Racial inequality or discrimination based on it, was pervasive in colonial India. It was prevalent in the judicial system for more than half a century since the late eighteenth century. While the colonial rulers claimed supremacy of the White race it was oxymoronic that the skin color can be the basis of political supremacy. However, racial discrimination and its violence was rampant in day-to-day life, administration, public institutions, police, military, and judiciary. It affected the common people and urban elites. Based on the prejudiced ‘master race’ hypothesis (rooted in the post-Victorian ideology) this colonial construct was, in practice, a tool for subjugation of the Indians and the exploitation of their resources and livelihood. From the late eighteenth century when the judicial institutions were introduced, racial discrimination was legalized by successive laws, regulations, and directives. It was based on the distinction between the British-born White men (and other Europeans, and the Americans too) and the India-born subjects. In the judiciary, the British-born subjects were given privileges, enjoyed exceptions, and preferential protection at the cost of exclusion of the Indian subjects. With the change of government in Britain, and because of public protest and resentment too, sometimes positive reforms were introduced in the Indian judicial system, but discrimination remained in one form or another. With an interdisciplinary perspective, this essay analyses the evolving nature of racial inequality and discrimination in colonial India with reference to one major institution i.e., the judiciary. I argue in this essay that race or color, paradoxically, was hardly the issue in racial discrimination in India. Racial discrimination in India was a tool of colonial exploitation and plunder, and a mechanism of the conqueror for domination over the conquered. Its end was, therefore, inevitably connected with the end of colonialism in India.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Racial Inequality and the Judicial System in Colonial India: Resistance and Abolition

  • Harihar Bhattacharyya

摘要

Racial inequality or discrimination based on it, was pervasive in colonial India. It was prevalent in the judicial system for more than half a century since the late eighteenth century. While the colonial rulers claimed supremacy of the White race it was oxymoronic that the skin color can be the basis of political supremacy. However, racial discrimination and its violence was rampant in day-to-day life, administration, public institutions, police, military, and judiciary. It affected the common people and urban elites. Based on the prejudiced ‘master race’ hypothesis (rooted in the post-Victorian ideology) this colonial construct was, in practice, a tool for subjugation of the Indians and the exploitation of their resources and livelihood. From the late eighteenth century when the judicial institutions were introduced, racial discrimination was legalized by successive laws, regulations, and directives. It was based on the distinction between the British-born White men (and other Europeans, and the Americans too) and the India-born subjects. In the judiciary, the British-born subjects were given privileges, enjoyed exceptions, and preferential protection at the cost of exclusion of the Indian subjects. With the change of government in Britain, and because of public protest and resentment too, sometimes positive reforms were introduced in the Indian judicial system, but discrimination remained in one form or another. With an interdisciplinary perspective, this essay analyses the evolving nature of racial inequality and discrimination in colonial India with reference to one major institution i.e., the judiciary. I argue in this essay that race or color, paradoxically, was hardly the issue in racial discrimination in India. Racial discrimination in India was a tool of colonial exploitation and plunder, and a mechanism of the conqueror for domination over the conquered. Its end was, therefore, inevitably connected with the end of colonialism in India.