Asceticising monastic families: Ascetic genealogies, property feuds and anglo-hindu law in late colonial India

Modern Asian Studies

Volumn 43, Issue 5, 2009, Pages 1039-1083

  Kasturi, Malavika ^a  

^a UNIVERSITY OF TORONTO   (Canada)

Author keywords

[No Author keywords available]

Indexed keywords

GENDER; GENEALOGY; HINDUISM; KINSHIP; OWNERSHIP; SEXUALITY; TWENTIETH CENTURY;

INDIA;

EID: 72449139708     PISSN: 0026749X     EISSN: 14698099     Source Type: Journal    
DOI: 10.1017/S0026749X08003843     Document Type: Article

References (264)

1. Communiqúe, 9 March 1915, in General Administration Department (hereafter GAD), F/751/1915, Box 289, Uttar Pradesh State Archives (hereafter UPSA).
2. Notes and Orders, Serial One, 19 November 1907, in GAD, F/751/1915, Box 289, UPSA. For information on Musumat Phuljaria, see the 'Claims of the Dasnamis' attached to Notes and Orders, 19 August 1908, in GAD, F/751/1915, Box 289, UPSA.
3. The generic term gosain is used when discussing ascetics belonging to various sampradayas. While the term bairagi has been used to refer specifically to members of Vaishnava orders, as William Pinch points out, from the nineteenth century both Shaiva and Vaishnava sampradayas often defined themselves as gosains. W. Pinch, Peasants and Monks in British India (New Delhi: Oxford University Press, 1996), pp. 43-47
4. P. Chatterjee, The Nation and Its Fragments, Colonial and Post-colonial Histories (New Delhi: Oxford University Press, 1993), pp. 16-34, 74.
5. I. Chatterjee, 'Introduction', in I. Chatterjee (ed.), Unfamiliar Relations, Family and History in South Asia (New Brunswick: Rutgers University Press, 2004), pp. 1-36.
6. For general discussions of kinship and belonging see M. Strathern, Reproducing the Future, Anthropology, Kinship and the New Reproductive Technologies (Manchester University Press, 1992);
7. J. Karsten, Cultures of Relatedness, New Approaches to the Study of Kinship (Cambridge: Cambridge University Press,2000);
8. S.Franklin andS.Mackinnon (eds.), Relative Values, Reconsidering Kinship Studies (Durham: Duke University Press, 2001).
9. Indrani Chatterjee points out that by paying attention to the semantic aspects of family in court records, oral kin narratives or archival texts, we may understand the micro-politics of the family. Chatterjee, 'Introduction', in I. Chatterjee (ed.), Unfamiliar Relations, pp. 13-14.
10. Also see I. Chatterjee, 'Gossip, Taboo and Writing Family History', in Chatterjee (ed.), Unfamiliar Relations, pp. 222-260
11. W. Pinch, Warrior Ascetics and Indian Empires (Cambridge: Cambridge University Press, 2006), p. 158.
12. For a discussion of the begums and ranis associated with the Dasnami akharas, see pp. 148-193
13. Ibid., p. 259.
14. Ibid., pp. 188-189
15. V. Turner, Dramas, Fields and Metaphors, Symbolic Action in Human Society (Ithaca: Cornell University Press, 1974), p. 33.
16. The idea of legal social dramas is borrowed from A. Appadurai, Worship and Conflict under Colonial Rule, A South Asian Case (Cambridge: Cambridge University Press, 1981), pp. 1-9.
17. For the ways in which the different meanings of family were manipulated by courts and litigants, see S. Vatuk, 'Family as a Contested Concept in Early Nineteenth Century Madras', in Chatterjee (ed.), Unfamiliar Relations, pp. 161-184
18. For the new 'rule' of property in colonial India, see R. Guha, A Rule of Property for Bengal, An Essay on the Idea of Permanent Settlement (Paris: Mouton, 1963).
19. See Appadurai, Worship and Conflict, pp. 63-104.
20. Also see G. Koslowski, Muslim Endowments and Society in British India (Cambridge: Cambridge University Press, 1985);
21. I. Banerjee-Dube, Divine Affairs, Religion, Pilgrimage and the State in Colonial and Postcolonial India (Shimla: Indian Institute for Advanced Study, 2001).
22. For the relationship between rulers and temples before British rule, see S. Guha, 'Wrongs and Rights in the Maratha Country, Antiquity, Custom and Power in Eighteenth Century India', in S. Guha and M. Anderson (eds.), Rights and Justice in South Asia (New Delhi: Oxford University Press, 1998), pp. 14-29;
23. U. Chakravarti, Rewriting History, The Life and Times of Pandita Ramabai (New Delhi: Kali for Women, 1998).
24. Appadurai, Worship and Conflict, pp. 63-104;
25. Koslowski, Muslim Endowments.
26. For a useful reassessment and analysis of the distinctions between public and private charities seen through the lens of the Charitable Endowments Acts, see R. Birla, 'Hedging Bets, The Politics of Commercial Ethics in Late Colonial India' (unpublished Ph.D. dissertation, Columbia University, 1999).
27. D. Washbrook, 'Law, State and Agrarian Society in Colonial India', Modern Asian Studies (hereafter MAS), 15:3, 649-721, 1981.
28. Families in spaces viewed as sacred and secular struggled to accommodate a variety of attachments, rights and obligations under British rule. For an example of property feuds within elite lineages in colonial India, see M. Kasturi, Embattled Identities, Rajput Lineages and the Colonial State in Nineteenth Century North India (New Delhi: Oxford University Press, 2002), pp. 137-71;
29. R. Sturman, 'Property and Attachments, Defining Autonomy and the Claims of Family in Nineteenth Century India', Comparative Studies in Society and History (hereafter CSSH), 47:3, 611-637, 2005.
30. M. Kasturi, 'All Gifting is Sacred, The Social History of Dana in Late Colonial India' (unpublished seminar paper, History Department Seminar, UniversityofDelhi, September 2006) gives a fuller exposition of the unstable and shifting values of gifts and the contexts in which they were given meaning in late colonial India.
31. Property mediated relationships between people, separated them or brought them together, especially when land was bought, sold, inherited, or disputed. M. Strathern, Property, Substance and Effect, Anthropological Essays on Persons and Things (London and New Brunswick: Athlone, 1999), pp. 16-21;
32. M. Judy-Bellini and B. Juillerat (eds.), People and Things, Social Mediations in Oceania (Durham: Carolina Academic Press, 2002), pp. 12-23.
33. The literature on renunciation, and its connections with the asramas (and asceticism), is vast and only a few authors are quoted on the permeable boundaries between 'asceticism and the world of domesticity and sexuality'. Examples include, P. Olivelle, Renunciation in Hinduism, A Medieval Debate, The Debate and Advaita Argument, Vol.1 (Vienna: Institut für Indologie der Universität Wien, 1989), pp. 17-29;
34. P. Van der Veer, Gods on Earth, Religious Experience and Identity in Ayodhya (New Delhi: Oxford University Press, 1988), pp. 66-182;
35. D. Lorenzen, 'Introduction', in D. Lorenzen (ed.), Religious Movements in South Asia, 600-1800 (New Delhi: Oxford University Press, 2004), pp. 7-9;
36. R. Bughart, 'The Founding of the Ramanandi Sect, in Lorenzen (ed.), Religious Movements, pp. 227-50;
37. J. Openshaw, Seeking Bauls of Bengal (Cambridge: Cambridge University Press, 2004), pp. 125-139
38. For a discussion of the ways in which asceticism was incorporated within the lives of lay worshippers and householders, see J. Laidlaw, Riches and Renunciation, Religion, Economy and Society Among the Jains (Oxford: Clarendon Press, 1995), pp. 151-89;
39. S. Sarkar, 'Kaliyuga, Chakri and Bhakti, Ramakrishna and His Times', in S. Sarkar, Writing Social History (New Delhi: Oxford University Press, 1997), pp. 282-357.
40. Van der Veer, Gods on Earth, pp. 154-171
41. In his studyofthe Ramanandisof Ayodhya, Van der Veer shows how the language of kinship is used for expressing the relationships within ascetic orders. See Van der Veer, Gods on Earth, pp. 72-75.
42. For distinctions between official and practical kinship see P. Bourdieu, Outline of a Theory of Practice (Cambridge: Cambridge University Press, 1977), pp. 33-43.
43. Bourdieu differentiated between 'official' and 'practical' kinship within genealogically linked groups. While official kinship consists of the official definition of social reality presented by the group, practical relationships are continuously kept up and cultivated. Bourdieu likens the genealogical tree to a 'spatial diagram' in which the various permutations and combinations of kinship relations exist in totality as a theoretical construct. Bourdieu, Outline, pp. 39-43.
44. For an analysis of the relationship between asceticism and women, see R. Guha, 'Chandra's Death', in R. Guha (ed.), A Subaltern Studies Reader, 1985-1995 (New Delhi: Oxford University Press, 1997), pp. 51-55.
45. On the history of courtesans, see V. Oldenburg, 'Lifestyle as Resistance, The Case of the Courtesans of Lucknow', in G. Prakash and D. Haynes (eds.), Contesting Power, Resistance and Everyday Social Relations in South Asia (University of California Press, 1992), pp. 23-55;
46. T. Sarkar, 'Talking About Scandals, Religion, Law and Love in Late Nineteenth Century Bengal', in T. Sarkar, Hindu Wife, Hindu Nation, Community, Religion and Cultural Nationalism (New Delhi: Permanent Black, 2001), pp. 53-94;
47. Pinch, Warrior Ascetics, pp. 185-187
48. Pinch has shown that the members of wealthy akharas in late colonial India were able to fall back on the substantial endowments, largely land, acquired during the eighteenth century, Pinch, Peasants and Monks, p. 29.
49. On popular religiosity, see C. A. Bayly, Rulers, Townsmen and Bazaars, North Indian Society in the Age of British Expansion (Cambridge: Cambridge University Press, 1985);
50. S. Freitag, Culture and Power in Banaras, Community, Performance and Environment, 1800-1980 (University of California Press, 1989);
51. K. Prior, The British Administration of Hinduism in North India, 1780-1900 (unpublished Ph.D. dissertation, University of Cambridge, 1990);
52. P. Lutgendorf, The Life of a Text, Performing the Ramcaritmanas of Tulsidas (University of California Press, 1991);
53. R. Kaur, Performative Politics and the Cultures of Hinduism, Public Uses of Religion in Western India (New Delhi: Permanent Black, 2003).
54. For analyses highlighting the role of property disputes for transforming power and gender hierarchies, see P. Price, Kingship and Political Practice in Colonial India (Cambridge: Cambridge University Press, 1996);
55. U. Chakravarthy, Rewriting History, The Life and Times of Pandita Ramabai (New Delhi: Kali for Women, 1998);
56. R. Sturman, 'Family Values, Refashioning Property and Family in Colonial Bombay Presidency, 1880-1937' (unpublished Ph.D. dissertation, University of California, Davis, 2001);
57. Kasturi, Embattled Identities, pp. 137-171
58. Pinch, Peasants and Monks, pp. 43-45
59. For a discussion of the manipulation of spiritual genealogies, see R. Bughart, 'The Founding of the Ramanandi Sect', in Lorenzen (ed.), Religious Movements, pp. 234-245
60. Pinch, Peasants and Monks, p. 24.
61. B. H. Cohn, 'The Role of Gosains in the Economy of Eighteenth and Nineteenth Century Upper India', Indian Economic and Social History Review (hereafter IESHR), 1: 175-182, 1964;
62. D. A. Kolff, 'Sannyasi Trader-Soldiers', IESHR, 8: 213-220, 1971.
63. Note by Mr Barlow 'Deputed to Enquire into the Trade and Coinage of Banaras', to Governor General in Council, Commissioners Office, Banaras, 24 August 1787, in Duncan's Records, August 1787, Vol.7, Basta 2, Uttar Pradesh Regional Archives, Allahabad (hereafter UPRAA).
64. Petition of Hindus and Mussalmans of all Classes, 21 January 1811, in Banaras Collectorate Pre-Mutiny Records Register 8, Letters Issued and Received, 1800-1820, Basta 2, UPRAA.
65. Francis Buchanan Hamilton, 'Account of Behar and Patna', Mss. Eur. D/85, Oriental and India Office Records (hereafter OIOC), pp. 255-256
66. Pinch, Peasants and Monks, p. 31.
67. Secretary to Government, North Western Provinces (hereafter NWP) and Awadh, from Commissioner, Meerut Division, 8 February 1893, in GAD, F/432B, Box 12, UPSA.
68. Cohn,'Gosains in the Economy', IESHR, p. 181.
69. Witness depositions suggest that the income of the Madhavi gosains drew heavily from their disciples, and other pilgrims. Deposition of Radha Rawa Das, Gosain, Brindavan, 15 September 1884;
70. DepositionofBabu Madho Das, son of Manak Charan Agarwala, Rais of Banaras, both printed among the papers attached to Krishna Das versus Gosain Tole Ram and Others, First Appeal 44/1885, 7 March 1885, First Appeal Basta/1885, Allahabad High Court Decided Civil Cases Record Room (hereafterAHCDCCRR). The laydisciplesall stressed thattocultivate purity, honesty and thoughtfulness, their forefathers not only became chelas, but dedicated goods of every description and landed properties to the temple.
71. Deposition of Bunsee Lal, Plaintiff's Witness, 27 November 1875, Gomastha, in Gosain Peri Narain Gir, versus Mussumat Lall Monee (no case number), Regular Appeal, 61/1873, First Appeal Basta/1874, AHCDCCRR. Also see Sale Deed Executed by Bhageenitee and Others, 6 May 1862, Gosain Peri Narain Gir versus Mussumat Lall Monee, AHCDCCRR.
72. Wajib-ul-arz of Mahal Dungurpur Khas and of Mahal Reotpur, Zamania Pargana, Ghazipur District, 21 October 1927, in Secretary of State for India in Council versus Sat Narain Rai and Others, First Appeal 265/1928, First Appeal Basta/1922, AHCDCCRR.
73. Hamilton, 'Account of Behar and Patna', Mss. Eur. D/85, pp. 204-207, OIOC.
74. Judgement of Sub-Judge of Agra, 14 September 1884, in Krishna Das versus Gosain Tola Ram, First Appeal 44/1885, AHCDCCRR.
75. Agreement Executed by Gosain Tole Ram, 11 March 1880: Judgement of the Sub-Judge of Agra, 14 September 1884, both in Krishna Das versus Gosain Tole Ram, First Appeal44/1885, AHCDCCRR. By the 1880s, the bhandar of the Madhavi Gosains expanded to include temples, land and pilgrims' offerings in Mathura, Brindavan and Agra, in addition to houses, shops, jewellery, cash, silver, gold plates and clothes.
76. Agreement Executed by Gosain Tole Ram, 11 March 1880, in Krishna Das versus Gosain Tole Ram, First Appeal 44/1885, AHCDCCRR.
77. Deposition of Baba Mahima Chandra Juardar, 5 September 1884, in Krishna Das versus Gosain Tole Ram and Others, First Appeal 44/1885, AHCDCRR.
78. Pir Chet Nath and Pir Puran Nath versus Dwarka Nath, First Appeal 65/1907, Basta/1906-7, AHCDCCRR.
79. Agreement ExecutedbyGosain Tole Ram, 11 March 1880 in Krishna Das versus Gosain Tole Ram and Others, First Appeal 44/1885, AHCDCCRR.
80. Hamilton, 'Account of Behar and Patna, Mss. Eur. D/85, p. 207, OIOC.
81. Petition of Mahant Prag Das, Bishnu Bairagi, 19 July 1884; Decree of the Chief Justice, High Court, 15 January 1885, both in Ram Narain Pandey and Jagat Narain Pandey versus Mahant Prag Das, First Appeal 15/1885, AHCDCCRR.
82. Deposition of Sukhdeo Lal, Bhumihar, 9 December 1924, in Mahadeo Bharti versus Madho Rai and Others, First Appeal 133/1929, Basta /1929, AHCDCCRR.
83. Judgement of Niamut Ullah, High Court Judge, Allahabad, 6 March 1929, in Mahadeo Bharti versus Madho Rai and Others, First Appeal 133/1929, AHCDCCRR.
84. For further details of math affairs, see the printed version of the court proceedings of the Subordinate Judge of Ghazipur, in Mahadeo Bharti versus Madho Rai and Others, First Appeal 133/1929, AHCDCCRR.
85. See the Judgement of Judge Mukherjee, High Court Judge, Allahabad, 6 March 1929 and Judgement of Niamut Ullah, High Court Judge, Allahabad, 6 March 1929, both in Mahadeo Bharti versus Madho Rai and Others, First Appeal 133/1929, AHCDCCRR.
86. For a similar discussion, see Som Giri versus Ram Ratan Giri, Allahabad Law Journal Report (hereafter ALJR), 1941, pp. 660-667.
87. Codicil of the will of Saraswati Gir, 6 December 1895 Filed by Mussumat Sitla Gir, Applicant in Case 50/1898 versus Jagannath, in Banaras Collectorate Records (hereafter BCR), List 4, File 112, Department 10, Box 40, Uttar Pradesh Regional Archives Baranas (hereafter UPRAB)
88. Ibid.
89. Ibid.
90. Ibid.
91. Ibid.
92. Thus, Mahant Shankaranand Giri of Gaddi Shankar Ashram of Bhimgodda in Saharanpur asserted in 1924 that his successor 'shall be in every way, the owner of the entire moveable and immoveable property and cash given below in my possession at present or which I might acquire in the future'. Som Giri versus Ram Ratan Giri et al., High Court, ALJR, 1941, p. 662.
93. Kartar Singh Bedi versus Dayal Das et al., Privy Council, ALJR, 1939, p. 810.
94. Political Agent, Bharatpur Agency, to Resident, Delhi, 9 April 1831, in Foreign Department, Political Consultations, 27 May 1831, No.30, National Archives of India (hereafter NAI).
95. Kuar Lachman Singh remarked that 'the term bairagiisapplied indiscriminately to all sorts of mendicants, who generally lead a vagrant life. . .. There is no distinction of caste among them, but the sectarian sub-divisions are many'. Kuar Lachman Singh, The Historical and Statistical Memoir of Bulandshahr, 1874 (Allahabad, Government Press, 1874), p. 187.
96. For a fuller discussion of the meanings of the terms gosain and bairagi, see Pinch, Peasants and Monks, pp. 27-47.
97. Report of the Administration of the Police of North-Western Provinces and Oudh, 1888 (Allahabad: Government Press, 1888), p. 21.
98. Baba Jagtanand Brahmachari versus Brahmdeo and Others, High Court, 22 September 1939, ALJR, p. 992.
99. Amongst Dasnami orders, the 'tantra-shakta constellation of meanings' posited that women 'may well have resided at the core of gosain asceticism as the font from which all military success and political power, and war booty flowed', Pinch, Warrior Ascetics, pp. 210-211
100. Hamilton, 'Account of Behar and Patna', Mss. Eur. D/85, p. 223, OIOC.
101. Deposition of Tulsi Das, 1 August 1874, in Saligram Das versus Musssumat Sujanio, Regular Appeal 8/1875, First Appeal Basta/1874-5, AHCDCCRR.
102. W. Crooke, Tribes and Castes of the North-Western Provinces and Oudh, Vol.4 (Allahabad: Office of Superintendent of Government Printing, 1892; reprinted, Asian Educational Services, 1999), p. 426.
103. Mohan Lalji and Another versus Gordhan Lalji Maharaj and Others, Privy Council, 11 February 1913, ALRJ, 1913, Vol.35, p. 285.
104. See case of Saraswati Gir and Narain Gir, cited below.
105. Crooke, Tribes and Castes, Vol.2, p. 471.
106. Tribes and Castes, Ibid., p. 472.
107. A visitor to Chaitanya maths in Bengal in 1928 observed that in most akharas and maths, female ascetics, or bairagins lived quite openly with the Mahants as wives. The Chaitainya Matt, A Study of Vaishnavism in Bengal (Mysore, 1925), pp. 170-171
108. The Report of the Police of the North Western Provinces and Oudh, Year Ending June 1893 (Allahabad: Government Press, 1894), p. 59.
109. The Bengal District Gazetteer, Saran (Calcutta: Government Press, 1908), pp. 45-47
110. Deposition of Dewa Das, Bairagi, 1 August 1874, in Saligram Das versus Mussumat Sujano, First Appeal 8/1875, AHCDCCRR.
111. Agreement executed byGosain Tole Ram, 11 March 1880,inKrishna Das versus Gosain Tole Ram and Others, First Appeal 44/1885, AHCDCCRR.
112. See case studies cited below.
113. Bengal District Gazetteer, pp. 45-47
114. Babu Jyotish Swarup, Pleader, Dehra Dun, to Rai Bahadur Pandit Keshavanand Mumgain, Third Member of Council of Regency, Tehri Darbar, 14 May 1915, in Political Department, F/185/1915, Box 360, UPSA.
115. High Court Judgement, 8 August 1875, in Saligram Das versus Musssumat Sujanio, Regular Appeal 8/1875, AHCDCCRR.
116. Award Received by Panches in a Committee Composed of Bairagis Regarding the Management of the Temple of Mahant Janki Das in Mohulla Karoli, Moradabad, 11 December, 1862, in Saligram Das versus Musssumat Sujanio, Regular Appeal 8/1875, AHCDCCRR.
117. Deposition of Tulsi Das, 1 August 1874; Deposition of Jairam Das Bairagi, 1 August 1874, both in Saligram Das versus Musssumat Sujanio, Regular Appeal 8/1875, AHCDCCRR. Jairam Das, a member of the panchayat that had removed Salig Ram as Mahant, deposed that Raman Bai was a Kayasth, and had been 'kept' by Janki Das. The latter, he averred, had contracted a gandharva marriage with her, as per the custom of the bairagis.
118. Deposition of Gurg Das, Bairagi; Judgement of the Sub-Judge of Moradabad, 8 August 1874; High Court Judgement, 27 August 1875, all in Saligram Das versus Musssumat Sujanio (Alias Raman Bai), Regular Appeal 8/1875, AHCDCCRR.
119. Deposition of Dewa Das, 1 August 1874, in Saligram Das versus Musssumat Sujanio, Regular Appeal 8/1875, AHCDCCRR.
120. Written Statement Filed by Mussumat Raman Bai, 17 January 1874, in Ahmed Baksh versus Mussumat Sujano, First Appeal 124/1874, AHCDCCRR.
121. Allahabad High Court Judgement, 27 August 1875, in Saligram Das versus Musssumat Sujanio, Regular Appeal 8/1875, AHCDCCRR.
122. Officiating Commissioner, Banaras Division, to Joint Secretary, Board of Revenue, 12 October 1900, in Banaras Commissioners Records (hereafter BCMR), List 2, File 95, Department 10, Box 6, UPRAB. Also see will of Saraswati Gir, 6 December 1895, in BCR, List 4, File 112, Department 10, Box 40, UPRAB.
123. Translation of a Deed of Release Executed by Mussumat Sital Girin, 6 December 1895, in BCMR, List 2, File 95, Department 10, Box 6, UPRAB.
124. Ibid.
125. Mussumat Sitla Gir versus Gosain Jagannath Gir, High Court of Judicature for NWP and Awadh, 18 February 1899, in BCMR, List 2, File 95, Department 10, Box 6, UPRAB.
126. Ibid.
127. Ibid.
128. Officiating Commissioner, Banaras Division, to Secretary, Board of Revenue, NWP and Awadh, 22 August 1890, in BCR, List 4, File 112, Department 10, Box 40, UPRAB.
129. Report of the Administration of Police of North Western Provinces and Oudh, Year Ending June 1875 (Allahabad: Government Press, 1875), Appendix 4 B. The police report of 1877 suggested such kidnappings often took place with the connivance of parents.
130. Report of the Secretary to Government, NWP, to Inspector General of Police, NWP and Awadh, 11 October 1878, Report of Administration of Police of North Western Provinces and Oudh, Year Ending June 1878 (Allahabad: Government Press, 1878), p. 5.
131. Petitionof Manoharlal, Banaras, toCollector, Banaras (undated),inBCR, List 4, File 112, Department 10, Box 40, UPRAB.
132. Ibid.
133. Ram Dulari Gir, to Collector, Banaras, 16 July 1913, in BCR, List 4, File 112, Department 10, Box 40, UPRAB.
134. Kartar Singh Bedi versus Dayal Das and Others, Privy Council, 15 June 1939, ALJR, 1939, pp. 810-814
135. E. Stokes, The English Utilitarians and India (Oxford: Clarendon, 1969);
136. and Guha, Rule of Property.
137. R. Singha, A Despotism of Law, Crime and Justice in Early Colonial India (New Delhi: Oxford University Press, 1998), p. xi.
138. The literature on the codification of personal law is vast. See, N. Bhattacharya, 'Remaking Custom, The Discourse and Practice of Colonial Codification', in R. Champakalakshmi and S. Gopal (eds.), Tradition, Dissent and Ideology, Essays in Honour of Romila Thapar (New Delhi: Oxford University Press, 1996), p. 48;
139. L. Mani, 'Contentious Traditions, The Debate on Sati in Colonial India', in K. Sangari and S.Vaid (eds.), Recasting Women, Essays in Colonial History (New Delhi: Kali For Women, 1989), pp. 88-121;
140. Z. Hasan (ed.), Forging Identities, Gender, Communities and the State in India (Boulder, Colorado: Westview, 1994);
141. J. Nair, Women and Law in Colonial India, A Social History (New Delhi: Kali for Women, 1996);
142. Kasturi, Embattled Identities, pp. 149-154
143. J. D. M. Derrett, Religion, Law and the State in India (New Delhi: Oxford University Press, 1999);
144. S. A. Kugle, 'Framed, Blamed and Renamed, The Recasting of Islamic Jurisprudence in Colonial South Asia', MAS, 35:2, 257-313, 2001;
145. P. Koduth, 'Courting Legitimacy or Delegitimising Custom? Sexuality, Sambandhanam, and Marriage Reform in Late Nineteenth Century Malabar', MAS, 35:2, 349-384, 2001;
146. Sturman, 'Family Values';
147. G. Arunima, There Comes Papa, Colonialism and the Transformation of Matriliny in Kerala, Malabar,1850-1940 (New Delhi: Orient Longman, 2003).
148. B. H. Baden-Powell, Land Systems of British India, Being a Manual of the Land Tenures and the Systems of Land-Revenue Administration Prevalent in the Several Provinces, Vol.3 (Oxford: Clarendon, 1892), pp. 98-99.
149. Baden-Powell was influenced by Henry Maine's idea that ancient societies were aggregations of families. H. S. Maine, Ancient Law, Its Connection with the Early History of Society and Its Relation to Modern Ideas, 10th ed. (London: Murray, 1885), pp. 121-127, 256.
150. D. J. M. G. Sontheimer, The Hindu Joint Family, Its Evolution as a Legal Institution (New Delhi: Munshiram Manoharlal, 1977);
151. Derrett, Religion, Law and the State.
152. H. T. Colebrook (trans.), 'The Mitakshara', The Dayabhaga and the Mitakshara, Two Treatises on the Hindu Law of Inheritance (Calcutta, 1810; reprint, New Delhi, 1984), pp. 276-277
153. Also see W. Mcnaughten, Principles of Hindu Law, Being a Compilation of Primary Rules Relative to the Doctrine of Inheritance, Contracts and Miscellaneous Subjects, Together with Notes Illustrative and Explanatory and Preliminary Remarks (Calcutta, 1820).
154. Kasturi, Embattled Identities, pp. 164-169
155. Many records of rights illustrated that civil court decisions were ignored. See, for example, the wajib-ul-arz of mahal Reotpur, Zamana Pargana, Ghazipur District, 21 October 1927, in Secretary of State for India in Council versus Sat Narain Rai and Others, First Appeal 265/1928, AHCDCCRR.
156. From the beginning of the twentieth century, the avowed need for law to adapt itself to the 'habits and customs of every community' resulted in added emphasis placed upon normative family, caste, and community 'customs'. For details on customary law, see Derrett, Religion, Law;
157. Sontheimer, Joint Family. Customary usages were selectively interpreted and civil court interpretations of the same were often ignored.
158. For example, see the wajib-ul-arz of mahal Reotpur, Zamana Pargana, Ghazipur District, 21 October 1927, in Secretary of State for India in Council versus Sat Narain Rai and Others, First Appeal 265/1928, First Appeal Basta/1922, AHCDCCRR.
159. Sturman, 'Property and Attachments', CSSH, pp. 612-613
160. Kasturi, Embattled Identities, pp. 143-171
161. Embattled Identities, Ibid., pp. 137-171
162. R. West, A Digest of Hindu Law of Inheritance, Partition and Adoption (Bombay: Education Society, 1884), pp. 636-637
163. In 1881 land files recording village customs, reiterated that 'a mistress treated like a wife, and the child of a mistress shall be entitled to transfer property and to obtain and receive property'. See Bhauni versus Maharaj Singh, Weekly Notes Of Cases Decided by the High Court, North-Western Provinces, 1881 (Allahabad: Government Press, 1881), p. 48.
164. For a recent scholarly examination of legal attitudes towards 'illegitimacy' in colonial India, see Chatterjee, Gender, Law and Slavery, pp. 83-5;
165. Chatterjee, 'Gossip, Taboo and Writing Family History', in Chatterjee (ed.), Unfamiliar Relations, pp. 222-260
166. Narain and Another versus Mohar Singh, High Court, 22 December 1936, ALJR, p. 255.
167. Chief Justice Sulaiman, quoted in Jagarnath Gir versus Sher Bahadur Singh, 26 February 1934, High Court, ALJR, 1935, pp. 165-167
168. Codicil of the will of Saraswati Gir, 6 December 1895, in BCR, List 4, File 112, Department 10, Box 40, UPRAB.
169. W. Pinch, 'Reinventing Ramanand, Caste and History in Gangetic India', MAS, 30:3, 557, 1996.
170. Pinch, Warrior Ascetics, pp. 148-189
171. Chhajju Gir et al. versus Diwan, Indian Law Report, Allahabad Series (ILRA), 1906, p. 111.
172. Gosain Sheo Gulam Puri versus Shyam Lal Bhagat, 27 November 1927, ILRA, 1928, pp. 487-488.
173. Gosain Ramdhan Puri versu Gosain Dalmir Puri, ALJR, 1939, p.153.
174. ALJR, 1939, p.153, Ibid.
175. C. R. Jayakar, quoted in Kartar Singh Bedi versus Dayal Das et al., Privy Council, 15 June 1939, ALJR, 1939, p. 810.
176. Privy Council, ALJR, 1939, p. 810, Ibid.
177. Privy Council, ALJR, 1939, p. 810, Ibid.
178. Madho Das versus Kamla Das, Second Appeal 936/1877, High Court, ILRA, 1876-78, p. 540.
179. Genda Puri versus Chatur Puri, Privy Council, 8, 9 and 25 June 1886, ILRA, 1886, pp. 1-8.
180. Lahar Puri versus Puran Nath, Privy Council, 1915, ILRA, p. 303.
181. ILRA, Ibid., p. 308.
182. Ramya Sreeneevasan has convincingly suggested that the definitions of kinship, the meaning of genealogies and the histories of families cannot be separated from the context of the production of such narratives. R. Sreenevasan, 'Honouring the Family, Narratives and Politics of Kinship in Pre-colonial Rajasthan', in Chatterjee (ed.), Intimate Relations, pp. 46-72.
183. Deposition of Bhairon Lal Jaga (undated), Case 141/1894 in Thakur Isri Prasad Singh versus Mussumut Lalli Jas Kunwar and Thakur Umrao Singh, First Appeal 127/1899, First Appeal Basta/1900, AHCDCCRR.
184. The inadmissible nature of genealogies represented as oral narratives was upheld in the Judgement of Judge of Mirzapur, 12 November 1887, Case 2/1887, in Bhupinder Singh, Raja of Kankit versus Babu Bijai Bahadur Singh, First Appeal, 31/1889. His conclusion was reiterated by the Privy Council Judgement of 30 March 1895,in Bijai Bahadur Singh versus Bhupinder Bahadur Singh, First Appeal, 31/1889. AHCDCCRR.
185. Hargovind Singh versus Collector, Etah, 15 September 1936, ALJR, 1937, pp. 610-627.
186. J. P. Sarvadhikari, The Principles of Hindu Law of Inheritance, 2nd ed. (Madras: Law Book Depot, 1922), pp. 813-814
187. District Officer, Banaras, to Commissioner, Banaras Division, 22 September 1910, in BCR, List 4, File 112, Department 10, Box 40, UPRAB.
188. Petition of Gosain Triguanand Gir to Collector, Banaras, 6 June 1911, in BCR, List 4, File 112, Department 10, Box 40, UPRAB.
189. Ibid.
190. Ibid.
191. District Officer, Banaras, to Commissioner, Banaras Division, 22 September 1910, in BCR, List 4, File 112, Department 10, Box 40, UPRAB.
192. Petition of Manoharlal, Banaras, to Collector, Banaras (undated), in BCR, List 4, File 112, Department 10, Box 40, UPRAB.
193. Petition of Gosain Triguanand Gir to Collector, Banaras, 6 June 1911, in BCR, List 4, File 112, Department 10, Box 40, UPRAB.
194. District Officer, Banaras, to Commissioner, Banaras Division, 22 September 1910, in BCR, List 4, File 112, Department 10, Box 40, UPRAB.
195. Ibid.
196. Report of the Deputy Collector of Banaras, 10 April 1912, in BCR, List 4, File 112, Department 10, Box 40, UPRAB.
197. Ibid.
198. District Officer, Banaras, to Commissioner, Banaras Division, 22 September 1910, in BCR, List 4, File 112, Department 10, Box 40, UPRAB.
199. Mussumat Sitla Gir versusGosain Jagannath Gir, Civil Suit 66/1898,18 January 1899, High Court of Judicature for the NWP, in BCRM, List 2, File 95, Department 10, Box 6, UPRAB.
200. Opinion in the Case of Jagarnnath Gir by the Vakils, High Court, Allahabad, and Government Pleaders, Banaras, to Collector, Banaras, 29 March 1913, Note 260/1913, in BCR, List 4, File 112, Department 10, Box 40, UPRAB.
201. Also see the Petition of Dwarka Prasad, Banaras, to Board of Revenue, Agra and Awadh, 12 May 1911, in BCR, List 4, File 112, Department 10, Box 40, UPRAB.
202. District Officer, Banaras, to Commissioner, Banaras Division, 22 September 1910, in BCR, List 4, File 112, Department 10, Box 40, UPRAB.
203. Government Pleader, Banaras, to Collector, Banaras, 29 March 1913, No. 260/1913, in BCR, List 4, File 112, Department 10, Box 40, UPRAB.
204. Petition of Dwarka Prasad, Banaras, to Board of Revenue, Agra and Awadh, 12 May 1911, in BCR, List 4, File 112, Department 10, Box 40, UPRAB.
205. Petition of Gosain Triguanand Gir, to Collector, Banaras, 6 June 1911, in BCR, List 4, File 112, Department 10, Box 40, UPRAB.
206. Report of Deputy Collector of Banaras, 10 April 1912, in BCR, List 4, File 112, Department 10, Box 40, UPRAB.
207. Commissioner, Banaras Division, to Collector, Banaras, 16 November 1910, in BCR, List 4, File 112, Department 10, Box 40, UPRAB.
208. Also see Report of the Hindu Religious and Charitable Endowments Committee, United Provinces (Allahabad: Government Press, 1931), pp. 58-59
209. Religious Endowments Committee, p. 59.
210. Goswami Deokanandan Acharya, quoted in Mohan Lalji and Another versus Madhusudhan Lala and Others, 28 February 1910, ILRA, 1910, p. 463.
211. Also see Mohan Lalji et al. versus Gordhan Lalji Maharaj, Privy Council, March 1913, ILRA, 1913, pp. 286-290
212. Mohan Lalji and Another versus Madhusudhan Lala and Others, 28 February 1910, ILRA, 1910, p. 462.
213. ILRA, Ibid., p. 467.
214. ILRA, Ibid.
215. ILRA, Ibid., p. 466.
216. ILRA, Ibid., p. 463.
217. ILRA, Ibid., pp. 467-469
218. Mohan Lalji and Another versus Gordhan Lalji Maharaj and Others, Privy Council, March 1913, ILRA, 1913, pp. 283-290
219. Chhajju Gir and Another versus Diwan, High Court, ILRA, 1906, p. 110.
220. ILRA, Ibid.
221. ILRA, Ibid., p. 118.
222. ILRA, Ibid., p. 119.
223. ILRA, Ibid., p. 112.
224. ILRA, Ibid., pp. 120-122
225. Jagarnath Gir versus Sher Bahadur Singh, 26 February 1934, High Court,ALJR, 1935, p. 150.
226. ALJR, Ibid., p. 152.
227. ALJR, 152, Ibid.
228. ALJR, Ibid., p. 153.
229. ALJR, Ibid., pp. 153-154
230. Janki Das, a witness, and self-defined grihastha gosain asserted that '. . .the Mahant who is not married is called a Nihang Mahant, Onkar was married to Murat so I cannot say whether he was grihasth or Nihang', Janki Das quoted in Jagannath Gir versus Sher Bahadur Singh, 26 February 1934, ALJR, 1934, p.154.
231. ALJR, Ibid., p. 154.
232. ALJR, Ibid., pp. 165-167
233. Of the relationship between asceticism, masculinity and nationalism, a substantial number of facets have been researched. Discussing this literature goes beyond the scope of this paper. See, for example, I. Chowdhury, The Frail Hero and Virile History, Gender and the Politics of Culture in Colonial Bengal (New Delhi: Oxford University Press, 2001), pp. 120-141
234. M. Juergensmeyer, Radhasoami Reality, Logic of a Modern Faith (Princeton University Press, 1991), pp. 137-138
235. See the various articles in W. Radice (ed.), Swami Vivekananda and the Modernisation of Hinduism (New Delhi: Oxford University Press, 1998);
236. S. Sarkar, 'Kaliyuga, Chakri and Bhakti', in S. Sarkar, Writing Social History, pp. 257-82;
237. G. Beckerlegge, The Ramakrishna Mission, The Making of a Modern Hindu Movement (New Delhi: Oxford University Press, 2000), pp. 53-112;
238. S. Basu, Religious Revivalism As Nationalist Discourse, Swami Vivekananda and New Hinduism in Nineteenth Century Bengal (New Delhi, Oxford University Press, 2002), pp. 67-93.
239. On the Radhasoamis, see M. Juergensmeyer, Radhasoami Reality, pp. 137-138
240. The literature on the Arya Samaj is vast. For a general history, see K. Jones, Arya Dharm, Hindu Consciousness in 19th Century Punjab (University of California Press, 1976).
241. On the relationship between asceticism, masculinity and the idea of service, see H. Fischer-Tińe, 'The Only Hope for Fallen India, The Gurukul Kangri as an Experiment in National Education (1902-1922)', in H. Kulke, T. Frasch et al. (eds.), Explorations in the History of South Asia (New Delhi: Munshi Manoharlal, 2001), p. 281.
242. Fischer-Tińe shows how the cultivation of will, spiritual culture and masculinity was tied to abstinence, and the observation of brahmacharya, see Explorations in the History of South Asia, ibid., p. 294.
243. For broader discussions of the linkages between service, citizenship and nationalism see C. Watt, Serving the Nation, Cultures of Service, Association and Citizenship in Colonial India (New Delhi: Oxford University Press, 2004).
244. Pinch, Warrior Ascetics, p. 188.
245. A. Shodhan, 'Women in the Maharaj Libel Case, A Re-Examination', Indian Journal of Gender Studies, 4:3, 123-139, 1997;
246. T. Sarkar, 'Talking About Scandals, Religion, Law and Love in Late Nineteenth Century Bengal', in T. Sarkar, Hindu Wife, Hindu Nation, pp. 53-94.
247. See the discussion of the Tarakeshwar Satyagraha in Kasturi, 'All Gifting Is Sacred'.
248. Shyam Krishna Dhar, 'The Life and Times of Swami Dayananda, Hinduism in the First Half of the Nineteenth Century Before Dayananda', Vedic Magazine and the Gurukula Samachar (Saharanpur: Gurukul Kangri), 1:2, 31, Nehru Memorial Museum and Library, New Delhi (hereafter NMML).
249. For eighteenth century critiquesof ascetic sexualities see Pinch, Warrior Ascetics, pp. 211-219
250. Dhar, 'Swami Dayananda', p. 31.
251. Dhar, 'Swami Dayananda', p. 31, Ibid.
252. Jones, Arya Dharm; V. Dalmia, 'The Modernity of Tradition, Harishchandra of Banaras and the Defence of Hindu Dharma', in Radice (ed.), Vivekananda, pp. 77-92.
253. On the Sanatana Dharma, see A. Sen, Hindu Revivalism in Bengal, 1875-1905, Some Essays in Interpretation (New Delhi: Oxford University Press, 1993);
254. V. Dalmia, The Nationalisation of Hindu Tradition, Bharatendu Harischandra and Nineteenth Century Banaras (New Delhi: Oxford University Press, 1997);
255. J. Zavos, The Emergence of Hindu Nationalism in India (New Delhi: Oxford University Press, 2000);
256. T. Sarkar, Hindu Wife, Hindu Nation.
257. S. Banerjee, 'Marginalisation of Women's Culture in Nineteenth Century Bengal', in Sangari and Vaid (eds.), Recasting Women, pp. 127-168
258. On upper caste Hindu engagements with sexuality in early twentieth century northern India, see C. Gupta, Sexuality, Obscenity and Community, Women, Muslims and the Hindu Public in Colonial India (New Delhi: Permanent Black, 2001).
259. See the discussion of the temple of Nageshwar Nathji, Religious Endowments Committee, pp. 545-593
260. Pandit Ramdahin Misra, 'Dhan Ka Sadupyog', Marwari Sudharak, 1921, p. 25, Reel 1701, NMML.
261. Hardaprasad Jalan, 'Bharat Ke Sadhu aur Bhikmange', Marwar Sudharak, April 1921, pp. 71-75, Reel 1701, NMML.
262. Will of Shankaranand Gir of Gaddi, Shankar Ashram, Bhimgoda, 13 March 1924, quoted in Som Gir versus Ram Ratan Giri, High Court, ALJR, 1941, p. 662.
263. Religious Endowments Committee, p. 48.
264. Religious Endowments Committee, Ibid., p. 50.