LEGISLATIVE

CODIFICATIONS WITHIN
THE DOMAIN OF PERSONAL
LAWS
1850- 1950
 Political
• Mark the nation’s undercurrents • The process was
struggle for initiated with
independence • Women’s rights codification of laws.
• Edifice of personal within the realm of • Although there was
laws was built family laws is a distinction between
entrenched within public and private.
The hundred these undercurrents
Company to
years 1850-
the Crown
1950
• ….in all suits regarding inheritance, marriage, caste and
other religious usages or institutions, the law of the Koran
with respect to Mahomedans, and those of the Shaster with
respect to Gentoos shall be invariably be adhered to.

-Warren Hastings

Aug. 15, 1772

FROM THE COMPANY TO THE CROWN
Queen Victoria’s Proclamation of 1858
 From the Company to the Crown

• We do strictly charge and enjoin all those who may be in authority under
us that they abstain from all interference with the religious belief or
worship of any subjects on pain of our highest displeasure.

Queen Victoria’s Proclamation

1858
The Government of India Act, 1858
What the Britishers tried to maintain

Codification

Criminal
Civil Law
Law

Commercial Religious or
Regulating
and Canon or
Crime and
Economic Personal
Punishment
Transactions Laws
 Some major laws
• Codification of law increased- Between 1861-1889 almost 211 enactments
were formulated.
• The Indian Penal Code, 1860
 Indian Evidence Act, 1872
 Criminal Procedure Act, 1898
• The Indian Contract Act, 1872
 Specific Relief Act, 1877
 The Negotiable Instruments Act, 1881
 The Transfer of Property Act, 1882
 Establishment
Justice, of Courts
equity and
good
conscience

Case Law &

Stare Decisis

Transformed the local traditions &

usages in unforeseen directions
 Under the new system of adjudication

The Indian Law

Reports Act, 1875
strengthened the
Through this source, already established
inroads were made into practice of relying upon
the realm of personal the rulings of other
Case law became an laws. collateral or superior
important and more courts.
valid source of law
 British influence impacted Indian legal
framework from several dimensions

1.) Sati Regulation Act, 1829

2.) Widow Remarriage Act, 1856
3.) The Age of Consent Act, 1860
4.) Prohibition of Female Infanticide Act, 1872
• Despite the initial policy of non-interference in personal matters, as the
British rule gained acceptance and stability, there was a gradual process
of tampering with the established local customs through various means.

• The legal structure was seen as by the administrators as an important

forte of its civilizing mission.
Years between 1880-1940
Early
champions
Age of Consent for the
Act, 1891 et. al. cause of
women
were Men

Causes Largely
were benefitted
supported the upper
by the class
British women
Sati, Plight
of Widows,
Polygamy,
female
infanticide,
child