India Under British Rule from the Foundation of the East India Company

by James Talboys Wheeler

The revenue records of the Moguls had always been singularly complete down to the minutest detail. The holding of every ryot and the area of every zemindary had been measured and remeasured; the average value of the yearly produce of every field had been calculated; and the yearly rents payable by the ryots and the yearly revenue payable by the zemindar had been fixed in each case on the basis of the average harvests. All these details had been entered at length in the Mogul records. But the revenue records which contained all the details respecting the land in the Bengal provinces had mysteriously disappeared when they were most wanted. A Mohammedan contemporary says that they were all destroyed when Mir Kasim fled into Oudh. Possibly they may have been thrown into the Ganges and carried out to sea.

British collectors.

Warren Hastings did perhaps the best he could under the circumstances. By the stroke of a pen he converted the British supervisors into British collectors of revenues; and thus brought the new collectors into direct contact with the zemindars, who collected yearly rents from the ryots or tenant farmers. The next work would have been to re-measure all the lands and to make fresh estimates of the average yearly value of the produce of each field. This work had been carried out within the Company's zemindary at Calcutta, and many frauds and errors had been discovered and corrected. But what was possible in an estate, was impossible in a territory considerably larger than the British isles. Warren Hastings had no means at his disposal for re-measuring the lands and revaluing the yearly produce, and it was utterly impossible to get at the actual facts as regards rents and revenues. Not only were the records lost, but the revenue administration was in utter confusion; the ministers exacted what they could from the zemindars, and the zemindars in their turn oppressed the ryots. Moreover, no reliable information could be obtained from ryots or zemindars, who were alike suspicious of British intentions and mortally terrified by the British invasion. The new British collectors, with the help of native officials, arrived at some approximate estimate of the rents paid by the ryots in each zemindary, and then every zemindar in possession was called upon to pay a certain lump sum as yearly revenue for the whole during a term of five years. If he accepted a lease for the five years, well and good. If he refused, the lease was sold to the highest bidder, with no other reserve than that of requiring him to give the necessary security for the yearly payment to the British collectors.

Disastrous results.

Auction sales of zemindaries.

The experiment proved a failure. The revenue demands had been fixed too high. Such was the passion for local influence, that many zemindars had agreed to pay a larger revenue than could be realised from the rents. Vast amounts were lost as arrears that could not be realised. Many zemindaries were sold by auction, and were bought up by native speculators who were ruined in their turn. When the five years' leases had run out no attempt was made to renew them; but zemindaries were let on yearly leases until some permanent system could be devised, and this arrangement continued in force until the end of Warren Hastings's administration.

Judicial reforms: Mohammedan criminal courts.

§7. The system of judicial administration introduced by Warren Hastings was equally cautious and experimental. Bengal zemindars ceased to act as magistrates or judges. The British collector became magistrate and civil judge.[11] As magistrate he made over all prisoners for trial to a Mohammedan court, which was created in each district, but over which he maintained some degree of control. A cazi sat as judge and tried the prisoners, whilst muftis and mulvis expounded or interpreted Mohammedan law; but the British collector was present to see that trials were properly conducted, and perhaps to intercede when the punishment awarded was barbarous or cruel. This was little more than a reform of the existing system—such a reform as might have been carried out by an Akbar or Aurangzeb. For centuries Mohammedan law had been the common law of Northern India, and Hindu criminal law, with its hideous severities as regards caste, had been ignored by Mogul rulers, although, no doubt, caste laws were often enforced by the Hindus themselves.

Mixed civil courts: collectors, cazis, pundits.

Civil justice was administered more directly by the British collectors. In civil disputes, especially as regards inheritance and marriage, the parties concerned were necessarily guided by their own laws. Accordingly the collector sat as judge, but was assisted by Mohammedan lawyers in deciding cases between Mohammedans, and by learned Brahmans, or pundits, in deciding cases between Hindus. Under most circumstances the cazi or pundit must often have been the real judge, whilst the British collector was only the representative of the supreme authority.