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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I gave a long riposte which as usual UH has withheld. Your analysis spot on.
I occasionally wonder whether it might have been better for India to emerge from British rule as a collection of independent nations (as it was before British rule) rather than as one country (or three, if you include Pakistan and Bangladesh).
No.
The problem lay with the Nehruvian bias and stifling of dissent in a post 1947 dynastic democracy only ended in 1989 partially.
That is probably also the case for most of the British empire.( and other European colonies) Newly independent “Nations” were expected to function with numerous ethnic groups of various religions, languages, political and social traditions as well as conflicting economic systems, within national boundaries, often a straight line drawn on a map with a ruler, as often as not bisecting the traditional territory of preexisting ethnic groups.
Anil Pratinav- why do you fool Western audiences with this clap- trap?
Do you care to read genuine narrative non- Marxist history and sociology- not only Barrington Moore from the 1960s but also ICS memoirs and prescient commentators like Valentin Chirol?
India has been subjected to violent Islamism since the Arabs conquered Sind.
Under British rule, EIC was genuinely interested in an imperial yet liberal project.
That subsided after the Crown took over due to a cautious elite based policy.
Are you aware of Gandhi and Nehru going out of their way in the years immediately leading to 1947, to appease Muslims by denying Hindu massacres in Noakhali, Bihar etc?
Are you au courant with the post 1947 Indian Constitution privileging Sharia Law above Uniform Civil codes? The fact that Muslims and all minority communities enjoy complete autonomy in running their institutions including educational ones; while all Hindu shrines are Government controlled- effectively using Hindu funds and donations for welfare of all- including minorities?
I can go on and on, but you can take a Marxist to all facts, yet they will still not absorb anything other than their Marxist opiates punched with copious amounts of their echo chamber hogwash!
To claim that the 1947 Constitution of India privileged Sharia Law over Uniform Civil Codes (UCC) might be misleading. The Indian Constitution, adopted in 1950, does not explicitly prioritise Sharia Law. It provides for personal laws based on various religious communities, including Muslims, Hindus, and others, which can coexist alongside civil laws.
Article 44 of the Constitution encourages the state to implement a UCC throughout the country, but this hasn’t been fully implemented. In practice, personal laws, including those based on Sharia, continue to govern family matters for Muslims.
Though the Constitution does not privilege Sharia Law, the existence of personal laws reflects a complex balancing of cultural and religious identities within a secular framework. The ongoing debate around UCC highlights tensions between secularism and religious freedoms in India.
If you analyse the Directive Principles of State Policy it will be clear what privileging of minority rights was ensured.
What you call ” complex balancing” maybe true of the spirit of what the original Constitution planned. The First Amendment of 1951 effectively destroyed that. Then the Congress Party’s minorityism of a consistent kind destroyed the ability of India for decades to build a liberal constitutional ethos as the original Constitution had envisaged.
The Special Marriage Act and Hindu Code Bill Act of the mid 1950s brought in reform only for Hindus but remained ambiguous for minorities who thus were protected enormously.
There is more religious freedom for minorities in India than most other of its neighbours. Rajiv Gandhi destroyed the original spirit of the Constitution by privileging Sharia in the Representation of People’s Acts of 1985. These effectively legislatively disempowered Muslim women and went against the Supreme court judgement in the Shah Bano case.
His mother had similarly acted against the majority through a slew of legislation in the 1970s embodied in the 42nd Amendment which inserted ” Socialist and Secular” to what Dr Ambedkar, the founder of the Constitution had kept as ” Sovereign, Democratic Republic”.
Author changed the subject in last paragraphs. It treats Islam as if it were a branch of unitarians. Author has managed to write entertaining trifle.
This contains some interesting ideas but also a lot of complete bollox. ‘The Seventies, when Britain was in the throes of a rabidly intolerant postimperial nationalism’ … WHAT?? I was there, and I assure you it wasn’t. A few skinheads roamed the streets, and quite a lot of older people were discombobulated by the sudden change in their neighbourhoods due to immigration, but the reins of power were always firmly in the hands of the ‘tolerant’ and cosmopolitan. And that turned out really well, didn’t it?
The author also writes as if nationalism in England, which had been a nation state with a religiously and ethnically homogeneous population for centuries before it acquired a multi-ethnic empire, is directly comparable to nationalism in India, which had always been a patchwork of mutually hostile statelets, castes, religions and sects. Pretty basic misapprehension.
Regarding India ” mutually hostile statelets” not always. Read ancient or even Mughal history. The Mauryas. The Guptas. Kushans. Harshvardhan. Mughal Empire under Akbar. Intelligent and united empires with strategic coalitions.
India is ranked at no 11 on the persecution of Christian’s World Watch List. Christians, a minority group of 5% of the population of the nation of India find themselves increasingly under threat. This hostility is often driven by an ongoing belief among some Hindu extremists that Indians ought to be Hindu—and any faith outside of Hinduism is not welcome in India. This mindset has led to violent attacks across the country and impunity for the people who perpetrate this violence, especially in places where the authorities are also Hindu hardliners.
More and more states are also implementing anti-conversion laws, creating an environment where any Christian who shares their faith can be accused of a crime, intimidated, harassed and even met with violence.
Ethno-religious violence erupted in May 2023 in the northeastern state of Manipur. What began as a dispute between ethnic groups took on a disturbing religious dimension, as Christians were targeted across the ethnic groups. Thousands of Christians were displaced, dozens of churches were burned down and many believers were killed.
India also witnessed mob attacks against thousands of Christians in Chhattisgarh State in January 2023. Christians were chased out of their homes and villages.
It is a country of religious nationalism, dictatorial paranoia, ethno-religious hostility and clan oppression.
Utter nonsense. Of course if you are part of the Soros/ Evangelism etc lobby or ISI backed it’s normal for you to write lies.
Heard about pogroms against minorities including Hindus in Bangladesh and Pakistan?
Your analysis of Manipur shows the ISI line as you are obviously( conscious or ignorance based) unaware of the Kuki conflicts with Nagas( fellow Christians) or links with the Chin Xomi of Myanmar.
As also the involvement of Kuki drug mafias who are equally disliked by ordinary Kukis, but whose links with foreign intelligence agencies triggered the violence.
Hi Sayantani,
Thank you for taking the time to read my post and your comments.
‘Utter nonsense. Of course if you are part of the Soros/ Evangelism etc lobby or ISI backed it’s normal for you to write lies’. – This doesn’t apply to me.
‘Heard about pogroms against minorities including Hindus in Bangladesh and Pakistan?’ – Yes, but I was on the topic of India.
‘Your analysis of Manipur shows the ISI line as you are obviously( conscious or ignorance based) unaware of the Kuki conflicts with Nagas( fellow Christians) or links with the Chin Xomi of Myanmar’. – I talk about ethno-religious hostility. Some news on this front is that the Manipur High Court has revoked a previous order which had asked the state government to expedite the inclusion of the Meitei ethnic community in the Scheduled Tribe category, granting them tribal status. The court’s ruling on 27 March 2023 is considered a key factor behind the violence that engulfed the state two months later, resulting in the displacement of 70,000 people, largely from the majority-Christian Kuki community. In its review, the court ordered the paragraph be deleted from last year’s ruling.
‘As also the involvement of Kuki drug mafias who are equally disliked by ordinary Kukis, but whose links with foreign intelligence agencies triggered the violence’. – Interesting, I didn’t know about this aspect. This is also the link to poppy fields and Indo-Myanmar border you comment on?
While Manipur’s Christians have not been specifically targeted in recent attacks in Jiribam, they are still suffering the impact of violence last year. Huge numbers remain displaced, with their homes destroyed or the communities too unsafe to return to. Christians from the Meitei community are still unable to gather freely for prayer. They are under relentless threats from extremist groups and are closely monitored for Christian activities. Meanwhile, most of the Kuki Christians are still displaced and unable to return to their own land given the erratic situation. Even if Christians gather, there is always a cloud of fear looming over them of unpredictable attacks and firings.
So in any ethnic conflict both sides suffer. There are Meteis in Kuki territory who equally suffer. They are living in camps in the valley too- displaced from their homes. Also they have been attacked in neighbouring Mizoram where there were streams of Meteis made to leave their homes as the Mizos are ethnically similar to Kukis.
Please understand this is an ethnic conflict. Distorting one side of the narrative is quite unfortunate.
You refer to the Court judgement. You need to know about the strong action launched against Kuki drug mafias predating that. Most of these drug traders are not ordinary Indian Kukis but illegal immigrants from Burma. There are aspects of foreign intelligence agencies at work. I speak with some authority here as I know about the conflict owing to my work.
You can hear Rami Niranjan Desai on You Tube or read her analysis to know more.
https://www.firstpost.com/opinion/ramification-a-year-of-manipur-conflict-the-role-of-drug-lords-and-illegal-immigrants-13766706.html
Incidentally the Government has given Scheduled Tribe status to the Kuki Zo while the Meteis suffer.
It’s similar to what would happen if white English people don’t get affirmative action benefits while non whites do. It’s also a twisting of facts to say that there is religious persecution. No.
There are dubious NGOs whose funding is questionable. It’s like the British government doesn’t allow Russian funding of NGOs.
A nation state cannot ignore anti -national groups seeking to break up India. Most of these NGOs have violated Foreign exchange tax laws and regulations. Thus they deserve to be acted against.
This is a complex story of rival ethnicities and not a religious conflict as lobbies in the West project.
People vote with their feet. The west is provably better since we know people want to immigrate there.
If the environment is so bad for minorities, why do you see illegal muslim immigrants from Bangladesh into India and not the other way around? The Bangladeshi economy is pretty comparable on a per-capita basis.
Because the situation in Bangladesh is much worse.
The two Muslem invasions were unwanted, hated and destructive, and btw the inheritance laws mentioned are exactly the same as in Morocco today, leading one to wonder what was so conservative and unusual in 18th century India.
The one thing I never expected from UnHerd was to be bored. There is no better person than this pretentious twit to bore the pants of readers.
I agree. Unfortunately, he’s probably contracted to write a certain number of articles, but as with others, the impression gained is that he’s struggling to fulfil that contract.
His “facts” are so ahistorical that I pity the students who ‘ learn” Indian history from him!
I was unaware that India had managed to outsource Family Law involving as it does the aggrieved in love, children, estates and mothers-in law to the priests and mullahs of their charming religions. What a wise move. I doubt whether any sensible legislature or work from home Civil Service would be brave enough to venture back in to the fray. Tossing a coin as to the guilty party in separation and divorce is best left to those with a more direct line to the Almighty than mere state officials.
This column strangely disappeared from the home page for the last couple of days. It couldn’t be found even by using Unherd’s own search button, only by googling it. Now it’s back. I almost wondered if the author had withdrawn it for corrections, but it still contains all the same bizarre, fantastical assertions. Such as ‘Britain’s return to cosmopolitanism [between the 1970s and now], in great part of Europhilic stamp, took the edge off English nationalism’. I mean really … what? This author simply has no feel for the recent past in England/Britain.
“when Britain was in the throes of a rabidly intolerant postimperial nationalism.” not sure which Britain he’s referring to. The one that actually existed or a made up pretend version done by Lego at a film studio?
“By 1937, a mere 2.2% of the party membership was Muslim; at the time, one in four Indians swore by Islam”
That’s because muslims preferred to join the muslim league and form an islamic state, rather than join any political party that advocated for treating religions equally.
Brits will find out to their cost soon. Muslims are reaching the stage where they discard Labour etc and group together to form an unashamedly “muslim” party.
There’s a smug, racist (reverse) undertone to this article. Not impressed.
In the most populous state in the world, there are inevitably ethnic and sectarian disputes with casualties. But tot them up and compare with India’s neighbours and you find things are much much worse elsewhere.
India uniquely is a democracy. Modi’s party lost a considerable number of seats in the election earlier this year. A change of government is possible and eventually likely. The rule of law operates if not up to North London human rights industry standards.
The Hindu Muslim conflict is insoluble as in Leicester. The policy on which the BJP will be tested is do they risk and can they prevent a permanently simmering dispute from boiling over?