LAW, POWER AND JUSTICE - PROTECTION OF PERSONAL RIGHTS UNDER THE INDIAN PENAL CODE

• NCJ Number: 45984
• Author(s): V DHAGAMWAR
• Date Published: 1974
• Length: 320 pages
• Corporate Author: N M Tripathi Private Limited
• Sale Source: N M Tripathi Private Limited
• Publication Type: Historical Overview
• Language: English
• Country: India

Annotation

THIS BOOK UNDERTAKES THE EXAMINATION OF THE HUMAN RIGHTS ASPECTS OF SELECTED PROVISIONS OF THE INDIAN PENAL CODE.

Abstract

MUCH OF THE BEGINNING OF THIS BOOK IS TAKEN UP WITH AN INDEPTH REVIEW OF COLONIAL INDIA. ASPECTS OF 19TH CENTURY BRITISH AND INDIAN CULTURE ARE CONSIDERED THROUGH REFERENCE TO MAGAZINE ARTICLES OF THE PERIOD, THE REPORT OF A SELECT COMMITTEE ON THE EAST INDIA COMPANY, THE ACTIONS OF THE BRITISH PARLIAMENT, AND SELECTED BRITISH LAWS CONCERNING THE COLONY. THE BRITISH RULERS OF INDIA -- BENTINCK, METCALFE, MACAULAY, THE CIVIL SERVANTS, AND THE DIRECTORS OF THE EAST INDIA COMPANY -- ARE ALSO DISCUSSED IN TERMS OF THEIR IMPACT ON COLONIAL RULE AND LAW. THIS HISTORICAL REVIEW IS PRIMARY TO THE BOOK'S INTENT, WHICH IS THE INVESTIGATION OF THE IMPACT OF POWER GROUPS ON LAW, BOTH WHEN IT IS BEING FRAMED AND WHEN IT IS BEING IMPLEMENTED, AND THE EFFECT OF THIS IMPACT ON SEGMENTS OF INDIAN CULTURE, PARTICULARLY THE LESS AFFLUENT SUBSTRATA OF THE INDIAN CASTE STRUCTURE. THE ENACTMENT OF THE INDIAN PENAL CODE AND PORTIONS OF THE CODE DEALING WITH KIDNAPING, ABDUCTION, RAPE, SLAVERY, AND FORCED LABOR ARE EXAMINED WITH THE INTENT OF ILLUSTRATING THE GAP BETWEEN LAWMAKERS AND THE PEOPLE FOR WHOM THE LAWS ARE MADE AND THE EFFECT OF THIS GAP ON PARTICULAR SEGMENTS OF THE POPULATION. CASE STUDIES OF ADJUDICATION UNDER THE MAHOMMEDAN AND HINDU LAWS THAT PREVAILED PRIOR TO THE ENACTMENT OF THE BRITISH-FORMULATED INDIAN PENAL CODE ARE ALSO INCLUDED. MUCH ATTENTION IS GIVEN TO CASES OF SANCTIONED SLAVERY, PARTICULARLY OF WOMEN, UNDER THE RULE OF THE EAST INDIA COMPANY; CASES OF SLAVERY REPORTED BETWEEN 1871 AND 1918; AND EXAMPLES OF MODERN SLAVERY IN BOMBAY AND GWALIOR. A SPECIAL SECTION ON THE ROBBER BARONS OF THE CHAMBAL VALLEY IS ALSO INCLUDED. FOR CENTURIES THE CHAMBAL VALLEY HAS BEEN NOTORIOUS FOR ITS LAWLESSNESS, AND THE MURDEROUS CONDUCT OF THE BARONS OF THE REGIONS CONTINUED THROUGHOUT THE PERIOD OF BRITISH RULE AND CONTINUES TODAY; THE HISTORY OF PAST AND CONTINUING ATTEMPTS AT CONTROL ARE RECOUNTED. APPENDIXES CONTAINING REPRODUCTIONS OF LEGISLATION AND TRANSLATED GWALIOR DOCUMENTS ARE INCLUDED. TABLES REFERENCING SPECIFIC CASES AND STUDIES ARE PROVIDED, AS ARE A BIBLIOGRAPHY AND INDEX. (KBL)