and his growing sense of duty to the military.  Gift from Baker: In a gesture of kindness, Baker gave Mahomet four hundred rupees to give to his mother as a parting gift. This highlights Baker’s benevolence and the patron-client relationship that Mahomet had formed with him. Daily Life and Military Structure:  Routine in the Camp: Mahomet describes the daily exercises and military drills in the camp. He also notes the affection and kindness shown to him by the officers, particularly Captain Gravely, who took a special interest in him. Mahomet was often dressed in regimentals (military uniforms) and participated in the military routines.  Mother’s Continued Pleas: Despite several attempts by Mahomet’s family to bring him back, including an offer of four hundred rupees from his brother, Mahomet remained in the camp, demonstrating his commitment to the military lifestyle. Baker’s refusal to accept the rupees highlights his integrity, as he gives Mahomet the money instead to help his mother. Letter V: Move to Denapore and Skirmishes with Marathas:  Relocation to Denapore: After six months in Bankeepore, Mahomet’s regiment moved to Denapore, where the remaining companies of Europeans and Sepoys were stationed. The fort at Denapore is described as having a mud fort with cannons and barracks for the soldiers.  Military Exercises: Mahomet describes the routine military maneuvers and exercises performed by the army. Colonels Morgan, Goddard, and Tottingham commanded the forces, while the army was largely engaged in field exercises due to the lack of external disturbances.  Skirmishes with Marathas: Mahomet recounts a military engagement with the Marathas at Chrimnasa. The army, commanded by Colonel Leslie, set out with the baggage and military stores, protected by a company of Sepoys. Local laborers, such as Lascars (who handled the tents) and Cooleys (who cleared roads), accompanied the regiment. Letter VI: Camp at Fulwherea and Local Raids:  Encampment at Fulwherea: The army encamped at Fulwherea, a spacious plain adapted for military use. The camp stretched for two miles, and Mahomet provides an extensive description of the camp’s structure, with tents arranged for Europeans and Sepoys in separate divisions.  Raid by Local Villagers: The camp was raided by local villagers, who stole valuable items from the officers and soldiers. Mahomet was kidnapped during this raid but managed to escape after the villagers decided to spare his life. He returned to the camp and recounted his experience to Captain Baker, who was alarmed by the event.  Punishment of Raiders: The villagers who were captured were severely punished, with some having their ears and noses cut off as a deterrent to others. Mahomet describes this harsh punishment as part of the military’s response to the thefts. Letter VII: The March Continues and Encounter with the Faquir:  March to Chrimnasa: The regiment continued its march toward Chrimnasa, encountering refreshing wells and fruit-bearing trees along the way. Mahomet praises  the foresight of the region's former inhabitants, who built these wells for future generations.  Arrival at Chrimnasa: After fifteen days, the regiment arrived at Chrimnasa, where they set up camp by the Ganges. The Marathas fled upon their arrival, allowing the army to settle in peace. Mahomet describes the rural pleasures of the area, noting the delightful countryside and the tranquility of the camp. Visit to the Faquir:  Hunting and Encounter with the Faquir: During a hunting expedition, Mahomet and other officers crossed the river to visit a hermit (faquir) living in a small house on an island. The hermit’s dwelling was neat and compact, measuring only five yards across, with a flat top and battlements.  Simple Life of the Faquir: The faquir wore a long saffron-colored robe, and his venerable appearance—with a long beard and flowing white hair—left a strong impression on Mahomet. The faquir offered the visitors fruit from his garden and lived a simple life, cooking his food on a small fire.  Philosophical Observations: Mahomet admired the hermit’s peaceful existence, contrasting it with the tumultuous military life. The faquir’s serene demeanor and religious devotion left a lasting impact on Mahomet, who reflects on the difference between material wealth and spiritual contentment. Letter VIII: Further Travels and Exploration in Monghyr  Encampment at Monghyr: After staying at Chrimnasa for a few months, the regiment marched to Monghyr in the middle of 1771. Mahomet describes the fort at Monghyr, which is nearly two miles in circumference and overlooks the Ganges. The fort's ramparts provided a defensive position, and Mahomet admired the European barracks inside the fort, built in a square form with hewn stone.  Colonel Grant's Residence: The old palace of Cossim Alii Cawn (likely Mir Kasim Ali Khan) was restored for Colonel Grant. This residence stood as a symbol of British control over former Indian rulers' estates, and Mahomet describes it as being elegantly restored.  Public and Private Life in Monghyr: Mahomet details how artisans near Monghyr provided kitchen furniture for the markets of Bengal. He comments on how many of these artisans lived in small huts, which were typical of natives in various parts of India. Letter IX: Social Life Around Monghyr  European Villas and Houses: Monghyr and its surrounding areas were home to many European gentlemen, including Mr. Grove and Mr. Bateman, who had elegant houses. Mahomet visited Mr. Bateman’s home and describes spending pleasant days in their social circles, experiencing the luxury and grandeur of the British elite in India.   Monuments and Tiger at Peepaharea: Mahomet describes visiting a monument at Peepaharea (likely Pirpahar), where a large tiger was believed to visit every Monday and Wednesday. The tiger’s behavior was seen as a sign of spiritual significance by the locals, adding to their reverence for the monument. This incident illustrates the local superstitions and beliefs that Mahomet observed.  The Cautionary Tale: Mahomet recounts the story of a Lieutenant of Artillery who disrespected the monument by urinating on it, only to be killed in a riding accident shortly afterward. This is presented as a moral lesson about the dangers of disrespecting local religious customs. Letter X: Travels to Calcutta  March to Calcutta: In the beginning of 1772, Mahomet’s regiment left Monghyr and began the march to Calcutta. On the way, they passed through Sitakund, where there were seven baths or wells, two of which were restricted for use by Brahmins. These sacred wells were believed to have healing properties, and Mahomet comments on how they were used by Hindoo pilgrims.  Industry at Bhagalpur: After fifteen days, the regiment arrived at Bhagalpur, which Mahomet notes for its famous textiles such as napkins, tablecloths, turbans, and soucy (a fabric made of silk and cotton). The regiment halted there for four or five days, during which local Cooleys were employed to clear the rugged road ahead.  Conflict with the Pahareas: While stationed in Bhagalpur, Captain Brook led an expedition against the Pahareas, a savage clan inhabiting the mountains. The Pahareas were notorious for raiding travelers, and Brook’s forces captured many of them. The punishments meted out to the Pahareas included whippings and public executions, with some being hanged on gibbets as a deterrent. Letter XI: Further Conflict with the Pahareas  Paharea Raids: As the regiment moved closer to Rajmahal, Mahomet recounts further skirmishes with the Pahareas, who attacked their market people and stole camels, elephants, and horses. The Quarter Masters led a counter-attack, successfully capturing and killing several of the Pahareas. The punishment for those captured was severe, with some having their ears and noses cut off as an example to others.  Cruel Treatment of Animals: Mahomet expresses sorrow over the cruelty inflicted on the animals stolen by the Pahareas. Many of the horses, camels, and elephants were found with iron spikes driven into their hooves, causing them excruciating pain. Despite efforts to treat them, many of the animals died, showing the inhumanity of the Paharea raids. Letter XII: Arrival in Calcutta  Arrival in Calcutta: The regiment eventually reached Calcutta in 1772. Mahomet gives a detailed description of Fort William, which he describes as the largest fort in India, capable of holding ten thousand inhabitants. The fort’s structure is described as a tetragon, with 600 cannons mounted on its walls.   European Influence in Calcutta: Mahomet describes the flourishing city of Calcutta, which had a diverse population including English, French, Dutch, Armenians, Abyssinians, and Jews. The city’s many streets and markets are named, including Lalbazar, Thurumthulla (Dharamtala), Chouringee, and Mochoabazar.  Old Fort and Mint: Mahomet describes Old Fort William, which contained the Company’s stores and a mint operated by Mr. Paxon, where rupees and paissays were coined. Letter XIII: Life at Fort William  Commander’s Residence: Mahomet provides details about the residences of officers inside Fort William, noting that the Commander-in-Chief had a grand edifice within the fort, while other officers lived in well-constructed houses atop the gates. The fort was also equipped with barracks, armories, magazines, and a cannon foundry.  Churches and Docks: The city had several notable churches (English, Armenian, and Portuguese), docks for repairing ships, and a well-established hospital. Mahomet describes the villas and gardens outside the city, which provided a peaceful retreat for the European gentry. Letter XIV: The End of the Journey and Reflections  Short Stay in Calcutta: Mahomet reflects on how brief his stay in Calcutta was, preventing him from providing more information about the manners of the people. He expresses regret at not being able to explore more, as the regiment received orders to march to Barahampore in 1773.  Barahampore Cantonments: Mahomet’s regiment arrived at Barahampore, where the cantonments were located along the Bhagirathi River. The barracks were arranged around a large exercise plain, where soldiers performed their daily drills.  Exploration of Murshidabad: Mahomet briefly mentions visiting Murshidabad, which he describes as a bustling trade center for silk and cotton. The Nabob’s palace stood out as a grand building, adorned with marble arches and musicians playing on the rooftops every morning and evening. Letter XV: The Nabob's Grand Procession  Procession of the Nabob: Mahomet vividly describes a grand procession in which the Nabob of Murshidabad traveled to a temple with three thousand attendants. The Nabob was carried in a palanquin, richly decorated with silver pillars, scarlet velvet, and golden embellishments. Mahomet marvels at the opulence of the Nabob’s attire, which included a diamond-studded dagger and crimson velvet shoes embroidered with pearls.  Cultural Splendor: The music, drums, and ceremonial whisks used to keep flies away further exemplify the luxury and splendor of the Nabob’s court. Mahomet was captivated by the procession and continued to stay in Murshidabad to witness more of the Nabob’s public appearances. Colonial Questions Pages 1-3: Introduction to Colonial Questions  Recent Scholarly Interest: The last two decades have seen a surge in scholarship on colonialism, cutting across literature, anthropology, and history. However, the timing of this interest is ironic because it coincides with the disappearance of colonial empires as a legitimate political force. Scholars are now focusing on colonialism long after it ceased to be politically relevant in the global arena.  One of the driving forces behind the renewed focus on colonialism is to challenge Europe’s self-image. The author explains that scholars are now using the colonial past to expose Europe’s hypocrisy in claiming to be a model of democracy, rationality, and economic progress. These values, which Europe claims as its own, are deeply entangled with the history of imperialism and colonial exploitation.  Author's intention: The author aims to highlight the contrast between Europe’s claims of being a beacon of modernity and democracy and its history of colonial oppression, thereby calling out the contradictions in Europe’s self-narrative. 3. Engaging with Colonialism Beyond Abstractions  The author criticizes how some scholars treat colonialism too abstractly, as if it can be simplified into broad categories like “colonialism” versus “European modernity.” This type of analysis misses the complex, intertwined histories of colonizers and the colonized. The author argues that colonialism should not be viewed simply as a static, isolated phenomenon but as a dynamic process that profoundly shaped both Europe and its colonies. Pages 4-7: Historical Trajectories of Colonialism  Empire as a Terrain of Contestation: The text discusses how Europe’s imperial ambitions oscillated between two opposing forces. On one hand, Europe projected its ideologies (like democracy and rationalism) onto its colonies, hoping to civilize these regions. On the other hand, there was a strong demarcation between the “civilized” colonizers and the “primitive” colonized, reinforcing a hierarchy. This oscillation turned the colonies into a contested space where European ideologies were not only imposed but also challenged and reshaped by the colonized peoples.  Case Study of Saint Domingue: The Haitian Revolution is presented as a powerful example of how colonial subjects challenged European ideologies. Rebels in the French colony of Saint Domingue (Haiti) questioned whether the French Revolution’s “Rights of Man and Citizen” applied to colonial subjects. By doing so, they forced France to reckon with the contradictions in its Enlightenment ideals, effectively “universalizing” the concept of rights. This moment illustrates how colonial movements had the power to alter European ideas themselves.  Colonial Studies’ Challenge to European History: The refusal to treat colonialism as a minor, excisable part of European history challenges traditional historical narratives. However, the text warns that by “unbounding” colonialism and spreading it too thin  across time and space, scholars risk losing the specificity of colonial processes. The text calls for a balanced approach that acknowledges colonialism’s deep-rooted impact on European history without turning it into an amorphous, catch-all category. Pages 8-10: The Colonial Situation and Political Thought  Balandier’s Call for a Comprehensive Analysis: Georges Balandier’s 1951 essay “The Colonial Situation” serves as a starting point. Balandier advocated for analyzing colonialism through a totalizing lens that considered the coercive, structural, and ideological mechanisms at play in colonial rule. He called for a shift in focus from isolated studies of indigenous peoples to the overarching systems of power in colonial societies.  Shift in Scholarly Focus: While Balandier’s call was timely, it was largely ignored at the time because scholars were more interested in the drama of decolonization and modernization. Intellectual attention was focused on the possibilities of transforming “backward” colonial societies into modern nation-states. It was only later, during the post-colonial period, that scholars returned to Balandier’s ideas and began to explore the deeper structural aspects of colonialism.  The Limits of Resistance Narratives: While resistance movements and liberation struggles are important parts of colonial history, the text argues that they should not be the sole focus. Analyzing the underlying structures of colonial power—such as the political, economic, and ideological systems—is crucial to understanding how colonialism operated over centuries. Pages 11-14: The Concept of Identity in Colonial Contexts  Problematic Use of Identity: The text critiques the use of identity as a concept in both colonial and postcolonial studies. In recent years, identity has become a buzzword in academic scholarship, overtaking older categories like urbanization and modernization. However, identity is often used in a contradictory manner: scholars claim it is fluid, contested, and constructed, yet it is also used to essentialize groups (e.g., Serbian, Jewish, or lesbian identities).  Rogers Brubaker’s Analysis: In a collaborative chapter, Rogers Brubaker and the author argue that identity should not be the primary analytical tool in studying colonial societies. Instead, scholars should use a range of conceptual tools to understand different forms of belonging and affinity. Identity as a concept is too broad and often conflates multiple meanings, making it analytically weak.  Understanding Affinity and Group Belonging: The text calls for a more nuanced approach to studying group identities. Instead of lumping all forms of group belonging under the term “identity,” scholars should examine why certain affinities lead to rigid group boundaries and antagonism in some cases, while others lead to more flexible and fluid networks. For example, in colonial societies, some people formed tight-knit,  antagonistic groups based on racial or ethnic identity, while others operated in more diffuse, overlapping networks. Pages 15-18: Globalization and the Legacy of Modernity  Critique of Globalization as a New Phenomenon: The text challenges the dominant narrative that globalization is a new, inevitable force in the modern world. The author points out that long-distance interactions have existed for centuries, particularly during the colonial era. What is often labeled as globalization is merely an extension of older forms of transnational interaction, albeit with different technologies and scales.  Flawed Modernization Theory: The chapter revisits the modernization debates of the 1970s, which framed the world as moving towards convergence with Western norms. Modernization theory posited that traditional, “backward” societies would eventually adopt Western political, social, and economic systems. This theory has been critiqued for being teleological and Eurocentric, assuming that all societies are on the same linear path toward modernity.  Confusion in the Modernity Debate: Modernity is still a central concept in postcolonial studies, but it is now viewed with suspicion. The term “colonial modernity” has been used to describe the imposition of Western-style modernity on colonized societies, often with negative connotations. However, this framing is still problematic because it continues to privilege Europe as the producer of modernity, while treating other regions as mere recipients. Pages 19-21: Alternatives to Modernity and the Debate on Progress  Partha Chatterjee’s Argument: The Indian scholar Partha Chatterjee critiques the idea that Europe remains the only legitimate producer of modernity. He argues that Indian modernity, shaped through colonial resistance and indigenous cultural forms, has been systematically overlooked by Western scholars. According to Chatterjee, this oversight reflects the ongoing Eurocentrism in postcolonial studies, where the West is still seen as the center of modernity.  Beyond Binaries of Modern/Backward: It argues that this binary thinking—where societies are either “modern” (like Europe) or “backward” (like many non-European societies)—limits our understanding of social and political changes in formerly colonized regions. Instead of measuring other societies against a European model of modernity, the text suggests exploring alternative frameworks that better capture the unique paths and goals of these societies.  For instance, many political movements in Africa and Asia were driven by goals like achieving independence, social justice, or economic equality rather than simply adopting European-style modernity. These movements often had their own visions of progress and development that did not fit neatly into the European model of modernity. So, the critique is about broadening our perspective to appreciate diverse forms of social and political change beyond the Eurocentric framework. Pages 22-24: Imperial Space and the Political Imagination  Pan-Africanism and Non-Territorial Movements: This section explores how movements like pan-Africanism, pan-Slavism, and pan-Arabism offered alternatives to the territorial politics of European empires. These movements imagined political affinity that transcended national borders, challenging the European notion that political organization must be tied to territory.  Challenging the Nation-State Model: The text critiques the assumption that the nation-state is the natural successor to empires. This backward projection distorts how we understand the diverse forms of political organization that existed within empires. For example, empires like the Ottoman or Austro-Hungarian did not operate like modern nation-states; instead, they were complex, multi-ethnic, multi-linguistic entities that balanced incorporation with differentiation.  Imperial Politics of Inclusion and Exclusion: Empires were not merely oppressive structures; they were also spaces of political negotiation. For example, colonized elites often engaged with imperial ideologies to secure rights and resources for their communities. The text argues that focusing solely on resistance overlooks the ways in which colonized peoples used the tools of empire to assert their claims. Pages 25-28: Political Movements within Empire and the Role of Labor Movements  Labor Movements in French West Africa: One of the key examples provided is the labor and political movements in French West Africa during the 1940s and 1950s. These movements seized on the language of French imperialism to demand equality for African workers. They argued that if the French Empire claimed to be a unified political entity, then African workers should receive the same wages and social benefits as their French counterparts.  Shaping Imperial Policies: These demands challenged the French government to either give up its imperial claims or face an unpayable bill of social and economic demands from its colonial subjects. The text illustrates how political movements within empires were able to reshape imperial policies, forcing colonial powers to reconsider their relationships with their subjects.  Power Dynamics in Imperial Frameworks: The author argues that power in colonial settings was never rigid. While colonial regimes wielded significant power, they were also subject to internal pressures from both colonized and metropolitan actors. The demands of labor movements, anti-colonial activists, and other social groups often forced imperial governments to make compromise, revealing the fluid and contested nature of imperial power. Pages 29-32: Critique of Ahistorical Colonial Narratives  Story Plucking and Leapfrogging Legacies: The text criticizes the tendency in some postcolonial scholarship to engage in what it calls “story plucking” and “leapfrogging  legacies.” Story plucking refers to the selective extraction of colonial events or narratives without considering their broader historical context. Leapfrogging legacies involves drawing direct causal links between colonial policies and contemporary issues while skipping over intervening historical periods.  Example of Haitian Revolution: The Haitian Revolution is used as an example of an event often ignored in postcolonial critiques of European modernity. While postcolonial scholars critique the Enlightenment for its association with imperialism, they often overlook how the Haitian Revolution influenced debates about citizenship and human rights in Europe and the Americas. This omission reinforces the Eurocentric view that human rights are a European creation, ignoring the role of colonized peoples in shaping these ideas.  Moving Beyond Simplistic Binaries: The text calls for a more nuanced approach to studying colonialism that moves beyond simplistic binaries like modernity vs. tradition, or colonizer vs. colonized. It argues that colonialism was a dynamic process involving multiple actors, ideologies, and forms of resistance. By focusing on these complexities, scholars can develop a more accurate understanding of the colonial experience. Pedagogy of Violence 1. Introduction: Lord Dalhousie and Awadh (Opening Context)  The text starts with Lord Dalhousie, governor-general of India, observing Awadh’s annexation, a significant topic in British administrative circles by 1855. Evangelicals Commented [SJ1]: Protestant reforma on for biblical and liberals were urging for annexation due to perceived misgovernance. conversion  Dalhousie’s Vision of Governance: While Dalhousie had progressive views on India’s eventual self-governance, he believed the current state of affairs required direct British control, reflecting the liberal notion of a “civilizing mission.” He recorded that India was incapable of governing itself in 1855 but could evolve towards this goal. 2. Norms, Sovereignty, and Legal Justifications for Imperialism  The rise of comparative governance created two ideas of norms: o Empirical norms (prevalent conditions): Allowed British authorities to measure Indian governance and determine if it met global standards. o Normative ideals (desired conditions): Policies aimed at aligning deviant cases, like Indian states, with the European idea of governance.  Justifications of Intervention: The British used a combination of empirical data and norm-exception theories to justify intervention, claiming certain regions deviated from the standard and thus required British governance. 3. The Pedagogy of Violence and Culture   Imperial practices in the 19th century established a twofold educational model for colonized states: o Violence: Often used to impose order and discipline. o Culture: A softer approach that included legal, social, and educational reforms, aiming to "civilize" the colonized.  Debates of Imperialism: The document notes that imperial governance often oscillated between the use of violence and cultural reform, with ongoing debates about how and when each approach should be applied. 4. The Evolution of International Law and Positivism  19th Century Shift: A transition occurred from natural law theories to legal positivism, where only laws created by sovereign authorities were seen as legitimate. This redefined how European powers viewed treaties and interactions with non- European states.  John Austin’s Legal Positivism: Claimed that only sovereign states could make valid legal transactions. Non-European states were often excluded from this category, meaning treaties with them were seen as flexible and subject to revision.  Impacts on Sovereignty: Eastern rulers (like Indian princes) who had treaties with European powers were often viewed as lacking full sovereignty. This legal shift allowed European powers to override previous treaties when it suited their colonial interests. 5. Expansion of British Power: Annexation Strategies  Lord Wellesley’s Doctrine of Paramountcy: Starting in the late 18th century, Wellesley aggressively expanded British control, particularly in Mysore, Awadh, and Maratha territories, justifying annexation through claims of superior governance.  Military Expansion: Under Wellesley and later Dalhousie, the British annexed vast territories, justified by arguments that local rulers were failing their people. The Company began annexing not only through treaties but also via conquest and diplomacy, expanding its territory to 50,000 square kilometers annually under Wellesley. 6. Moral and Legal Justifications of Imperialism  Malcolm’s Defense of British Rule: Malcolm arguedng that the British presence, though initially motivated by self-preservation and material gain, brought stability and prosperity to regions like Awadh. He claimed that British governance was a "blessing" for people tired of local conflicts and misrule.  The Doctrine of Lapse: Introduced by Dalhousie, this policy allowed the British to annex Indian states if their rulers died without male heirs. States like Satara, Nagpur,  and Jhansi were annexed under this doctrine, which Dalhousie argued was essential for consolidating British military and administrative control in India. 7. The Case of Awadh: Internal Structure and British Influence  Awadh's Subordination: By the late 18th century, Awadh had become a puppet state under British control, with its rulers dependent on the East India Company. The Nawab of Awadh was forced into treaties that limited his autonomy while giving the Company commercial and military privileges.  British Dual Authority: Awadh was essentially governed by two authorities—the Nawab’s administration and the British Resident. Over time, the British Resident exerted more control, and by the early 1800s, the Nawab was reduced to a ceremonial figure, while the British controlled key decisions, including trade, military recruitment, and governance. 8. Evangelical Influence on Annexation  Evangelical Reformers: British Evangelicals in the mid-19th century advocated for moral reforms and criticized the lifestyle of Indian princes, such as the Nawabs of Awadh, whom they portrayed as lazy, immoral, and incapable of governance.  Charles Jackson’s Critique: Evangelical voices like Charles Jackson condemned Indian rulers for their indolence and decadence, reinforcing the notion that British governance was necessary for India’s progress. They claimed Indian rulers, such as the last Nawab of Nagpur, were overly focused on personal pleasure and incapable of administering their states effectively. 9. Dalhousie’s Annexation of Awadh (1855-56)  Sleeman’s Report on Awadh: Colonel William Sleeman was dispatched by Dalhousie to report on the administration of Awadh. His findings were highly critical, describing widespread corruption, mismanagement, crime, and a decadent ruler (Nawab Wajid Ali Shah) more interested in art, music, and poetry than governance.  Sleeman’s Justifications: Sleeman argued that the people of Awadh would welcome British intervention, believing that the Company’s administration would bring stability and order. His report recommended that the Company take control of the state to protect the people from misrule.  Dalhousie’s Response: Armed with Sleeman’s report, Dalhousie moved towards annexation but was careful to frame it as a legal necessity. He argued that the Nawab’s consent should be obtained to make the annexation appear voluntary, avoiding backlash from British Parliament and critics. 10. Outram’s Confirmation and Final Annexation  In 1855, Colonel James Outram replaced Sleeman as Resident of Awadh and issued a new report, largely confirming Sleeman’s findings. Outram’s report focused on the administrative chaos, lack of public works, and corrupt judiciary in Awadh, concluding that the British had no choice but to intervene.  Public Opinion and Annexation: By the time of annexation in 1856, British officials and public opinion had largely accepted the need for intervention. Outram emphasized the moral duty of the British to protect the people of Awadh from their own incompetent rulers. 11. Legal and Moral Debates Around Awadh’s Annexation  Dalhousie’s Dilemma: While Dalhousie strongly favored annexation, he faced opposition from within the Governor-General’s Council. Some members argued that outright annexation would be politically damaging and suggested that the Nawab’s sovereignty should be respected.  John Peter Grant’s Criticism: Council member Grant criticized Dalhousie’s approach as a "political fiction," arguing that the plan to extract the Nawab’s consent was hypocritical. He highlighted the moral obligation of the British to end their complicity in Awadh’s misgovernance but also questioned the ethics of annexation. 12. Sovereignty and International Law: The Broader Imperial Context  The annexation of Awadh and other Indian states reflected a broader imperial strategy in the 19th century, where European powers justified their territorial expansions by questioning the sovereignty of non-European states.  Protectorate System: The British established a system of protectorates, where local rulers retained nominal control while British authorities handled governance and foreign policy. This system allowed the British to avoid the burdens of direct administration while still maintaining effective control over regions like Awadh. 13. The Aftermath of Annexation and British Control  Wajid Ali Shah’s Fate: After the annexation of Awadh in 1856, Nawab Wajid Ali Shah was deposed and sent into exile in Calcutta. His removal marked the end of Awadh’s sovereignty and its absorption into the British Empire.  British Public Debate: In Britain, the annexation of Awadh sparked debates about the morality of imperialism. Critics argued that the British had violated their treaty obligations, while defenders claimed that the annexation was necessary to protect the people from their own corrupt rulers. 14. Conclusion: The Pedagogy of Violence in British India  The annexation of Awadh serves as a case study in the pedagogy of violence, where the British used force, legal manipulation, and moral justifications to expand their empire. Dalhousie’s policies of territorial consolidation and paramountcy laid the foundation for further British expansions in India.  Empire’s Law: The document concludes with a discussion on how British imperialism in the 19th century reshaped international law and the concept of sovereignty. By declaring Indian states like Awadh as "exceptions," the British could justify their annexations and consolidate their empire. Theories of conquest, imperialism, and interference didn’t arise out of a mechanical framework. It emerged through interaction, challenges, and engagement. Modernity is not steamrolled over the world, it is cultivated. The colonial subjectivities were multifaceted, the native elites were not just pawns of chess, they were active participants. Colonialism was a relational force of power Shooting an Elephant" by George Orwell There is confusion in the text which dignifies the text, at least minimally. Otherwise, it would’ve been a purely racial text. This confusion is about whether he wants to kill the elephant or not. The laughter of the natives would hurt much more than killing the elephant. Imperial Subjectivity:  Orwell narrates his experience as a sub-divisional police officer in Moulmein, Burma (now Myanmar), where he was hated by the local Burmese population due to his role in enforcing British colonial rule.  He secretly sympathized with the Burmese and resented the oppressive British Empire, which put him in a conflicted position. He saw the "dirty work of Empire" up close and felt guilty for being part of it. Imperial Power:  Orwell identifies himself as an instrument of oppression, carrying out the Empire’s orders. As an imperial officer, he becomes a cog in the machine of colonialism.  He experiences a sense of guilt for inflicting violence but still uses racist language (e.g., "yellow faces"). Despite his internal conflict, he is unable to fully connect with the natives or find solidarity with them. Week 3 Rohit De ‘south Asian legal traditions’ I. Diverse Legal Traditions in South Asia  Legal Pluralism: South Asia’s legal traditions include Hindu, Muslim, Buddhist, tribal, and colonial systems. None of these traditions has entirely replaced the others, leading to a system of coexistence.  Influences: The region also reflects Jain, Zoroastrian, French, Portuguese, and Roman- Dutch legal influences, showcasing a complex legal landscape. II. Hindu Law (600 BCE – 12th Century AD)  Nature of Hindu Law: Hindu law is not based on a specific doctrinal event or central lawgiver but operates as a family of laws at various levels.  Concept of Dharma: Dharma encompasses appropriate behavior, duties, moral conduct, and obligations, making Hindu law broader than a simple legal code. Texts like the Dharmasastra and Manusmriti guide behavior but leave ambiguity regarding their influence on day-to-day governance.  Decentralized Governance: Village communities often resolved disputes based on local customs, separate from formal legal systems.  Absence of a Legal Profession: There was no distinct class of lawyers. The king was responsible for delivering justice, with no need for specialized legal representation. III. Islamic Law and the Mughal Period  Introduction of Islamic Law: Islamic rule began in the 11th century, with the Mughal Empire (1526–1707) being the most influential.  Sharia Law: While Sharia law governed Muslims, it was not rigidly applied, especially to non-Muslims. Principles of Sharia influenced broader society, and Hindu merchants and women invoked it for property rights.  Local Assemblies: Despite centralized Mughal rule, local assemblies like panchayats continued to resolve disputes in rural areas.  Emergence of Vakils: A class of men known as vakils acted on behalf of others, similar to lawyers, though not necessarily in court. IV. British Colonial Legal Systems 1. Transformation through Rule of Law: o The British displaced traditional authorities and introduced civil courts with formal procedures based on equality and contractual relationships. This clashed with the social relationship-based system of Indian society. o Litigation became widespread and even speculative, leading the British to regulate behavior through increased fees and stricter court processes.  2. Personal Law Domain: o The British established personal law domains, applying Hindu and Muslim laws to areas like inheritance and marriage. o Over time, native judges were removed from courts, creating a reliance on translations and codified versions of local laws. This reified and static interpretation of Hindu and Muslim laws came to be known as Anglo-Hindu law. 3. Transformation of Customary Law: o The colonial state codified customary law in tribal areas, altering traditional practices. An example is the transformation of legal systems in Sri Lanka, where Roman-Dutch law coexisted with English and customary laws post-British conquest. 4. Growth of the Legal Profession: o The modern legal profession in India grew rapidly, with Indians staffing lower- level legal positions and eventually dominating the bar and bench. Lawyers also played a key role in the Indian independence movement. V. Postcolonial Legal Systems 1. Independence and Constitutional Framework: o After independence, India, Pakistan, and Sri Lanka adopted republican constitutions with enforceable bills of rights and judicial review powers. This led to tensions between the judiciary and the executive, especially regarding amendments to fundamental rights. 2. Continuation of Colonial Governance: o Despite independence, many colonial institutions, like the police and army, remained largely unchanged. The executive retained powers to declare emergencies and suspend fundamental rights, reflecting colonial-era governance. 3. Equality Before Law: o The post-independence constitutions proclaimed all citizens equal before the law. India abolished untouchability and introduced affirmative action, but personal laws often conflicted with constitutional principles of equality. 4. Legal Reforms and Challenges: o Gender Justice: Reforms like the Hindu Code Bill in India and the Family Law Ordinance in Pakistan aimed to address gender inequalities. However, the introduction of sharia-based Hudood Ordinances in Pakistan faced resistance and was repealed in 2006. o Public Interest Litigation (PIL): India’s judiciary introduced PIL, expanding constitutional rights and influencing legal developments across South Asia.  o Challenges in the Legal System: Despite a vibrant constitutional court system, lower courts remained marked by corruption, delays, and backlogs, a legacy of colonial-era procedural laws. Key Takeaways:  South Asia has a pluralistic legal landscape that incorporates diverse religious and colonial legal traditions.  Hindu law evolved through dharma-based principles, while Islamic law during the Mughal period intertwined with local norms.  British colonial rule significantly transformed legal systems, introducing codified laws and a modern legal profession.  Postcolonial legal orders adopted constitutional frameworks, but many colonial institutions and governance techniques persisted, posing ongoing challenges to justice, equality, and legal reform. Bernard Cohn Introduction to the Colonial State in India  East India Company and State Creation: In the latter half of the 18th century, the British East India Company was forced to create a new state mechanism to administer the territories it acquired through conquest or accession, a task unprecedented in British constitutional history.  Contrast with Other Colonies: British colonies in North America and the Caribbean had governance systems that were largely extensions of the political and legal structures of Great Britain. These colonists were regarded as English or British, and their laws reflected British law. Indigenous populations in North America were quickly subdued and presented a military and political problem rather than a legal one.  Irish Colonial Problems: The only other experience the British had with a colonial problem requiring innovation was Ireland, where a Protestant landholding elite was established to control the native Catholic population. Instrumentalities of Rule in Colonial India  Absence of Colonial Precedent: Unlike previous colonies, the issues posed by the rise of the East India Company as a territorial power in India after the Battle of Plassey (1757) could not be analogized to previous colonial experiences.  Nature of Indian Sovereignty: British officials acknowledged that India had a declining but recognizable state system with entrenched institutions and a long-standing civilization, unlike the native populations of the New World. Thus, the British considered that some Indian state forms should be adopted.   Key Resources and Market System: India’s wealth came from labor rather than natural resources, with a well-developed market system. The East India Company took over the state's financial resources by collecting taxes, using these revenues to support military buildup and defend against adversaries.  Acquiring Sovereign Attributes: Over time, the East India Company adopted state functions like waging war, making peace, raising taxes, and administering justice. A crucial question arose: could a (EIC) private company act as a state based on royal charters? What responsibility did the company have toward its Indian subjects? Commented [SJ2]: grant issued by a monarch Debates and Dual Sovereignty  Royal Grants and Legitimacy: There was a debate over whether the East India Company, a private entity, could wield sovereign powers based on royal grants. By 1785, a dual principle of sovereignty emerged: the company administered territories in its own name for the profit of stockholders but under parliamentary regulations. Employees owed allegiance to the Crown, but Indian subjects did not.  Grant of Dewani in Bengal: The 1765 grant of Dewani (the right to collect revenue) from the Mughal emperor allowed the company to become responsible for Bengal’s revenues. However, there was ongoing debate about the legitimacy of this arrangement and the company’s responsibilities. Administrative Challenges and Contradictions  Company Directors’ Concerns: British officials were skeptical of their ability to collect Indian revenues, fearing they would be outwitted by “subtle natives.” The British attempted to supervise the collection without understanding the complexities, leading to dependence on Indian subordinates.  Journey into the Unknown: The British encountered feudal rights and obligations that defied Western interpretation, struggling to understand ancient texts and the local language. The system baffled British officials, who relied on Indian intermediaries to manage revenue collection. Revenue Collection and Famine  Taxation and Mismanagement: British attempts to control land revenue collection after 1765 led to disastrous consequences, including a major famine in Bengal. Mismanagement caused a breakdown in agriculture, leading to widespread devastation and uncultivated wastelands.  Law and Order Breakdown: The famine weakened law and order, with roving gangs (dacoits) terrorizing the helpless peasantry. The British faced difficulties in maintaining control, leading to further disorder and instability. Warren Hastings’ Reforms (Governor-General, 1772)  Stabilizing Bengal Governance: Warren Hastings was appointed governor-general under a new parliamentary act, tasked with placing Bengal’s governance on stable footing. Hastings faced the challenges of Indian complexities and British corruption.  Creation of the District Collector: Hastings introduced the role of the "collector," who would have both executive and judicial powers in a district, managing taxation and maintaining law and order. The boundaries of districts followed Mughal revenue units (circars), reflecting Hastings’ attempt to integrate British control with Indian traditions.  Hastings’ Ideals: Hastings believed that the Mughal system had been effective but had fallen apart due to war and mismanagement. His knowledge of Indian administrative practices led him to believe that Indian institutions could be adapted to British governance. Legal and Administrative Innovations  Collector’s Role in Courts: The British collector presided over civil and criminal courts. In civil matters (Dewani courts), Hindu law was applied to Hindus, and Muslim law to Muslims. Criminal law (Faujdari courts) was based on Muslim law, but Hastings’ innovations required the collector to work with Indian legal officers like the dewan and pandit.  Legal Texts and Interpretation: Hastings sought to codify Indian legal traditions, believing that there were legal texts in both Hinduism and Islam that could serve as authoritative codes. British officials would apply these laws with the help of legal specialists. The Despotic Model of Indian Governance  Despotic Perception of Indian Rule: British officials like Alexander Dow portrayed Indian governance as despotic and arbitrary, with rulers holding unchecked power. Dow argued that the instability of Indian empires was due to the lack of law and public spirit, where property and honors were granted and revoked at the will of the ruler.  Lack of Institutional Checks: The British believed that the absence of primogeniture Commented [SJ3]: state of being the firstborn child and hereditary honors in India led to constant power struggles. The Mughal system was seen as lacking institutions like European states that could check the ruler’s arbitrary power. India as a Theocracy: Hastings’ Countermodel  Religious Law as Governance: Contrary to the despotic model, Hastings and his colleagues developed a countermodel where India was viewed as a theocratic state governed by detailed religious laws. Hindu and Muslim legal traditions were seen as extensive, with sophisticated texts and legal scholars maintaining these traditions.   Preservation of Indian Laws: In response to parliamentary calls for British law to replace Indian law, Hastings argued that British law was too complex and inappropriate for India. He believed that Indian laws were intact and should continue to govern Indian society. Compilation of Hindu Law  Gentoo Code of Laws: To facilitate the administration of justice, Hastings persuaded pandits to compile a code of Hindu law from Sanskrit texts. This code, translated into Persian and then English, became the basis for British judges to apply Hindu law in district courts.  Translation Challenges: The translation process from Sanskrit to Persian to English was fraught with difficulties, but it was necessary to make Indian law accessible to British officials. Sir William Jones’ Contribution to Indian Law  Jones’ Judicial Reforms: Appointed as a judge in Calcutta in 1783, Sir William Jones believed that Indian legal traditions should be preserved and codified, with British oversight. Jones argued that British law should not be imposed on Indians, as this would be tyrannical.  Codification of Hindu and Muslim Law: Jones aimed to compile a comprehensive digest of Hindu and Muslim law to ensure that British judges could apply these laws fairly in colonial courts. His goal was to provide transparency and standardization while preserving Indian traditions. Jones’ Search for Legal Certainty  Creating a Fixed Body of Law: Jones sought to create a standardized body of Hindu and Muslim law, objectified through codification. He aimed to prevent Indian legal specialists (pandits and maulavis) from manipulating the law for their benefit.  Digest of Hindu and Muslim Law: Jones proposed a plan to compile authoritative legal texts, which would serve as the basis for legal judgments in colonial courts. His plan was modeled on Roman law compilations and aimed to provide British judges with clear guidelines for administering justice. Development of Hindu Law Under British Rule  Contradiction in British Approach: While British law was flexible and case-based, Jones believed that Hindu law was fixed and unchanging, derived from ancient texts. This led to a misconception that Hindu law was static and could be codified in a way that British law could not.   Authority of Ancient Texts: The British, including Jones, believed that the most authoritative legal texts were those that were oldest. The sanctity of Hindu law was seen to derive from its antiquity and its association with religious texts written in Sanskrit. His understanding of shastric texts surpassed that of Sir William Jones. Unlike Jones, who saw Hindu law as a set of legal norms, Colebrooke viewed it as primarily concerned with moral duties and forensic law, offering flexibility through Mimamsa, a method of resolving conflicting interpretations. He recognized regional variations in Hindu law and proposed that these were akin to the schools in Muslim law, though later critics, like Ludo Rocher, argued that this was a British invention. Colebrooke found flaws in the existing Hindu law compilations, including those under Jones’s direction, as they failed to reconcile differing opinions across schools. He emphasized the need for chronological and authoritative legal texts to guide British courts. Despite his efforts, the chronology of Hindu texts remained uncertain, and over time, Hindu law was increasingly interpreted through British case law practices. By 1864, after judicial reforms and the abolition of Hindu and Muslim law officers, Hindu law had effectively been transformed into English- style case law. Colebrooke’s and Jones’s initial goal of preserving the "ancient Indian constitution" had ironically resulted in the imposition of English law on India. Julien Stephen 1. Genealogy of Personal Laws and British Legal Reform  William Bentinck’s Reforms: Bentinck promoted direct intervention in Indian law, significantly shaping British legal governance in the 19th century. His reforms were part of broader changes that sought to modernize India’s legal system while addressing the complex relationship between British imperial goals and indigenous legal traditions.  Emergence of Personal Laws: The concept of personal laws was partly influenced by romanticism, where legal intellectuals began emphasizing the need to preserve the "organic integrity" of local institutions. Drawing analogies from Europe’s medieval past, the argument emerged that South Asia was at a pre-modern stage of legal development, similar to Europe after the fall of the Roman Empire.  Romanticism vs. Lex Loci: Romantic legal thinkers argued for preserving non- uniform laws, drawing on the historical narrative of Germanic tribes allowing native laws to persist. In contrast, the lex loci principle (one sovereign, one law) sought uniformity in law. The compromise of personal laws emerged from this tension, allowing indigenous laws in family matters while British codes dominated other areas. 2. The Narrowing of Muslim Law  Transformation in the 1820s-1860s: During the "Age of Reform" in the 19th century, British legal governance narrowed the scope of Muslim law to personal matters (marriage, inheritance, family). Muslim law was communalized and domesticated, excluded from areas such as criminal jurisdiction.   Codification and Secular Governance: British officials saw legal reform as part of their civilizing mission, driven by evangelical influences. They aimed to distinguish between the laws governing the market and family, leading to the marginalization of Muslim law in public life. By 1864, the Indian Law Commission specified that Hindu and Muslim laws would only apply to religious usages and family law, solidifying secular legal governance. 3. Romanticism and Preservation of Local Laws  Preserving Legal Plurality: Romantic legal scholars romanticized local villages and customs, arguing for the preservation of local laws that were seen as attached to persons rather than territory. They viewed South Asia as similar to medieval Europe, with laws reflecting a more personal, pre-modern legal system.  Artificial Division: British reforms created an artificial distinction between public and private, market and domestic matters. The British codified commercial law while relegating personal matters to the domain of religious law. This gave the illusion of preserving legal plurality but effectively limited the scope of indigenous law.  Personal Laws as a Concession: The British allowed the application of personal laws in family and religious matters, but this was a concession rather than a true preservation of legal diversity. The personal law system hollowed out the potential for legal pluralism by limiting its scope and ensuring British legal dominance in other spheres. 4. The Domestication of Personal Laws Post-1857  Crown’s Modernization Efforts: After the 1857 rebellion, the British Crown sought to modernize India’s economy and legal system. They saw the rebellion as partly fueled by religious opposition and sought to reduce the influence of religious law in governance. The separation of market law (secular) and family law (religious) became a key aspect of this effort.  Contradictions in British Rule: British legal reforms reflected two contradictory logics: the cultivation of progress (modernization) and the preservation of traditions (personal laws). This dichotomy created tensions in colonial governance, as religion in the early modern period had been deeply interwoven with commerce and capital.  Native Elites and Personal Law: Native elites, particularly those with land and property interests, were invested in maintaining personal laws, especially in matters of inheritance. Personal law was the only domain where native elites could exercise some degree of sovereignty, further entrenching the division between the domestic and economic spheres. 5. Impact of Codification on Religious and Secular Law   Codification of Hindu Laws: When Nehru later codified Hindu law, it was framed as progressive, while uncodified Islamic law was seen as regressive. The codification of Hindu laws, especially under Ambedkar, attempted to introduce progressive reforms (e.g., inheritance rights for women, inter-caste marriage). However, there was significant pushback from Hindu leaders, and Ambedkar opposed these issues addressed reforms in Hindu law’s codification.  Islam’s Reconstitution: In the process of legal reforms, Islamic law and culture were reconstituted. Religion was confined to domestic matters, and laws related to commerce and public life were increasingly secularized and brought under British governance. 6. Macaulay’s Role and Evangelical Influence  Thomas Macaulay and Codification: Macaulay, head of the first Indian Law Commission, was instrumental in the push toward codifying Indian laws. Although he privately rejected religious evangelism, he believed in spreading "English civilization" through legal and educational reforms, framing British rule as serving a Christian civilizing purpose without directly involving the government in religious conversion.  Evangelicalism and Legal Reform: Evangelical thought shaped British legal reforms, particularly in diminishing the role of Muslim law. Evangelicals viewed Indian religions as superstitions that needed to be reformed through British rational law and education. This "secular conversion" was intended to indirectly convert Indians to a moral system compatible with Christianity. 7. Final Shift Toward Secular Legal Governance  Lex Loci Report and Territorial Law: Macaulay’s 1840 Lex Loci Report argued for the supremacy of English law across British India, demoting Muslim law to personal matters for specific religious communities. Although this report wasn’t fully enacted, it reflected the broader push toward codifying laws that could apply uniformly across India.  Personal Law as a Relic of Tradition: By the mid-19th century, personal law was framed as a relic of pre-modern legal systems, preserved as a concession for religious communities. This was seen as a temporary measure until India progressed toward a unified, rational legal system based on territorial law.  Consolidation of Secular Governance: By relegating religious law to personal matters and codifying public law, British colonial rule laid the foundation for secular legal governance in India, where religion became confined to the domestic sphere, and the state took control of public and economic life. 8. Summary of Key Arguments   Legal reforms in the 19th century: Reforms segregated laws of market production (labor, contract) from familial reproduction (marriage, inheritance), thus reconstituting religion and culture in the legal framework.  Legacy of Codification: The artificial division between public and private life, market and domestic law, entrenched British legal sovereignty while preserving a narrow scope for personal laws.  Evangelical and Secular Influence: Both religious and secular motivations shaped the trajectory of legal reform, with British legal reforms framing religious law as irrational and confined to personal matters. Kolsky 1. Introduction to the "White Peril"  James Tickborne Case (1809): A European timber dealer, Tickborne, was convicted of the manslaughter of his servant, Mungrah Aheer. Tickborne had confined Mungrah without food or water for 15 days until his death. Tickborne’s brutal actions exemplified the unchecked violence of non-official Europeans, also known as “white peril,” which posed significant challenges to British imperial stability.  Lawlessness in the Colonial Outpost: Non-official British settlers, like Tickborne, engaged in grotesque violence that the East India Company (EIC) struggled to control. These non-officials operated beyond the formal boundaries of British law, blurring the line between the "civilized" British and the "lawless" natives they ruled over. 2. Colonial Law and the Problem of Non-Officials  Jurisdictional Challenges: The EIC faced difficulties in regulating non-official Europeans, often termed “interlopers,” who were neither employees of the Company nor bound by its authority. Local magistrates had limited power over these individuals, who exploited gaps in colonial law.  Tickborne’s Defiance of British Authority: Tickborne, like many other non-officials, defied the limited jurisdiction of local magistrates. His actions revealed the problem of lawlessness among Europeans in the colonies, where the Company’s legal system could not effectively hold them accountable. 3. British Violence and the Law  The Paradox of the Rule of Law: The British Empire prided itself on the rule of law and its civilizing mission. However, the frequent violence committed by non-official Europeans threatened this narrative. The Company was concerned less with the brutality of the violence itself than with how it undermined British authority.   Imperial Mission and Civilizational Rhetoric: The British used the language of law to legitimize their empire, presenting themselves as more humane and lawful than other European powers, such as the Spanish. However, the widespread violence committed by non-officials contradicted this image. 4. The White Peril and the Empire’s Instability  Lawlessness and Violence: Many non-official Britishers were ex-convicts, defected soldiers, or rogue settlers who engaged in extreme forms of violence and criminality. Their actions disrupted the colonial order, blurring the line between "civilized" Europeans and "uncivilized" natives.  Disrupting the Colonial Binary: Non-official Britishers undermined the colonial narrative that justified British rule through the civilizational mission. They acted more like "savages" than the natives they ruled, challenging the distinction between colonizer and colonized.  EIC’s Control Over White Settlers: While the Company profited from the activities of white settlers like planters, it struggled to control their unruly behavior. These settlers existed in an "in-between space"—they were both essential to the empire’s economy and a threat to its stability. 5. Kolsky's Argument on Lawlessness  Violence and Lawlessness as Central to Empire: Kolsky argues that lawlessness was not external to the empire but embedded within it. The violence of non-officials was part of the everyday functioning of the empire, showing that colonial law did not extend uniformly across society.  Company’s Limited Jurisdiction: Non-official British settlers could not be tried in Company courts and were only subject to trial in the Crown’s Supreme Court in Calcutta, which held sessions quarterly. The logistical challenges of bringing cases to trial meant many settlers acted with impunity.  Restricted Mobility: British settlers were prohibited from living more than 10 miles outside of Calcutta without a license. If found further than 10 miles without permission, they could be deported. However, after the EIC’s monopoly was abolished in 1813, an influx of British merchants and traders led to a doubling of the "white peril" problem. 6. Reconciliation of Colonial Power and Lawlessness  Contradictions in Colonial Power: The colonial state's attempts to maintain law and order were riddled with contradictions. The EIC inflicted brutal violence to maintain control, but non-officials challenged the state's monopoly over violence.   Pressure for Codification: The chaos caused by non-official Britons led to pressure on figures like Bentinck to codify laws and establish clearer legal frameworks. Non- officials lobbied against such reforms, fearing being held accountable by native courts.  Criminal Procedure Code (CrPC): The CrPC was eventually codified, catering to the pressure from non-officials. However, it did not deliver true equality before the law. Instead, a "perpetual state of exception" was created, wherein non-official Britishers continued to escape legal accountability. 7. Imperial Authority and the Misconduct of Non-Officials  The Problem of Control: Despite efforts to regulate non-officials, the Company struggled to exert legal control over Europeans residing in the interior of India. Non- officials committed numerous acts of violence and misconduct against natives, which undermined the Company’s legitimacy.  Deportation as a Solution: The Company’s primary method of dealing with troublesome Europeans was deportation. However, deportation often circumvented the due process of law and was not a lasting solution, as many deportees returned to India. 8. Everyday Violence in Colonial India  Routine Brutality: Everyday acts of violence committed by Europeans, such as beatings, floggings, and wrongful imprisonment of Indian servants and laborers, were widespread. Many of these cases never made it to court, as local magistrates lacked authority over Europeans.  Resistance and Confederacy: Europeans often resisted the Company’s attempts to control them, forming confederacies with other non-officials or even with native gangs. They exploited the legal system’s weaknesses, knowing that the Company had limited power to enforce laws in the interior. 9. Gendered Violence and Imperial Power  Abuse of Indian Women: European men often abused Indian women, challenging the traditional imperial hierarchy where white men were seen as protectors and brown women as vulnerable. Such cases inverted the expected power dynamics, revealing the complexities of colonial rule.  Cases of Sexual Violence: Gender violence, such as the case of Thomas Gallagher (1814), where a Company soldier assaulted an Indian woman, illustrated the prevalence of European attacks on native women. Gallagher was convicted and sentenced to transportation to New South Wales, showing that some perpetrators faced consequences. 10. Kolsky’s Conclusion on Law and Violence  The Central Role of Law in Violence: Kolsky concludes that violence and lawlessness were not peripheral to the empire but central to its functioning. The dual legal system, which exempted Europeans from local jurisdiction, created spaces of impunity where violence could flourish.  Im