Page 119 - Communication Processes Volume 3 Communication Culture and Confrontation

94 Karine Bates

of Western legal systems. Post-colonial Indian legislators built the
legal system on the heritage left by the British. At the same time,
modern ideology such as the concept of equality was introduced into
the framework of laws, while variations, according to religion and
states, were maintained. In addition, the lack of implementation of the
few laws aimed at protecting women encouraged the perpetuation of
local practices and maintained the possibility of the re-interpretation
of women’s rights. This is clear in the study of widows in rural
Maharashtra. Widows’ awareness of their succession rights in their
husband’s property may be seen as law or tradition. However, among
widows these two notions have different meanings. Also, the local
norms of widows’ access to property influence the possibility of these
women getting their share. This creates a state of plurality within which
modern values and traditions are re-interpreted in order to facilitate
the acceptance of widows by their community. Not one period of the
Indian legal system can be characterized by uniformity and respect
of modern norms. Instead, modern values, traditions and customary
practices have been subject to change and variation at all levels of the
society.

Notes

1. The population of the city during that period ranged between 70,000 and
100,000.
2. The kotwal’s papers are monthly account books that record the amounts
collected as fines from the parties judged as offenders in the kotwal’s police
stations (cavdis).
3. The story reported by Wagle does not indicate who sold her and to whom.
4. Extracts from the Peshwa Daftar in Gune (1953), Sardesai (1934a, 1934b)
and Vad and Parasnis (1908). The Peshwa Daftar is a product of British
colonial order. The British seized the Peshwa’s records and used them
to create a central archive for documents from previous overlords. By
controlling the knowledge of the past, they were able to reinterpret religious
customs, legal systems, agricultural practices and taxation policies.
The records do not present a full description of legal cases. The general
characteristics of the documents are that they consist of a summary of
the decision accompanying the receipt of a fine (Waters 1998: 4) and
a formulaic agreement to pay the fine (karar kela), and sometimes an