The Rule of Colonial Indifference
Rape on Trial in Early Colonial India, 1805-57
Bibliographic Data
| ID | 3616461 |
|---|---|
| Authors | Elizabeth Kolsky (0000-0002-5867-6068, corresponding author) |
| Year | 2010 |
| Volume | 69 |
| Issue | 4 |
| Pages | 1093-1117 |
| Publication date | 2010-11-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | The Journal of Asian Studies (JOURNAL) |
| Journal identifiers | ISSN: 0021-9118 • E-ISSN: 1752-0401 |
| Publisher | Duke University Press (PUBLISHER • US) |
| DOI | 10.1017/s0021911810002937 |
| OpenAlex | W2110970119 |
| Language | EN |
| Citations received | 14 |
| References cited | 21 |
This article explores the history of intraracial (Indian-on-Indian) rape in early colonial India. Though at times uneven and unpredictable in their rulings, British judges created a set of evidentiary requirements and a body of legal decisions that were as harsh on rape victims as the precolonial Islamic system was presumed to be. Despite the colonial promise of a more modern and humane criminal law, the gradual displacement of Islamic law did little to widen rape victims' path to legal remedy. English common law presumptions about the frequency of false charges and a suspicion of women's claims combined with a colonial insistence on the peculiarity of Indian culture to make it difficult for victims of rape to prevail in court. The colonial legal treatment of the "unsensational" crime of rape was rather unsensational. It largely reflected contemporary trends in England, which raises the important question of what was distinctively colonial about it
Archaeology · Colonial rule · Colonialism · Criminology · Islam · Political science · Sharia · Sociology · American Constitutional Law and Politics · Colonialism, slavery, and trade · Gender, Security, and Conflict · History · Law
Importing Gendered Legal Reasoning from England
Desire to punish
Morphogenetic régulation on the eternal impunity for rape in France
Intimacy, comradeship and everyday police violence
Phulmoni's body
Forensics, body and state power in South Asia
Vernacularizing Justice
Plausible Crime Stories
Colonizing Consent
Sex, sahibs and bodies
Sexual Violence and Its Discontents
The Undisciplined Youth and a Moral Panic in Independent India, Circa 1947-1964
Stolen Skin and Children Thrown
On Feminicide and Empire
Against our will
A despotism of law
Carnal Knowledge and Imperial Power
Sex, Law, and Society in Late Imperial China
Sex and the Family in Colonial India
Tensions of Empire
The Nation and Its Fragments
The Body Evidencing the Crime’
Against Our Will. Men, Women and Rape
Sex, Law, and Society in Late Imperial China
Rape and Sexual Power in Early America
Codification and the Rule of Colonial Difference
Tensions of EmpireColonial Cultures in a Bourgeois World
Making the domestic more domestic
Law, custom, and statutory social reform
An Accusation Easily to be Made? Rape and Malicious Prosecution in Eighteenth-Century England
Black Peril, White Virtue
Ideology and Sexuality
A Prehistory of Rights
| Unique citing works | 14 |
|---|---|
| Citations per year | 1 |
| Citation span | 2012 - 2026 (15) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 12 |