It seemed like a perfectly sensible policy at the time, but with the coherence of hindsight, it can now be seen as the first in a concatenation of cock-ups. The year was 1772. The East India Company was in charge of Bengal, its tiny bridgehead in eastern India from where it went on to acquire a tidy chunk of the subcontinent over the course of the following century. Its boss there was a chap called Warren Hastings, who was keen to repair the reputation of Company men. No one was particularly fond of these money-grubbing jumped-up parvenus, and especially not in the home counties. And Hastings happened to be a man with some intellectual pretensions.
Insecurity, then, drove Hastings into devising the “system of conciliation”, essentially a vanity project that entailed winning over the déclassé intellectual elites of India to the Company cause. And so, surrounded by a coven of Hindu and Muslim clerics and thinkers, he was able to reinvent the Company man as a patron of the native intelligentsia. The upstart merchant-mercenary of yesterday was now the enlightened scholar-statesman of the new dispensation. As it was, the overwilling Hindu and Muslim pundits cynically, and perhaps understandably, treated the whole exercise as a power grab, letting on to the Company’s pen-pushers that they were the repositories of India’s unchanging laws. Their spurious claims about the existence of a fairly coherent body of “Hindu law” and “Muslim law” were taken at face value and willed into being.
With a few minor tweaks, it’s a system that still exists in India today. Under its original terms, the state abdicated responsibility on matters relating to inheritance, marriage, and divorce, ceding control over “personal law” to hastily appointed ultraconservative religious authorities. The upshot for Indian Muslims was a legal regime of shariatic derivation in which unilateral divorce without alimony was a male prerogative. The inheritance law was of a piece with this vision: sons were entitled to twice the share passed to daughters. This was just as well for the “orientalists” of the East India Company, enamoured of “authentic” native custom, even if no such thing existed. It likewise suited its more hard-nosed businessmen, anxious to rule on the cheap. Public law — land contracts, taxes — was kept in British hands, while pesky personal law was offloaded to priests.
Over the past quarter-millennium, no universalising countervailing influence has been able to breach this identitarian consensus. Indeed, only two serious stabs have been made by rationalists to undermine religious authority, the first of which was the zestful Utilitarian attack of the early 19th century on a range of religious customs. The second was the largely passive revolution of 1947, when the baton passed from an English to Indian elite, committed notionally to secularism. But Hindu and Muslim personal law remained on the books.
Of course, none of this is to suggest that Hastings is to blame for Modi, or that a direct line can be drawn from 1772 to 1992, when Hindu fanatics sparked nationwide riots after tearing down Babur’s Mosque, a pivotal episode in the rise of Hindu nationalism. Rare though it was, precolonial India was no stranger to confessional violence between Hindus and Muslims, not least over matters of cow worship and slaughter. Yet the fact remains that Indians, in the main, clung to their primary identification as members of this and that sect and subcaste. It took British legal reform and Hindu and Muslim religious revivalism in the 18th century to convince a great many to start thinking of themselves above all as Hindus and Muslims.
Devolution added a further fillip to fanaticism. As the franchise expanded from the 1860s on, and first councils and then provinces fell into Indian hands, religion offered a crude shorthand for political difference. Hindus and Muslims milked votes through their respective positions on cows, and increasingly the stakes went beyond bovine blood, also encompassing human flesh. Here was the unholy alliance between votes and violence that would have crippling consequences for the country after independence. And the arrival of the new intellectual current of nationalism only compounded this confessional problem. Deciding to mine the rich vein of national identity, the Hindu-dominated Congress Party, established in 1885, propounded an anticolonialism which amounted to a sentimental tribute to Hindu gods. It unsurprisingly found itself at loggerheads with the Muslim League, founded in 1906, which successfully lobbied for a Muslim quota in the services and in parliament, essentially an electoral extrapolation of the Hastings principle. If still far from a foregone conclusion, the road to Partition was now clear.
By the time the cantankerous and identity-obsessed Mohandas Gandhi seized control of the Congress in 1920, it was, in a sense, already too late for course correction. Rather favourably disposed to Muslims unlike many a rabidly prejudiced Congressman, Gandhi nevertheless inaugurated a political style that precluded any semblance of common ground between Hindus and Muslims. “My Hindus” could strike deals with, even befriend, “you Muslims”, but any alliance between the two faiths could only ever be skin-deep. The chasm between Hindu and Muslim was far too existential to warrant any meaningful connection with a member of the opposite team. More dismayingly, Gandhi’s handpicked henchmen didn’t so much as even pay lip service to the official ideology of secularism. By 1937, a mere 2.2% of the party membership was Muslim; at the time, one in four Indians swore by Islam. When the bulk of the provinces fell to the Congress that year, the trial run at independence revealed what a farcically one-sided affair the party was. Cow slaughter bans were introduced. In schools, idolatry was forced down the throats of hapless Muslims. Not long after, in 1940, Jinnah’s Muslim League would demand a separate homeland for Muslims.
So it was that when the Brits Brexited the subcontinent seven years later, the transfer of power was accompanied by a carve-up: a largely Hindu India achieved independence sandwiched by two pools of Pakistan snipped from its sides.
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