India Under British Rule from the Foundation of the East India CompanyWheeler, James Talboys
History
India Under British Rule from the Foundation of the East India Company
Wheeler, James Talboys
India -- History -- British occupation, 1765-1947
§7. The system of judicial administration introduced by Warren Hastings
was equally cautious and experimental. Bengal zemindars ceased to act as
magistrates or judges. The British collector became magistrate and civil
judge.[11] As magistrate he made over all prisoners for trial to a
Mohammedan court, which was created in each district, but over which he
maintained some degree of control. A cazi sat as judge and tried the
prisoners, whilst muftis and mulvis expounded or interpreted Mohammedan
law; but the British collector was present to see that trials were
properly conducted, and perhaps to intercede when the punishment awarded
was barbarous or cruel. This was little more than a reform of the
existing system--such a reform as might have been carried out by an
Akbar or Aurangzeb. For centuries Mohammedan law had been the common law
of Northern India, and Hindu criminal law, with its hideous severities
as regards caste, had been ignored by Mogul rulers, although, no doubt,
caste laws were often enforced by the Hindus themselves.
[Sidenote: Mixed civil courts: collectors, cazis, pundits.]
Civil justice was administered more directly by the British collectors.
In civil disputes, especially as regards inheritance and marriage, the
parties concerned were necessarily guided by their own laws. Accordingly
the collector sat as judge, but was assisted by Mohammedan lawyers in
deciding cases between Mohammedans, and by learned Brahmans, or pundits,
in deciding cases between Hindus. Under most circumstances the cazi or
pundit must often have been the real judge, whilst the British collector
was only the representative of the supreme authority.
[Sidenote: Courts of circuit and appeal.]
Courts of circuit and appeal were also appointed to travel through
different areas, and sit as British judges of assize in both criminal
and civil courts. Here was that same mixture of British and Asiatic
judges as in the collectors' courts. But many changes were made from
time to time in the judicial system, and the whole question will be
better considered hereafter when dealing with the reforms of Lord
Cornwallis, who eventually succeeded Warren Hastings as
Governor-General.
[Sidenote: Chief court or Sudder.]
Meanwhile the Governor and Council still formed the chief court at
Calcutta, and confirmed all capital sentences, or heard appeals in
important civil cases, as in the old times when British authority was
bounded by the Mahratta ditch. From time to time they passed regulations
for the guidance of collectors, and eventually Warren Hastings drew up a
clear and concise criminal code with his own hands. This chief court was
known as the Sudder. It had a civil and a criminal side, and lasted as
an institution down to the latest days of the East India Company.[12]
[Sidenote: Patriarchal justice.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account