Description

The British colonial administration in Bengal attempted to codify Hindu law during the late 18th and 19th centuries. It has long been debated whether it was an act of preservation of the classical Hindu legal tradition or an instrument of colonial appropriation. This article critically examines the process of translation, codification, and legal adaptation that transformed Hindu law from an interpretive and pluralistic system to a rigid and standardised legal framework. While colonial officials professed to conserve indigenous traditions, they selectively adopted the Dharmashastras for administrative and commercial interests. In British colonial India, particularly in Bengal, pundit led jurisprudence was marginalised, textual authority over customary practices was imposed, and Anglo-Hindu law was introduced, eroding millennia-old local agency and customary practices. Colonial interpretations of Hindu law narrowed the concept of stridhana and strengthened patriarchal norms that had been more flexible in pre-colonial Hindu law, which affected women’s property rights. The prioritisation of textual sources over customary laws reduced legal diversity under Hindu tradition. New Hindu personal laws in India and Bangladesh reflect the systemic prejudices imposed during colonial administration. This article explores how colonial codification contributes to on-going discussions about knowledge creation, legal centralisation, and governance challenges in South Asia. The study suggests reassessing the colonial legal history to reconcile tradition with the modern notion of justice, notably in addressing gendered legal inequalities. It advocates for more inclusive and historically informed Hindu law reform in South Asia by contributing to the discussions on law, colonialism, and social hierarchy.

Keywords: Colonial Codification of Hindu Law, Hindu Women’s Property Rights, Hindu Law Reform, Legal Pluralism. *