Page 95 - Communication Processes Volume 3 Communication Culture and Confrontation

70 Karine Bates

The first section of this chapter presents aspects of the Indian legal
system prior to the intervention of the British. Literature review of ar-
chival legal records will serve as examples of the interplay between local
dispute resolutions and the intervention of the Peshwa rulers in Pune
during the eighteenth century. In the second section, the redefinition
of Hindu law by the British is discussed as well as the implementation
of a modern legal apparatus in India. Finally, the third section is de-
voted to review how post-independence India has continued with the
‘modernization’ of the legal system undertaken by the British. Different
reforms, such as the land reforms modified women’s access to property
and resources. Sometimes, reforms and new laws intended to improve
women’s access to property, as was the case with the Hindu Succession
Act of 1956, which conferred upon widows’ succession rights to their
husbands’ property. However, after more than 55 years, this Act has not
been implemented. A variety of reasons explain this. The relationship of
widows in rural Maharashtra with the legal system and the local norms
of dispute resolutions will help us understand the differences between
written law, its interpretation by multiple parties of a dispute and the
local practices related to access to property for widows.
In this chapter the history of the Indian legal system is presented
from the perspective of Hindu law. Where data are available, there is
special focus on women’s rights, especially widows. Rural Pune district
and the state of Maharashtra will be at the core of the discussion.

The Pre-British Period

In pre-British India, there were many overlapping local jurisdictions.
The Dharmashastra, a respected ancient system of written law, did not
operate as the unifier of the legal system on the territory of what would
become the Indian nation. The political conditions for unification were
not present in India, mainly because of the diverse local levels of conflict
resolutions, practices and the capacity of local authorities to make
rules. Under the Moghuls and other Muslim rulers, royal courts were
established in cities and administrative centres. These courts exercised
a general criminal (and sometimes commercial) jurisdiction. They also
decided civil and family matters among the Muslim population. Over
that period Hindus were generally granted their own tribunals in civil
matters. Muslim rulers did not attempt to control the administration