Page Links

Translate

Featured Post

SEPARATED FROM ANCIENT INDIA

  SEPARATED FROM ANCIENT INDIA   INTRODUCTION India once known as akhand bharat , what many of us know is pakistan and bangladesh are ...

Tuesday 27 February 2018

Landlords and peasants history


Landlords and peasants history






Introducation
                            Land grants became frequent from the fifth century AD. According to this, the brahmanas were granted villages free from taxes which were collected by the king from the villages.In addition, the beneficiaries were given the right to govern the people living in the donated villages. Government officials and royal retainers were not permitted to enter the gifted villages. Up to the fifth century, the ruler generally retained the right to punish the thieves, but in later times, the beneficiaries were authorized to punish all criminal offenders. Thus, the brahmanas not only collected taxes from the peasants and artisans but also maintained law and order in the villages granted to them. Villages were made over to the brahmanas in perpetuity. Thus, the power of the king was heavily undermined from the end of the Gupta period onwards.
                                                                        In the Maurya period, taxes were assessed and collected by the agents of the king, and law and order were maintained by them. In the initial stage, land grants attest to the increasing power of the king. In Vedic times, the king was considered the owner of cattle or gopati, but in Gupta times and later, he was regarded as bhupati or owner of land. However, eventually land grants undermined the authority of the king, and the pockets that were free from royal control multiplied. Royal control was further eroded through the payment of government officials by land grants. In the Maurya period, the officers of the state, from the highest to the lowest, were generally paid in cash. The practice continued under the Kushans, who issued a large number of copper and gold coins, and it lingered on under the Guptas whose gold coins were evidently meant for payment of the army and high functionaries. However, from the sixth century onwards, the position seems to have changed.
                                                           The law-books of that century recommended that services should be rewarded in land. Accordingly, from the reign of Harshavardhana, public officials were paid in land revenues and one-fourth of the royal revenue was earmarked for the endowment of great public servants. The governors, ministers, magistrates, and officers were given portions of land for their personal upkeep. All this created vested interests at the cost of royal authority. Thus, by the seventh century, there is a distinct evolution of the landlordism and a devolution of the central state authority.
Landlords and peasants
                                                The growing population in the 16th century and the larger concentrations of urban dwellers required abundant supplies of food. In the course of the century, wheat prices steadily rose; the blades of late medieval price scissors once more converged. Money again flowed into the countryside to pay for food, especially wheat. But the social repercussions of the rising price of wheat varied in the different European regions.
                                                        In eastern Germany  Poland, Bohemia, Hungary, Lithuania, and even eventually Russia, the crucial change was the formation of a new type of great property, called traditionally in the German literature the Gutsherrschaft (ownership of an estate). The estate was divided into two principal parts: the landlord’s demesne, from which he took all the harvest, and the farms of the peasants, who supplied the labour needed to work the demesne. The peasants (and their children after them) were legally serfs, bound to the soil. These bipartite, serf-run estates superficially resemble the classic manors of the early Middle Ages but differ from them in that the new estates were producing primarily for commercial markets. The binding of the peasants of eastern Europe to the soil and the imposition of heavy labour services constitute, in another traditional term, the “second serfdom.”
                                                                  In the contemporary west (and in the east before the 16th century), the characteristic form of great property was the Grundherrschaft (“ownership of land”). This was an aggregation of rent-paying properties. The lord might also be a cultivator, but he worked his land through hired labourers. Historians distinguish two phases in its appearance. The nobility and gentry, even without planning to do so, accumulated large tracts of abandoned land during the late medieval population collapse. However, depopulation also meant that landlords could not easily find the labour to work their extensive holdings. Population, as previously mentioned, was growing again by 1500, and prices (especially the price of cereals) steadily advanced. Inflation threatened the standard of living of the landlords; to counter its effects, they needed to raise their incomes. They accordingly sought to win larger harvests from their lands, but the lingering shortage of labourers was a major obstacle. As competition for their labour remained high, peasants were prone to move from one estate to another, in search of better terms. Moreover, the landlords had little capital to hire salaried hands and, in the largely rural east, there were few sources of capital. They had, however, one recourse. They dominated the weak governments of the region, and even a comparatively strong ruler, like the Russian tsar, wished to accommodate the demands of the gentry. In 1497 the Polish gentry won the right to export their grain without paying duty. Further legislation bound the peasants to the soil and obligated them to work the lord’s demesne. The second serfdom gradually spread over eastern Europe; it was established in Poland as early as 1520; in Russia it was legally imposed in the Ulozhenie (Law Code) of 1649. At least in Poland, the western market for cereals was a principal factor in reviving serfdom, in bringing back a seemingly primitive form of labour organization.
                                                                              No second serfdom developed in western Europe, even though the stimulus of high wheat prices was equally powerful. Harassed landlords, pressed to raise their revenues, had more options than their eastern counterparts. They might look to a profession or even a trade or, more commonly, seek at court an appointment paying a salary or a pension. The western princes did not want local magnates to dominate their communities, as this would erode their own authority. They consequently defended the peasants against the encroachments of the gentry. Finally, landlords in the west could readily find capital. They could use the money either to hire workers or to improve their leased properties, in expectation of gaining higher rents. The availability of capital in the west and its scarcity in the east were probably the chief reasons why the agrarian institutions of eastern and western Europe diverged so dramatically in the 16th century.
                                                                        In the west, in areas of plow agriculture, the small property remained the most common productive unit. However, the terms under which it was held and worked differed widely from one European region to another. In the Middle Ages, peasants were typically subject to a great variety of charges laid upon both their persons and the land. They had to pay special marriage and inheritance taxes; they were further required to provide tithes to the parish churches. These charges were often small—sometimes only recognitive—and were fixed by custom. They are often regarded as “feudal” as distinct from “capitalist” rents, in that they were customary and not negotiated; the lord, moreover, provided nothing—no help or capital improvements—in return for the payments.
                                                                           The 16th century witnessed a conversion—widespread though never complete—from systems of feudal to capitalist rents. The late medieval population collapse increased the mobility of the peasant population; a peasant who settled for one year and one day in a “free village” or town received perpetual immunity from personal charges. Personal dues thus eroded rapidly; dues weighing upon the land persisted longer but could not be raised. It was therefore in the landlord’s interest to convert feudal tenures into leaseholds, and this required capital.
                                                                          In England upon the former manors, farmers (the original meaning of the term was leaseholder or rent payer), who held land under long-term leases, gradually replaced copyholders, or tenants subject only to feudal dues. These farmers constituted the free English yeomanry, and their appearance marks the demiseof the last vestiges of medieval serfdom. In the Low Countries, urban investors bought up the valuable lands near towns and converted them into leaseholds, which were leased for high rents over long terms. The heavy infusions of urban capital into Low Country agriculture helped make it technically the most advanced in Europe, a model for improving landlords elsewhere. In central and southern France and in central Italy, urban investment in the land was closely linked to a special type of sharecropping lease, called the métayage in France and the mezzadria in Italy. The landlord (typically a wealthy townsman) purchased plots, consolidated them into a farm, built a house upon it, and rented it. Often, he also provided the implements needed to work the land, livestock, and fertilizer. The tenant gave as rent half of the harvest. The spread of this type of sharecropping in the vicinity of towns had begun in the late Middle Ages and was carried vigorously forward in the 16th century. Nonetheless, the older forms of feudal tenure, and even some personal charges, also persisted, especially in Europe’s remote and poorer regions. The early modern countryside presents an infinitely complex mixture of old and new ways of holding and working the land.
                                                           Second, the high price of wheat did not everywhere make cereal cultivation the most remunerative use of the land. The price of wool continued to be buoyant, and this, linked with the availability of cheap wheat from the east, sustained the conversion of plowland into pastures that also had begun in the late Middle Ages. In England this movement is called “enclosure.” In the typical medieval village, peasants held the cultivated soil in unfenced strips, and they also enjoyed the right of grazing a set number of animals upon the village commons. Enclosure meant both the consolidating of the strips into fenced fields and the division of the commons among the individual villagers. As poorer villagers often received plots too small to work, they often had little choice but to sell their share to their richer neighbours and leave the village. In 16th-century England, enclosure almost always meant the conversion of plowland and commons into fenced meadows or pastures. To many outspoken observers, clergy and humanists in particular, enclosures were destroying villages, uprooting the rural population, and multiplying beggars on the road and paupers in the towns. Sheep were devouring the people—“Where there have been many householders and inhabitants,” the English bishop Hugh Latimer lamented, “there is now but a shepherd and his dog.” In light of recent research, these 16th-century enclosures were far less extensive than such strictures imply. Nonetheless, enclosures are an example of the power of capital to transform the rhythms of everyday life; at the least, they were an omen of things to come.
                                                                         In Spain, sheep and people also entered into destructive competition. Since the 13th century, sheepherding had fallen under the control of a guild known as the Mesta; the guild was in turn dominated by a few grandees. The Mesta practiced transhumance (alternation of winter and spring pastures); the flocks themselves moved seasonally along great trailways called cañadas. The government, which collected a tax on exported wool, was anxious to raise output and favoured the Mesta with many privileges. Cultivators along the cañadas were forbidden to fence their fields, lest the barriers impede the migrating sheep. Moreover, the government imposed ceiling prices on wheat in 1539. Damage from the flocks and the low price of wheat eventually crippled cereal cultivation, provoked widespread desertion of the countryside and overall population decline, and was a significant factor in Spain’s 17th-century decline. High cereal prices primarily benefited not the peasants but the landlords. The landlords in turn spent their increased revenues on the amenities and luxuries supplied by towns. In spite of high food costs, town economies fared well.
CONCLUSION
                                After  going  through  some  of  the  debates,  I  can  conclude  that  the  Early  Medieval  Indian  Feudalism  was  characterized  by  a  class  of  landlords  and  by  a  class  of  subject  peasantry,  both  living  in  a  predominantly  agrarian  economy  marked  by  a  decline  in  trade  and  urbanism  and  by  a  drastic  reduction  in  metal  currency.  Most  of  the  power  structures  within  the  state  did  not  have  to  pay  taxes.   Indian  kings  made  land  grants  to  get  taxes  (surplus)  collected.  In  their  turn  the  grantees  collected  rents  from  their  tenant  peasants  who  could  be  evicted  and  even  subjected  to  forced  labour.  In  this  context,  the  concept  of  class  may  be  reconsidered.  The  position  may  be  located  in  the  overall  system  of  production.  Class  is  best  seen  in  the  context  of  the  unequal  distribution  of  the  surplus,  which  was  eventually  given  a  lasting  basis  by  the  unequal  distribution  of  the  means  of  production  and  strengthened  by  ideological,  ritualistic  and  judicial  factors.  The  social  structure  is  identified  by  the  nature  of  the  class  which  dominates  it.  Ecological  factors  influence  the  development  of  material  culture  but  do  not  determine  the  form  and  nature  of  the  social  structure.


Historical Sources of the Sultanate Period



Historical Sources of the Sultanate Period 

Introducation
                           Indian Islamic inscriptions date from the last decade of the 12th century AD when Muhammad Ghori conquered Delhi and established his kingdom there. Certain movable objects like arms, seals, signets, vases, utensils and tombs account for majority of inscriptions, next followed by forts. The language of the records of the early period of the Delhi Sultanate is Arabic. Majority of epigraphical records is in Persian in view of the fact that Persian had been the state or official language right from the beginning of the Muslim rule. Persian played an important role in the educational and cultural life of the various regions of the sub-continent in varying degrees depending upon local factors. Apart from Arabic, Persian and Urdu inscriptions, there are bilingual. inscriptions, i.e. Arabic with regional languages like Gujarati, Marathi, Bengali, Tamil and Malayalam and Persian with the provincial languages like Kannada, Telugu, Oriya, Tamil, Gujarati and Marathi.
                                          The literary works of Persian and Arab people are the most important sources of history of the medieval period (the Sultanate period).  These Persian and Arabic works can be divided into three broad categories such as –  the chronicles, the travel stories and the modern works.

Tarikh-i-hind (Literary Works of Al-Beruni)

                                                                                 Al-Beruni, came to India and took up service under Mahmud of Ghazni. He was well acquainted in Arabic, Persian and had a great intellectual in Medicine, Logic, Mathematics, Philosophy, Theology and Religion. During his stay in India he learnt Sanskrit and studied Hindu religion and philosophy. He even translated two Sanskrit works into Arabic. His most important literary work being Tarikh-ul-Hind written in masterly Arabic with great accuracy and scholarly presentation,  gives us  an account of the literature, science and religion of the Hindus of the 11th century. The book gives us an account of India at the time of Mahmud of Gazni’s invasion of India.

Chach-Nama
                         Chach-Nama is a historical work about the Atab conquest of Sindh. The book was originally written in Arabic and later translated into Persian. An account of Sindh before and after the invasion of Muhammad bin Qasim is highlighted in this Chach-Nama. The names of the places and details of important incidents are mentioned in this book. Through Chach-Nama, we get an inclusive idea about Sindh when it was dominated by the Arabs.
Kitab-ul-Yamini
                             Kitab-ul-Yamini by Aby Naser-bin-Muhammad al Jabbarul Utbi , gave us information’s about the reign of Subuktigin and Mahmud of Ghazni up to 1020 A.D.. Utbi has not given us any details, nor gave us the exact dates also. But his work has been considered as one of the most authentic work of the early life and activities of Muhmad.
Khazain-ul-Futuh by Amir Khusrov
                                                                  The Khazain-ul-Futuh by Amir Khusrov – an well-known poet of Laureate from 1290 till his death in 1325 and thus was contemporary to all Sultans of Delhi from Jala-ud-din Khalji to Muhammad-bin-Tughluq. As he was an eye witness of most of the happenings his narrative work is of great value.
Taj-ul-Maasir by Hasan Nizami
                                                           In his book Taj-ul-Maasir, Hasan Nizami described the occurrences from 1192 to 1228 and thus became an important account  on the career and reign of Qutub-ud-din Aibak and the early years of Iltutmish. His work is the primary source of the early years of the Sultanate period in Delhi.
Works of Amir Khusrau:
                                               Abul Hasan Yaminuddin Khusrau was one of the best scholars and poets of his age. He was a witness to the reign of Sultan Balban and got patronage of the Khilji rulers and even that of Ghiyasuddin Tughlaq. Primarily, Khusrau was not a historian but a poet. None of his work, therefore, can be considered historical material. Yet, as he described the events in a chronological order and honestly, much useful historical knowledge has been derived from his writings. Khusrau wrote much. However, important among his writings were Qiran-us-Sadain, Miftah-ul-Futuh, Ashiqa, Tughlaqanama, Tarikh-i-Alaie etc. Much of his writings were in form of poems though some of them were written in prose as well. Put together, his writings provide us good historical source-material.


Tabqat-i-Nasiri by Minhaj-Us-Siraj
                                                                 Minhaj-us-Siraj concluded his famous work Tabqat-i-Nasiri sometimes in 1260 A.D. The book gave us an account of the conquest of Hindustan by Muhammad of Ghor. Minhaj was the chief Qazi in Delhi under Nasir-ud-din Mahmud. His book is a vital source of the early history of Delhi Sultanate.
Kitab-ur-Rahlab
                              Another important work is Kitab-ur-Rahlab a book of travels by the famous Moorish traveler, Ibn Battuta. Travelling Northern Africa, Arabia, Iran and Constantinople Ibn Battuta came to India in 1333. He remained in this country up to 1342 and was appointed by Muhammad-bin-Tughluq, the Qazi of Delhi for long eight years. The Sultan, however, became displeased with him and was dismissed and imprisoned though after some times he was released and sent to China in 1342 as an ambassador. Ibn Battuta wrote his book in Arabic. His work is also primary authority on the reign of Muhammad-bin-Tughluq and also the manners, customs and the condition of India during the Sultanate period. His work, however, suffers from some defects.
Tarikh-i-Firozshahi
                                    Zia-ud-din Barani wroteTarikh-i-Firozshahi .  Barani was an exact contemporary of Ghiyas-ud-din Tughluq, Muhammad-bin-Tughluq and Firoz Shah Tughluq. His work started with Balban and came down to the sixth year of the reign of Firoz Tughluq. The work was completed in 1359 and thus was the most important work on the Khalji period, the reign of Muhammad-bin-Tughluq and a part of Firoz Tughluq’s reign. The chief merit of the book is that, as the author held an important post in the revenue department, he was fully acquainted with revenue administration which he has been described in details.
Tarikh-i-Masumi
                              Tarikh-i-Masumi or Tarikh-i-Sindh is another written source by Mir Muhammad Masum or Bhakkra. This book was written sometimes in 1600 A.D.. Tarikh-i-Masumi gave us a in depth history of Sindh from the date of its conquest by the Arabs till the days of Akbar the great Mughal. The book is divided into four chapters. It gave us a clear picture as to how Muhammad-bin-Qasim conquered the land and what was condition of Sindh, just in the eve of Arab conquest.
Other Books
                     Apart from these works there are other chronicles as well which deserves mention. They include the works like—Zaina-ul-Akhbar by Abu Said, Tarikh-i-Masudi by Abul Fazal Muhammad-bin-Husain-al-Baihaqi,.  It should be mentioned that some of the general works composed in the time of Akbar are also useful for this period like Akbarnama and Ain-i-Akbari by Abul Fazal, Muntakhav-ut-Tawarikh of Badaun, Tabqat-i-Akbari of Nizam-ud-din Ahmad and Tarikh-i-Farishta by Hindu Beg. Tuzuk-i-Baburi is also an important work which deals with the history of the closing phase of Lodi dynasty.

Travel Stories
                            The travel-stories written by travelers are of great importance for constructing the history of medieval India. The great Turkish traveler Al-Beruni was one of the earliest travelers in India. His famous work is known as Al-Beruni’s India. The Italian traveler Nicolo Conti travelled India in 1520. He also gave a vivid account of the manners, customs and conditions of the people of India. Domingos Paes was a Portuguese traveler who also visited Southern India. He also left a detailed description of Vijaynagar. Edoardo Barbosa  visited India in 1516 and gave a detailed description of Vijaynagar and Southern India of the period of our study. The world famous traveler Marco Polo visited Southern India in the 13th Century. This travels of Marco Polo is a significant book for the study of Sultanate India. A Persian traveler Abdur Razzaq came as an envoy to the king of Vijaynagar where he stayed for a year from 1442 to 1443. He had given a vivid and realistic account of political, administrative, economic and cultural account of Vijaynagar. There are some literary works as well like Amir Khusrav’s Qiran-us-sadain and Ain-ul-Mulk Multani’s Munsha-i-Mahru which are also worth mentioning works in this regard.
Coins and Monuments
                                           The coins and monuments are important sources for the construction of the history medieval period of India. The Sultans were great lovers of architecture. The architecture which the Turkish conquerors of India brought in this land in the last decade of the twelfth century was not exclusively Muslim or even Arabian. Rather their buildings had the influence of indigenous art traditions. Balban built the Red Palace. Alauddin-Khalji built the Jamait Khan Masjid at the shrine of Nizam-ud-din-Auliya and the famous Ali Darwaja at the Qutub Minar. The Tughluq’s erected the tomb of Tughluq Shah, the city of Tughluqabad and Kuffa Firoz Shah. Sikandar Lodi also built Moth Ki Masjid. Sultan Qutubud-din-Aibak constructed the famous Quwat-ul-Islam mosque at Delhi, the Dhai-Din ka Jhoupra at Ajmer, the Qutub Minar at Delhi.
                                                       There are several other like architectures scattered in many provinces like Multan, Bengal, Gujrat, Malwa, Jaunpur, Kashmir and Dakhin also helped us to form a comprehensive idea about the history of the Sultanate period of India.
Style of art and architecture
                                                   The Sultanate introduced two new architectural ideas, the dome and the pointed arch. The dome was an important decorative structure in Islamic buildings, and soon was implemented in other structures as well. The pointed or true arch that was introduced during this period, was completely different from the type of arches that were being constructed within the country earlier. The earlier Indian style of creating arches was to first put up two pillars. The pillars would then be cut at intervals accommodate 'plug in' projections. There would be a sequence of squares that would gradually decrease in size creating an arch. The new artisans introduced the true arch. This was achieved by making the middle stone a key stone and to have the other stones distribute the load of on the two pillars.
Conclusion
Painting, also form a significant source to provide the first hand information which has not been earlier utilized in the context of the study of Sultanate period. From these paintings we get visual information, which we may not get from the written text. These painting have illustrated the culture of the period, glimpses of the customs, status of women and influence of composite culture after the coming of the Turks to the country in Thirteenth century. It was a fusion of Persian as well as indigenous elements. Numerous painting of early medieval times exhibit outdoor scenes. They cover the various aspects of everyday life. These paintings show women at work also.




The Hindu code bills


The Hindu code bills

Introducation
                         The Hindu code bills were several laws passed in the 1950s that aimed to codify and reform Hindu personal law in India. Following India's independence in 1947, the Indian National Congress government led by Prime Minister Jawaharlal Nehru completed this codification and reform, a process started by the British Raj. According to the British policy of noninterference, personal-law reform should have arisen from a demand from the Hindu community. That was not the case, as there was significant opposition from various conservative Hindu politicians, organisations and devotees; they saw themselves unjustly singled out as the sole religious community whose laws were to be reformed.[1] However, the Nehru administration saw such codification as necessary to unify the Hindu community, which ideally would be a first step towards unifying the nation. They succeeded in passing four Hindu code bills in 1955–56: the Hindu Marriage ActHindu Succession ActHindu Minority and Guardianship Act, and Hindu Adoptions and Maintenance Act. They continue to be controversial to the present day among women's, religious, and nationalist groups.
Background
                        While there may be a permanence of certain fundamental beliefs about the nature of life that is pervasive through Hinduism, Hindus as a group are highly non-homogenous. As Derrett says in his book on Hindu law, "We find the Hindus to be as diverse in race, psychology, habitat, employment and way of life as any collection of human beings that might be gathered from the ends of the earth." The Dharmaśāstra the textual authority on matters of marriage, adoption, the joint family, minorities, succession, religious endowments, and caste privileges has often been seen as the private law of the Hindus. However, whatever is known and interpreted about this Hindu law is a jumble of rules, often inconsistent and incompatible with one another, that are lacking in uniformity.
                                                          Hindu law's content and structure has ultimately survived as a result of its administration by British judges who gave a lot of attention to Hindu religious-legal texts, while simultaneously invoking English procedure, jurisprudence, and English law to fill any gaps. Opinions often differ as to the extent of the discrepancy between the current law and the public's needs, but most agree that a substantial inconsistency exists. The British colonial government administered India largely through a policy of noninterference, allowing civil matters to be dealt with through respective religious communities. Matters that fell under the jurisdiction of these communities were called "personal laws." The British began the intensive process of codifying Hindu personal law in the early 1940s in an attempt to notate and therefore organise the Indian political system.
                                                         In 1921, the British Government had already gone so far as to welcome individual Members' efforts at piecemeal codification, a limited but significant shift in policy.  According to Levy, that year, "two Hindu legislators, one a lawyer in the Central Legislative Assembly (the lower House), the other an eminent scholar of Sanskrit in the Central Council of States (the upper House), initiated resolutions seeking Government support for a Hindu Code of family law."  In the next two decades many such fragmentary measures were enacted, modifying the Hindu law of marriage, inheritance, and joint family property. As a whole, the enacted bills carried further a modest trend toward increasing property alienability, reducing the legal importance of caste, sanctioning religious heterodoxy and conversion and, most significantly, improving the position of women.  However, it was the passing of the Hindu Women's Rights to Property Act (Deshmukh Act) in 1937, which had given the widow a son's share in property that was one of the most substantial steps towards the Hindu Code Bill.
 Uniform civial code -  In December 1946, the Constituent Assembly convened to devise a Constitution for the soon-to-be-independent India. There were extensive debates over the place of personal laws in the new Indian legal system. Some argued that India's various personal laws were too divisive and that a uniform civil code should be instituted in their place. And once the notion of a uniform civil code was put forward, it soon became accepted as an important part of the effort to construct an Indian national identity, over the separate identities of caste, religion and ethnicity. Some resistance to the code was on the grounds that its imposition would destroy the cultural identity of minorities, the protection of which is crucial to democracy. Certain feminists thus argue that the uniform civil code debate balances on the polarity of the state and community, rendering the gender-based axis upon which it turns, invisible.
                                                             A compromise was reached in the inclusion in the first draft of an article that compelled the state "to endeavour to secure for the citizens a uniform civil code throughout the territory of India." The clause, a goal, not a right, became Article 44 in the Constitution. It was widely criticised by proponents of a uniform code because it contained no mechanism and provided no timetable for enforcement. However, Prime Minister Jawaharlal Nehru and others insisted on its inclusion, arguing that even if it was only symbolic, it was an important step towards national unity . Though Nehru himself likely would have favored a uniform code, he knew that personal laws were linked with religious identity in India and therefore could not be easily abolished. Recognizing that what he wanted was not a political reality, he settled for an unenforceable clause
Beginning of Codification
Initial draft
                       In 1941, the colonial government had appointed a four-member Hindu Law Committee, known as the Rau Committee after its chairman B. N. Rau. The committee was to resolve doubts about the Deshmukh Act's construction, ensure that its introduction of new female heirs was not made at the expense of the decedent's own daughter and consider bills introduced to abolish women's limited estate and to make polygamy a ground for separate residence and maintenance. Later in 1941, the Committee reported that the time had come for a Hindu Code. Social progress and modernization could only be achieved by fundamental reforms, which recognized gender equality. The code was to be shaped with the aid of orthodox, conservative and reformist Hindus and by a comprehensive blending of the best of the current schools of Hindu law and the ancient texts.
                                                    The 1941 Report was accompanied by two draft bills, each of which was laid before a select committee of both houses of the legislature. Much publicity was given to the project, and as a result of the committees' reports, the Hindu Law Committee itself was revived in 1944 and under its chairman, B. N. Rau, prepared a Draft Code dealing with Succession, Maintenance, Marriage and Divorce, Minority and Guardianship and Adoption. It was that Code that was widely circulated and discussed and given the name "Hindu Code Bill". After publication in twelve regional languages and a wide publicity campaign, the Rau Committee toured the country and examined witnesses. The result 1947 report of the committee included and went far beyond the 1941 proposals, recommending the abolition of the joint-family property system, the introduction of the daughter's simultaneous succession with the son to the father's estate, the abolition of the barrier to intercaste marriages, the assimilation of civil and sacramental marriages, and the introduction of divorce for the higher castes. It was the intention of the government that this first draft should become law on 1 January 1948, but the whole project was temporarily suspended when independence led to the priorities of the legislature to be consumed with the task of creating the new regime.
                                                             By 1943, a significant opposition to the code had begun to develop inside and outside the Legislature. In the 1943–44 legislative debate, opponents and supporters alike accepted as fact the view that the majority of the legal profession continued to support the code. Opponents tried to undercut the perceived support by arguing that lawyers had become westernized or that the merits of the bill were for the people to decide, not lawyers.  Nehru had already been forced to retreat from an original position of passing the bill. However, his position greatly improved in 1951 when he succeeded Purushottam Das Tandon as Congress president. He chose not to test his combined powers as prime minister and party president, in regard to the bill at that time and allowed it to lapse. He, however, promised fellow supporters that he would campaign on the bill, with plain arguments on the merits
Ambedkar draft
                              The Ministry of Law revised the first draft in 1948 and made some small alterations to it, making it more suitable for discussion in the Constituent Assembly, where it was finally introduced. It was referred to a select committee under the chairmanship of law minister B. R. Ambedkar, and the committee made a number of important changes in the Bill.  This edition had eight sections: part one delineated who would be considered a Hindu and did away with the caste system. Significantly, it stipulated that the Hindu Code would apply to anyone who was not a Muslim, Parsi, Christian or Jew, and asserted that all Hindus would be governed under a uniform law. Part two of the bill concerned marriage; part three adoption; part four, guardianship; part five the policy on joint-family property, and was controversial as it included the nontraditional allocation of property to women. Part six concerned policies regarding women's property, and parts seven and eight established policies on succession and maintenance.[19] By allowing for divorce, Ambedkar's version of the Hindu Code conflicted with traditional Hindu personal law, which did not sanction divorce (although it was practiced). It also "established one joint family system of property ownership for all Hindus" by doing away with regional rules. Finally, it allotted portions of inheritance to daughters, while giving widows complete property rights where they had previously been restricted.
                                            Conflicts also arose from the categorization of who would be considered Hindu. The Code established "Hindu" to be a negative category that would include all those who did not identify as a Muslim, Jew, Christian, or Parsi. Such a broad designation ignored the tremendous diversity of region, tradition and custom in Hinduism. Those who practised SikhismJainism, and Buddhism were considered to be Hindus under the jurisdiction of the Code Bill. While they had originally included aspects of Hinduism, by then, they had evolved into unique religions with their own customs, traditions, and rituals.[19] There was also significant controversy over what was established to be Hindu personal law. Sanctioned under Hinduism were a variety of practices and perspectives. Therefore, the administration had to arbitrate between these variations, legitimating some and disregarding or marginalising others.
Intentions
                    As Mansfield writes regarding the need for personal laws in India, "The spectacle of large political entities in different parts of the world collapsing and giving place to smaller entities based on ethnicity, religion or language or combinations of these factors, rather than strengthening the idea that a powerfully centralised, culturally homogenous nation is essential for order and prosperity, may have confirmed for some the view that the pressing task for India is not to increase central power and cultural homogeneity, but to find an alternative to the 'nation-state' model, an alternative that will sustain unity through some form of 'pluralism'."
                                                                           Nehru's primary purpose in instituting the Hindu code bills was to unify the Hindu community.so it made sense to define Hindu in the broadest possible sense. By legal equity, Nehru intended to "erase distinctions within the Hindu community and create Hindu social unity.... The integration of Hindus into a homogeneous society could best be done by enacting an all-embracing code which encompasses within its fold every sect, caste, and religious denomination."[2] The debates over Article 44 in the Constitution revealed that many believed varied laws and legal divisions helped create or at least were reflective of.social divisions.[2] Nehru and his supporters insisted that the Hindu community, which comprised 80% of the Indian population, first needed to be united before any actions were taken to unify the rest of India. Therefore, the codification of Hindu personal law became a symbolic beginning on the road to establishing the Indian national identity . Nehru also felt that because he was Hindu, it was his prerogative to codify specifically Hindu law, as opposed to Muslim or Jewish law.l.j
                                                                                           Those in Parliament who supported the bills also saw them as a vital move towards the modernization of Hindu society, as they would clearly delineate secular laws from religious law. Many also heralded the bills' opportunity to implement greater rights for women, which were established to be necessary, for India's development.

Support and opposition
                                              During the debates over the Hindu code bills in the General Assembly, large segments of the Hindu population protested and held rallies against the bills. Numerous organizations were formed to lobby for the defeat of the bills and massive amounts of literature were distributed throughout the Hindu population. In the face of such vocal opposition, Nehru had to justify the passage of the Hindu code bills.[26] Earlier, he had stated that in accordance with the policy of noninterference, he was undertaking codification in compliance with a demand from the Hindu community. When it became clear that the vast majority of Hindus did not support the Bills, he insisted that though they were a minority, those who supported the Bills were modern and progressive and so held vital weight in the Hindu community, in importance if not in numbers. He also argued that because the bill's supporters were progressive, those who dissented would eventually change their position when confronted with the realities of modernity.          
                                                             Proponents included both men and women within and outside of Parliament belonging to various political parties. Significant support for the bills came from Congress' women's wing (All-India Women's Conference) and several other women's organizations. Supporters largely sought to convince the public that the bills did not stray far from classical Hindu personal law. Essentially, those in Parliament who opposed the bills were men, largely from Nehru's own Congress party. They believed that the code bills would institute reform that strayed too far from the classical Hindu social order and were too radical. They argued that practices such as divorce were absolutely not condoned by Hinduism. "To a Hindu the marriage is sacramental and as such indissoluble." They also felt that should equal property rights be given to women, the Mitākṣarā concept of a joint family would crumble, as would the foundation of Hindu society. They also insisted that if daughters and wives were given inheritance, more conflicts would arise within families. Their main argument, however, was that the bills lacked public support. Therefore, they were a direct contradiction to the policy of noninterference and would mean the government was meddling in personal law. They implied that these were bills propagated by a small minority of Hindus onto the majority who did not want them.



Popular