Mixed Race Studies

Race, Religion and Law in Colonial India: Trials of an Interracial Family by Chandra Mallampalli (review) [Epstein]

Victorian Studies
Volume 56, Number 3, Spring 2014
pages 519-520
DOI: 10.1353/vic.2014.0064

James Epstein, Distinguished Professor of History
Vanderbilt University, Nashville, Tennessee

Mallampalli, Chandra, Race, Religion and Law in Colonial India: Trials of an Interracial Family (Cambridge, New York: Cambridge University Press, 2011)

The case of Abraham v. Abraham (1854–63) was extraordinary. It took nearly a decade to decide as it passed through the district civil court at Bellary in southern India, the appeals court at Madras, and finally the Privy Council’s Judicial Committee. The case repeatedly confounded legal categories based alternately on Hindu and English law and the fixed categories of Britain’s post-1857 colonial regime. In Race, Religion and Law in Colonial India, Chandra Mallampalli skillfully guides readers through the intricacies of the case, studying the social world inhabited by one family drawn into litigation and measuring the gap between their life-world and the protocols of the court. The period was one of imperial crisis and transition, as the British Crown assumed direct control over Indian territories following the 1857 Rebellion and authorities adopted a more cautious approach in governing Indian society. As the author writes, the more conservative turn of liberal governance “gave rise to an imperial multiculturalism, a policy of classifying colonial subjects according to race, religion, caste, or ethnicity,” while accentuating the difference between colonial subjects and colonizers (5).

Matthew Abraham was born into a Tamil-speaking family of “untouchables” (paraiyar community) who had converted to Catholicism. He subsequently converted to Protestantism and married Charlotte Fox, a Eurasian of Anglo-Portuguese descent. Matthew was part of the mobile group of camp followers who gravitated to the garrison town of Bellary. Access to the colonial culture centered on Bellary’s cantonment. The town’s thriving bazaar economy gave scope for Matthew’s enterprising talents and ambition; the locality’s social fluidity proved important to his self-fashioning. At the time of his marriage in 1820, he was working in the arsenal and selling military surplus items. Fairly soon he owned a distillery and most crucially was granted the East India Company contract to produce and supply liquor to the troops and local retailers—an irony, given his conversion to Evangelical Protestantism. The family prospered. Matthew assumed English customs and associated predominately with Europeans. He belonged to the class of doras, persons of local prominence, and was identified as an east Indian, a term usually reserved for those of mixed European and native blood. By a twist of fate, an oversight perhaps, the underlying complexities of this personal success story emerged in court records and now again in this fascinating book. Matthew died having left no will. His wife and his brother, Francis, who was involved in the family’s expanding business networks, fell out; they were unable to agree on a settlement or a legal heir, a necessary condition for their business dealings. From Matthew’s death in 1842 until Charlotte filed suit in 1854, the Abrahams “were a family in search of a law” (99). Once the case came to court, it produced a huge archive, with evidence taken from 271 witnesses and a series of conflicting verdicts.

In simplest terms, the case turned on whether Hindu or English law pertained. The Anglo-Indian system of civil or personal law mandated that Indians were governed according to their own laws whether Hindu or Muslim. As Mallampalli notes, a policy initially meant to promote religious tolerance also helped to create the fiction of coherent religious communities. The law seemed incapable of accommodating the intermingling of conditions and fluid identities that characterized the lives of the Abrahams. The legal agency of Charlotte and Francis depended on their ability to exploit the legal options open to them (in a sense, this is true of all legal proceedings). Hindu law worked to the advantage of male heirs. Charlotte and her legal councilors insisted that the family had been completely assimilated into the religion, customs, and lifestyle of Europeans and was therefore subject to English law with its emphasis on individual enterprise and ownership. Matthew’s brother was merely a business agent and subordinate family member. In contrast, Francis argued for continuity with Hindu tradition and his and Matthew’s undivided brotherhood, which would leave him as sole family heir. In this version, despite their Christian religion and European attitudes, the two brothers had been born into a class of persons who continued to observe the practice of Hindu…

Race, Religion, and Law in Colonial India. Trials of an Interracial Family [Review]

Reviews in History: Covering books and digital resources across all fields of history
October 2012

Peter Robb, Research Professor of the History of India
School of Oriental and African Studies
University of London

Race, Religion, and Law in Colonial India. Trials of an Interracial Family, Chandra Mallampalli, Cambridge, Cambridge University Press, 2011, ISBN: 9781107012615; 286pp.

This book uses the story of one family and its legal battles to uncover relationships between religion, race, gender, identity, and personal law in south India in the first half of the 19th century. Matthew Abrahams was an Indian Roman Catholic of lowly background but increasing wealth. He married an Anglo-Portuguese woman, Charlotte Fox, and adopted what was regarded as a largely ‘East Indian’ (or Anglo-Indian) lifestyle. His money was made from the abkari (liquor) contract, trading in arms and money lending in Bellary and also Kurnool after the annexation of 1839. One of his sons, Charles, was sent to Cambridge University to study for the law. After Matthew’s death, intestate, in 1842, his younger brother, Francis, continued to manage and develop the business. Starting in 1854, suits were brought against Francis by Charlotte and her sons, for possession of Matthew’s estate. They progressed from the Bellary District Court, on appeal to the Sadr Adalat in Madras, and then to the Privy Council in London.

The main point at issue was whether or not Matthew and Francis had operated on a joint family basis, as partners, or as master and servant. It suited Francis’s case to claim that the Abrahams were a joint family, in line with supposed Hindu custom, but also with the alleged practice of many Indian converts to Christianity. It suited Charlotte to insist that Francis had been a mere employee with no rights in his brother’s estate, which therefore ought to devolve according to ‘Christian’ principles. The District Court agreed with Charlotte; the appellant court found for Francis; and the Privy Council cut through both arguments, arguing that personal law ought to follow not inherited traditions but the lifestyle. This final judgment (of 1863) favoured Charlotte on the point of inheritance. But it also supported Francis’s rights as an active partner in business, entitled to rewards at very much the level Francis had offered to accept before the litigation began.

The story is used to advance several themes. The first concerns the conditions of life in the towns and military cantonments of a southern dry zone during a period of transition, from around 1812 to the 1850s. The second covers questions of family life, custom, and identity, particularly among liminal peoples such as the Abrahams, comprising as they did ‘Hindu’ Christians and mixed-race Protestant ‘East Indians’. (A chapter on Charles in Cambridge provides an intriguing but inconclusive footnote to this story.) Finally there are the legal and policy changes in the run-up to the establishment of the Indian High Courts in 1862, and in particular the development of a personal law according to religion – and hence the re-invention or formation of ‘communities’ in British India.

There is much of interest under the first two themes, many details being revealed in the trial papers. Several chapters are devoted to the growing wealth and status of the Abrahams. Bellary, ceded to the Company by Hyderabad in 1800 under the subsidiary alliance, is painted as a frontier place, dominated by the Company’s army and a host of camp followers. A very good impression is conveyed of the intermixture of races and communities. Bellary was clearly changing and offered opportunities to the resourceful, such as Matthew Abrahams. The Rev. John Hands of the non-denominational LMS, who converted Matthew to Protestantism, and who was later known for his translation of the Bible into Kannada, arrived in Bellary in 1810, before the change in the charter that permitted missionaries in Company territories (1813). On his arrival, Hands reported, the settlement already had seven native schools with 300 children.In this milieu, Matthew and then Francis shrugged off any links to an ‘untouchable’ paraiyar ancestry and became dora (big man). Their patterns of marriage and association show, it is suggested, somewhat obscurely, ‘how lower orders of society within an economic dry zone were uniquely suited for various forms and degrees of mixture’ (p. 26). More obviously, the circumstances seem to have provided for upward mobility…

Read the entire review here.

Race, Religion and Law in Colonial India: Trials of an Interracial Family

Cambridge University Press
November 2011
286 pages
6 b/w illus. 3 maps
228 x 152 mm; 0.51kg
Hardback ISBN: 9781107012615
Adobe eBook ISBN: 9781139181242
Mobipocket eBook: ISBN:9781139184861

Chandra Mallampalli, Associate Professor of History
Westmont College, Santa Barbara, California

How did British rule in India transform persons from lower social classes? Could Indians from such classes rise in the world by marrying Europeans and embracing their religion and customs? This book explores such questions by examining the intriguing story of an interracial family who lived in southern India in the mid-nineteenth century. The family, which consisted of two untouchable brothers, both of whom married Eurasian women, became wealthy as distillers in the local community. When one brother died, a dispute arose between his wife and brother over family assets, which resulted in a landmark court case, Abraham v. Abraham. It is this case which is at the center of this book, and which Chandra Mallampalli uses to examine the lives of those involved and, by extension, of those – 271 witnesses in all – who testified. In its multilayered approach, the book sheds light not only on interracial marriage, class, religious allegiance, and gender, but also on the British encounter with Indian society. It shows that far from being products of a “civilizing mission” who embraced the ways of Englishmen, the Abrahams were ultimately – when faced with the strictures of the colonial legal system – obliged to contend with hierarchy and racial difference.

Features

• A singular court case from the nineteenth century is at the heart of this intriguing book on race and hierarchy in colonial India
• A rich and engaging multi-layered approach which interrogates legal documents and interviews with witnesses to unveil social history of the period
• For students and scholars of colonial India, and legal and social historians

Table of Contents

• Introduction
• 1. Remembering family
• 2. Embodying ‘Dora-hood’: the brothers and their business
• 3. A crisis of trust: sedition and the sale of arms in Kurnool
• 4. Letters from Cambridge
• 5. The path to litigation
• 6. Litigating gender and race: Charlotte sues at Bellary
• 7. Francis appeals: the case for continuity
• 8. Choice, identity, and law: the decision of London’s Privy Council.