Race, Religion, and Law in Colonial India. Trials of an Interracial Family [Review] |
Race, Religion, and Law in Colonial India. Trials of an Interracial Family [Review]
Reviews in History: Covering books and digital resources across all fields of history
October 2012
Peter Robb, Research Professor of the History of India
School of Oriental and African Studies
University of London
Race, Religion, and Law in Colonial India. Trials of an Interracial Family, Chandra Mallampalli, Cambridge, Cambridge University Press, 2011, ISBN: 9781107012615; 286pp.
This book uses the story of one family and its legal battles to uncover relationships between religion, race, gender, identity, and personal law in south India in the first half of the 19th century. Matthew Abrahams was an Indian Roman Catholic of lowly background but increasing wealth. He married an Anglo-Portuguese woman, Charlotte Fox, and adopted what was regarded as a largely ‘East Indian’ (or Anglo-Indian) lifestyle. His money was made from the abkari (liquor) contract, trading in arms and money lending in Bellary and also Kurnool after the annexation of 1839. One of his sons, Charles, was sent to Cambridge University to study for the law. After Matthew’s death, intestate, in 1842, his younger brother, Francis, continued to manage and develop the business. Starting in 1854, suits were brought against Francis by Charlotte and her sons, for possession of Matthew’s estate. They progressed from the Bellary District Court, on appeal to the Sadr Adalat in Madras, and then to the Privy Council in London.
The main point at issue was whether or not Matthew and Francis had operated on a joint family basis, as partners, or as master and servant. It suited Francis’s case to claim that the Abrahams were a joint family, in line with supposed Hindu custom, but also with the alleged practice of many Indian converts to Christianity. It suited Charlotte to insist that Francis had been a mere employee with no rights in his brother’s estate, which therefore ought to devolve according to ‘Christian’ principles. The District Court agreed with Charlotte; the appellant court found for Francis; and the Privy Council cut through both arguments, arguing that personal law ought to follow not inherited traditions but the lifestyle. This final judgment (of 1863) favoured Charlotte on the point of inheritance. But it also supported Francis’s rights as an active partner in business, entitled to rewards at very much the level Francis had offered to accept before the litigation began.
The story is used to advance several themes. The first concerns the conditions of life in the towns and military cantonments of a southern dry zone during a period of transition, from around 1812 to the 1850s. The second covers questions of family life, custom, and identity, particularly among liminal peoples such as the Abrahams, comprising as they did ‘Hindu’ Christians and mixed-race Protestant ‘East Indians’. (A chapter on Charles in Cambridge provides an intriguing but inconclusive footnote to this story.) Finally there are the legal and policy changes in the run-up to the establishment of the Indian High Courts in 1862, and in particular the development of a personal law according to religion – and hence the re-invention or formation of ‘communities’ in British India.
There is much of interest under the first two themes, many details being revealed in the trial papers. Several chapters are devoted to the growing wealth and status of the Abrahams. Bellary, ceded to the Company by Hyderabad in 1800 under the subsidiary alliance, is painted as a frontier place, dominated by the Company’s army and a host of camp followers. A very good impression is conveyed of the intermixture of races and communities. Bellary was clearly changing and offered opportunities to the resourceful, such as Matthew Abrahams. The Rev. John Hands of the non-denominational LMS, who converted Matthew to Protestantism, and who was later known for his translation of the Bible into Kannada, arrived in Bellary in 1810, before the change in the charter that permitted missionaries in Company territories (1813). On his arrival, Hands reported, the settlement already had seven native schools with 300 children.In this milieu, Matthew and then Francis shrugged off any links to an ‘untouchable’ paraiyar ancestry and became dora (big man). Their patterns of marriage and association show, it is suggested, somewhat obscurely, ‘how lower orders of society within an economic dry zone were uniquely suited for various forms and degrees of mixture’ (p. 26). More obviously, the circumstances seem to have provided for upward mobility…
Read the entire review here.
Tags: Anglo-Indians, Chandra Mallampalli, Peter Robb, Reviews in History, Reviews in History: Covering books and digital resources across all fields of history