SLANDERING
THE SACRED
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SLANDERING THE SACRED
Blasphemy Law and Religious Affect in Colonial India
The University of Chicago Press
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DOI: https://doi.org/10.7208/chicago/9780226824895.001.0001
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of Congress Cataloging-in-Publication Data
Names: Scott, J. Barton, author.
Title: Slandering the sacred : blasphemy law and religious affect in colonial
India /
J. Barton Scott.
Other titles: Class 200, new studies in religion.
Description: Chicago : The University of Chicago Press,
2023. | Series:
Class 200: new studies in
religion | Includes bibliographical references and index.
Identifiers: LCCN 2022032907 | ISBN 9780226824888 (cloth) | ISBN 9780226824901
(paperback) | ISBN 9780226824895 (e-book)
Subjects: LCSH: India. Indian Penal Code.
| Blasphemy—Law and legislation— India—History—19th century. | Blasphemy—Law
and legislation—Great Britain—History—19th century. | Libel and
slander—India—Religious aspects—History—19th
century. | Libel and slander—Great Britain—Religious aspects—History—19th
century. | Freedom of expression—India—History— 19th century.
Classification: LCC KNS4172.S36 2023 | DDC 345.54/0288—dc23/eng/20220830 LC
record available at https://lccn.loc.gov/2022032907e
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This paper meets the requirements of
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1 Introduction: Secularizing Blasphemy 1
PART ONE: THE MERRY PROPHET 31
2 A Crisis
of the Public: The Rajpal
Affair and Its Bodies 33
3 Secularism, High and Low: Making the Blasphemy Bill 54
PART TWO : BLASPHEMY’S EMPIRE 77
4 Codifying Blasphemy: “Religious Feelings” between Colony and Metropole 79
5 Macaulay Unmanned,
or, Tom Governs His Feelings 105
6 Libeling Religion:
Secularism and the Intimacy of
Insult 123
PART THREE: POLEMICS AS ETHICS 137
7 Printing Pain, Ruling
Sentiment: A Brief
History of Arya Insult 141
8
The
Arya Penal Code:
Law and the Practice of Documentary Religion 166
9
The
Swami and the Prophet: Slandering Lives, Conducting Character 185
10 Conclusion: A Feeling for “Religion” 216
Acknowledgments
231 Notes 235 Index 287
In twenty-first-century India, “religious sentiments”
are often in the news. Bollywood films are said to wound them. So are tweets,
political car- toons, television advertisements, Netflix shows, stand-up comedy routines,
and scholarly books. In 2014, the pulping of Wendy Doniger’s Hinduism: An Alternative History
even made international headlines. Most of these controversies hinge on the interpretation of a single law: Section 295A of the Indian Penal
Code, concerning insults intended to outrage “religious feelings.” In this
book, I tell the story of how this law came to be, using its unexpected history to anchor a much larger
inquiry into secularism and empire, insult and affect.
Enacted in 1927, after a Hindu group
published a pamphlet mocking the sex life of the Prophet Muhammad, Section 295A
capped a century of efforts to secularize British-imperial blasphemy law. In the century since, it
has dogged books and images
from The Satanic Verses
to The Da Vinci
Code, from the films of Aamir Khan to the paintings
of M. F. Hussain.1 It places a chill on free speech about religion. It extends the power of the state over civil
society. It probably
even exacerbates the culture of religious controversy that it was
designed to fix. Many people, understandably, would like to abolish it. Yet 295A demarcates a set of problems with no easy solution. The legisla- tors who enacted
it foresaw the damage it could do and passed it anyway,
a half-despairing measure to curb injurious speech. Their problems are
still our problems. Trigger warnings, cancel culture, trolling, fake news—the twenty-first century has, if anything,
compounded modernity’s free-speech
headache.
Section 295A opens a useful window onto these problems precisely
because it is a problem too. But what kind of problem? What sort of law is
this? One argument for repealing 295A holds that it is a blasphemy
law and thus impermissible
under postcolonial India’s constitutional secularism.2 That is not quite correct, as this book will show. Section 295A is neither a blasphemy law nor is it antisecular.
Rather, it is precisely a secularization of the British common law of blasphemy. Its story is the story of secular- ism itself, showing how secular law came to govern religion
by managing religious affect.
BLASPHEMY NOW
Etymologically,
blasphemy is euphemism’s cruder cousin, its Greek roots indicating rough speech—insults to the gods. Borrowing a phrase from liter-
ary historian
Joss Marsh, we could define blasphemy as a “word crime” and
thus heuristically distinguish it from heresy (a crime of opinion, which need not
be verbalized), iconoclasm (an image crime), or sacrilege (an object or body crime, like submerging a crucifix in human urine).3 Such distinctions,
alas, collapse in practice. Historically, the word blasphemy has
been used to indicate any and all of the above.
Ever since there have been deities, presumably, humans have been hurl-
ing imprecations at them. In recent years, however,
this venerable practice has commenced a new
chapter. Danish cartoons, Satanic temples, Sweet Jesus Ice Cream—in the twenty-first century,
slanders of the sacred are seemingly
everywhere, with religion sometimes appearing as little more than a membrane for giving and receiving offense.
Why blasphemy? Why now? One factor is clearly the intense intercon- nectedness of our
hypermediated world, wherein a thumb swipe across a smartphone can hurl insult around the globe in an instant.4 Religions are not, as
once alleged, primarily systems of symbols.5 Still, in an era defined by the rapid circulation of signs, symbols
can seem like religion’s most prominent
feature—digitalized, decontextualized, and bound for trouble. By this
account, our wounded present could be said to have begun sometime around the late 1980s, alongside so-called
globalization. To represent
it, we could flank Salman
Rushdie’s Satanic Verses (1988) with
Andres Serrano’s Piss Christ
(1987) and Madonna’s
“Like a Prayer” (1989) to form a sort of blasphemous
triptych, a rent in the fabric of the sacred that tore across the 1990s and into the twenty-first century.
I think our offended present is older than this. To see why, we need to dial
the clock back another half century to the era of high imperialism, globaliza- tion’s oft-disavowed parent.
Rushdie himself, that archangel of blasphemy,
points the way. The trouble with the British, says one of the characters in The Satanic Verses, is that their history happened overseas, so they do not understand it.6 Much the same could be said for modern blasphemy.
Too often, histories of blasphemy limit themselves to the geography of “the West” or, as I prefer, the North Atlantic region.7 In doing so, they get stuck in what I call the Whig-liberal
narrative of blasphemous modernity, reciting a litany of martyrs to freethought who, by dying at the hands of inquisitorial religion, gave birth to our secular age—an enlightened epoch of audacious irreverence and salubrious profanation. This narrative coalesced in the eighteenth and nineteenth
centuries and tended (not coincidentally, in the age of empire) to focus on the
triumphs of white men. Many of this narrative’s heroes (James Nayler, Voltaire)
should indeed be remembered and even celebrated. Still, the performative effect of its amassment of white
male flesh is all too clear. It secures a demographically and geographically
circumscribed account of secular modernity that is as intellectually unsat- isfying as it is politically objectionable.
To narrate the history of the modern West as though that history can be
abstracted from empire is to misrecognize what “the West” was in the first place: a North Atlantic
regional identity of presumptively universal signifi- cance, crafted
from the remains
of Latin Christendom through the medium of empire. Empire is the West’s
ontological prior, the thing through which it came into being. The Whig-liberal
narrative of blasphemous modernity cannot, however, make sense of
secularism’s colonial entanglements because it is itself a product
of these entanglements—a historical artifact that needs
explaining, not an
explanatory apparatus.
To think past the Whig-liberal narrative, then, we also need to think past the entrenched forms of contemporary thought that go by the name secularism, not least the modern concept
that Talal Asad has dubbed
secu- larism’s “Siamese
twin”: religion.8 “The category of religion often works to obfuscate relations of power,” writes
Lucia Hulsether in a succinct distil- lation of recent scholarship.9 That is, the concept of religion that
emerged between the seventeenth and nineteenth centuries as secularism’s enabling condition worked to create the
impression that its referent was a discrete phenomenon, different
in kind from other such phenomena (“politics,” “economics,” etc.)
and thus theoretically capable of being sequestered in a discrete
social sphere. This sequestration seemed possible partly because the religion concept implied that its object was constitutively otherworldly and
therefore
disconnected from temporal power relations. Thus did the term religion come to demarcate a zone of
ongoing political obfuscation—never more so perhaps than in the hands of its
secularist critics, who, in present- ing their
critiques of religion as rooted in transcendent values rather than historically contingent circumstance, often seem
to have absorbed religion’s own depoliticizing logic.
Consider French prime minister Emmanuel Macron’s
2020 public com- ment on the Charlie Hebdo trial. The French, he insisted, have a “freedom to blaspheme” integral to their still more fundamental “freedom
of con- science,” making the satirical newspaper in question justified in lampooning the Prophet Muhammad.10 Speaking in the idiom of transcendent
French- republican values, Macron deflected the political specificities of the contro- versy at hand—the racialization and economic
marginalization of French Muslims, the
unresolved legacies of French colonialism in North Africa—as though questions of “conscience” (i.e., religion) were independent of the political
histories of race and empire.11
Something
similar might be said for another defender
of blasphemy, the poet
T. S. Eliot. In 1933,
Eliot gave a lecture in Virginia where
he suggested that blasphemous
modernity had run out of steam: modern profanations, leached of real belief,
were increasingly empty. In their place, Eliot urged a return to traditionalism, pointing to a contemporary
cohort of white “agrarian” poets from the US South as exemplary.12 What an odd moment in the global culture
wars. A Bostonian cosmopolite who, in 1927, became
a British-imperial citizen was countering the Whig-liberal narrative of blas- phemous modernity by endorsing a settler-colonial agrarian “tradition” that had
emerged as plantation capitalism updated itself into a new racialized regime in the half century after the US Civil War. If modern
blasphemy appeared hollow to Eliot, this was because
he refused to see it in full. Its
history had happened partly overseas, circulating on the crosscurrents of
empire. The very year Eliot
became a British-imperial subject, after all, Brit-
ish India was having its own blasphemy crisis—culminating in Section 295A. As Rajeev Bhargava has suggested, scholars
of North Atlantic
secular- isms “may need to look sideways” toward India to
discover “not only a com- pressed version of their own history but also a vision of its future.”13 To look sideways is to trace the horizontal latticework of empire and the entangled
histories that unfold within it. It is both to connect and to provincialize. French
republicanism is not the same as anglophone Whig liberalism, and to pry them apart is to see “the West” dissolving into a richly variegated transcolonial landscape that runs from settler-colonial Virginia to metro-
politan Paris to postcolonial Delhi and Bombay.
There too, the Whig-liberal
narrative of blasphemous modernity has been remarkably tenacious— shaping, among
other things, how the Indian
left frames its critiques of Hindu nationalism.14 To think past it, we might begin by reconsidering the problem of how to “secularize” blasphemy.
SECULARIZING BLASPHEMY
It might seem
perverse to study blasphemy via what amounts to an absence— Section 295A, which
is precisely not a blasphemy law. But, as I hope to show, the conceptually unstable text of 295A can help bring
the history of this
common-law offense into clearer view.
During the 1927 Legislative Assembly debates over the new 295A, as- sembly member M. R.
Jayakar offered an especially succinct definition of blasphemy. Troubled that his colleagues kept referring to the “Religious Insults Bill” by its popular
moniker, the “Blasphemy Bill,” Jayakar took the
floor to explain why this was a serious mistake. Blasphemy, he said, is an
“entirely different offence” from the one proposed: it is an “offense per se against religion.” Although a crime
in England, where
the state was the
“upholder of the Church,” blasphemy could not be criminalized in India.
Central Provinces representative and prominent legal scholar Hari Singh Gour concurred. Where
the English
monarch was the “defender of
the faith,”
the Government of India was merely the “defender of the peace.”
Any laws restricting the criticism of religion must be
limited to the basis of preventing potential violence.15
Section 295A keeps to these limits.
It criminalizes “acts intended to out-
rage the religious feelings of any class, by insulting its religion or
religious beliefs.” Relegating the noun religion
to a subordinate clause, it grants reli- gion per se only indirect protection, reserving direct protection to some-
thing else—“religious feelings” (of which more anon).
Defining blasphemy as an offense against religion per se might seem intu- itive; Jayakar’s definition is not wrong. It is, however, misleading—effecting a kind
of conceptual sleight of hand. Throughout the nineteenth and early twentieth
centuries, British reformers had been trying to secularize blas-
phemy law. That is, they participated in
a cultural logic of secularization that emplotted its actors within we might now call a subtraction story, a drama wherein “religion” would be removed from “law” to purify both.16 Blas-
phemy’s would-be reformers sought to eliminate what had come to appear as a Christian-theological crime
and possibly replace it with some kind of secular equivalent;
Jayakar and Gour were heir to this ongoing history when they insisted that the
new 295A could not concern itself with offenses against religion per se. They were, in a historically specific
sense, secularizers. They were also, however, reterritorializing this secularizing impulse with a subtle
semantic shift. The English common law of blasphemy did not protect “reli- gion.” It protected Christianity (when the term religion
was used, it was typi- cally as a functional synonym for
Christianity). By trading terms, Jayakar was
engaging in an act of secular translation, reinterpreting common law’s pasts via his late colonial present
in a productive anachronism.17
To study the history of English blasphemy law is to discover not a con- tinuous process of secularization, but rather a sequence of
historically dis- tinct formations of both the secular (a cultural or epistemic
category) and secularism (a political
doctrine).18 The illusion of continuity was created
by anachronistically rereading the past in presentist terms, as Jayakar
did. The shift from one formation to the next was partly
driven by secularism’s own questioning power, its impulse to query the line around the
religious.19 Even the most ardently separationist of
secular states cannot fully disen- tangle itself from religion, because to grant freedom to
something called “religion” the state first has to demarcate that
concept’s boundaries, officially recognizing certain practices as religious
while withholding recognition from others.20 The resulting paradox—to disestablish
religion, a state first has to establish
it—means that the line separating religion from politics
will constantly be transgressed, such that the secular state continually
needs to police it. This ongoing boundary-work thus serves a productive function
in that it tends to extend the state’s
authority over increasingly minute aspects of
social life—an essential but underrecognized side effect of secularism’s constitutive language
game.
The British knew how to use this game to their advantage: it helped jus- tify colonial rule. As Henry Maine argued in 1861, India was stuck in a stage of
social evolution where “a rule of law is not yet discriminated from a rule of
religion.”21 It thus needed Britain to educate it,
civilizing by secularizing. If we understand colonial secularism as itself
constitutively unable to discriminate neatly between “law” and “religion,” then
its real function would seem to be training the colonized to inhabit its questioning power, learning to query the boundaries of religion to various political ends. This querying
happened in multiple languages, with the vernacular press using translation to negotiate
the hegemony of the
colonial state by exploiting non-equivalence between religion
and words like din and dharma.22 It also happened
in English, in official spaces like the Legislative Assembly. As Burmese representative
Hla Tun Pru laconically observed in 1927, there
remained “certain difficulties with regard to what a religion is.”23 Would the proposed 295A protect atheist or
rationalist beliefs? In light of these problems, he asked that the new law not apply to his homeland. (His request was ignored.)
Jayakar too was playing this secularist language game and, in the process,
reinterpreting the legal past. For an early modern authority like William Blackstone, blasphemy indicated “contumelious reproaches,” “profane scoff- ing,” or “contempt and ridicule”
directed at God, Jesus, or the Bible.24 Black- stone
did not mention “religion,” the general category—not yet as widely available in 1769 as it would become over the next century or so, as, starting
around 1880, talk of “world
religions” erupted into self-evident ubiquity.25 In 1927, then, Jayakar could do things with “religion” that Blackstone could not. He used the concept to rework
blasphemy so it could denote insult to any world
religion, thus making this legal concept serviceable in religiously plural
India (he was not, as we shall see, the first to do so). Conceptual insta- bility was perhaps
inevitable. Even a not-blasphemy law like 295A remains
in an important sense, blasphemy-adjacent. It circulates in a cultural field where the concept of blasphemy is still alive and well, overdetermining
295A’s possible meanings—as Jayakar saw, to his frustration, prompting him
to engage in more conceptual boundary-work.
As an aside, it bears noting that when scholars
consider how best to
translate blasphemy out of Christianized English, they are engaged in the same historical processes as Jayakar. What does blasphemy look like in Bud- dhism? Hinduism?
Islam? Those questions
are ultimately beyond
the scope of this book. I
would simply caution anyone approaching them to exercise hermeneutic care.
Although Islamic legal traditions do detail crimes that overlap
with blasphemy, for instance, their typologies of offense—organized around such concepts as takdhib, or willful rejection
of religious truths,
and sabb al-rasul, vilification of the Prophet—are not identical to Christianity’s.26 Hinduism
offers an even more complicated case. Would one translate blas- phemy as nindastuti, praising the divine by intimately berating it?27 Or would one study satire, heterodoxy, and polemic?28 What about word crimes like a brahman
mispronouncing a syllable
while reciting the Vedas? Or a woman or
subordinated-caste person uttering
Vedic words? Such word crimes
are also body crimes,
of course, linked
to the ritual politics of caste and gender.
FORMATIONS OF THE SECULAR:
BLASPHEMY AS COMMON LAW OFFENSE
Jayakar’s
definition of blasphemy would seem to beg a fundamental concep-
tual question. What is it for religion
to suffer offense? To begin exploring this question, one might construct a (surely incomplete) list of the vari- ous harms
that have been attributed to blasphemous speech over the cen-
turies:29
1. Metaphysical harm, as to God or the cosmos.
2. Political harm,
as to the state.
3. Harm to the public
peace.
4. Spiritual harm to the population, as by corrupting Christian souls.
5. Ethical harm to the population, as by corrupting morals.
6. Harm to the feelings
of individuals.
7. Harm to group feelings.
8. Harm to human dignity.
Which of the above counts as harm to religion, per se? Any of them? This question, I think, needs to be answered historically.
Thinking from the above list, a commonsense account of the history of
blasphemy law might run as follows: between
the seventeenth and twenty-
first centuries, an ecclesiastical crime became a political crime, which was then tempered by Victorian reformers before
finally—and belatedly—being abolished
in 2008 and replaced by a new “racial and religious hatred”
law. This is a classic subtraction story of secularization, set in
“Little England,” that self-contained isle.
Further study reveals a more complex tale. The colonies play a promi- nent role in articulating Britain’s understanding of itself as a secular
nation; British secularism was arguably invented in the colonies,
especially India. Even the narrowly English
story is marked by substantial discontinuity. It is a history
of sequential formations of the secular,
wherein the very notion of the
secular shifts along
the way. Case in point:
the English word secularism is a product of this history. It was coined in 1851 by George Jacob
Holyoake, who had been prosecuted for blasphemy a decade earlier.30 For Holyoake, secularism indicated an ethics of being-in-the-world, continuous
with the freethinking milieu that drove Victorian
blasphemy trials.31 It was not until
later that secularism came
to denote a political doctrine.
I adumbrate this history here, in schematic form, with particular atten- tion to the nineteenth century.
Formation 1: The Crown’s
Christianity. In late medieval England,
blas- phemy was an ecclesiastical crime. It harmed
the soul of the speaker.
It also potentially caused metaphysical harm. A village
church mural from around 1400 depicts a pietà surrounded by men cursing, swearing, and otherwise taking the
Lord’s name in vain. Their injurious words literally dismember the body of Christ
in heaven. One swearer holds Jesus’s heart,
another a chunk of
bone, a third his severed foot—freshly yanked from a gorily ren- dered leg that protrudes from the Virgin’s lap.32
A new dispensation coalesced in 1676 after a poor farmer named John Taylor exclaimed, repeatedly, that “Christ is a
whore-master, and religion is a cheat.” Taylor (a member of an antinomian
prophetic movement called the Sweet
Singers of Israel) was first sent to the madhouse at Bedlam for “bodily correction.”33 Found sane, he was then sent to court, where Justice Matthew Hale, who in the 1660s had
presided over witch trials, found him guilty of blasphemy. Hale’s
decisive words in Rex v. Taylor resounded
for the next two hundred years: “Christianity is parcel of the laws of England;
and therefore to reproach the Christian religion is to speak in subversion of the law.”34
It is easy to see why Enlightenment thinkers like Thomas Jefferson derided Hale as a theocratic Puritan,
invoking a version
of the Whig-liberal narrative. We
should not, however, follow Jefferson’s lead. Hale was a secu-
larizer. In saying that
Christianity was “parcel” of English law, he was claim- ing that parcel for the king—insisting that
Crown courts could try a crime previously belonging to ecclesiastical courts.35 This is secularization in the most literal
sense. The verb secularize was first
used in English to describe Henry VIII’s seizure of monasteries and
other church property for the Crown, converting these sacred or eternal
things into worldly or temporal ones. In this early modern formation of the
secular, then, Christianity was being
appropriated as a political symbol open to worldly administration—a move
with precedent in the late medieval period now harnessed to the needs of the early modern state.36
Formation 2: Victorian Decency.
English and (after the 1707 Act of Union with
Scotland) British blasphemers went quiet for most of a century
before piping up again
in the 1790s to distribute cheap reprints of Thomas Paine’s Age of Reason (1794) and other Enlightenment tracts. Decades of
trials fol- lowed, sweeping up alleged blasphemers
both famous and obscure before culminating in the case that decisively revised the common law of blas- phemy.
In Regina v. Ramsay and Foote (1883),
Lord Chief Justice John Coleridge (a relative of the poet) held that in an age
when Jews, Catholics, and Non- conforming Protestants had been granted civil
rights, Christianity was no longer part of the law in any simple way. He thus
redefined blasphemy as a stylistic offense, a crime of manner not matter.37 “If the decencies of con- troversy are observed,” he wrote, “even the fundamentals of religion may be
attacked without
the writer being guilty of blasphemous libel.”38 Doubt God all you like, that is, but do not (like the accused publishers of the Freethinker,
George Foote and William Ramsay)
print a picture
of him showing his but- tocks to Moses on Mt. Sinai (a riff on Exodus 33:23: “Thou shalt see my back parts: but my face shall not be
seen”) (see figure 1). One might be inclined to view Coleridge as a
secularizer, muting Hale’s theocratic impulse. This reading, however, simply
reinscribes the nineteenth century’s own Whig- liberal paradigm. It is more
productive to take Coleridge as articulating a specifically Victorian formation
of secularism as biopolitical project—one that
shifted the paradigmatic locus of the theologico-political from the sov- ereign to the social body as a site for the regulation of manners, morals,
and public decency.
“Decency,” that most primly Victorian of terms, implied
a constella-
tion of raced,
classed, and gendered
values. Its class
valence was especially glaring. The nineteenth century’s most heavily prosecuted rationalist tracts were addressed to working-class readers
and often linked
to radical po- litical movements.
Upmarket “literary” texts
(with the adjective conferring cultural status) were prosecuted less frequently
because they seemed less threatening to class hierarchies.39 As Freethinker
editor George Foote noted,
his journal was on trial not just for its “coarse” language
(to use Coleridge’s classed adjective), but also because it was cheap.
Notably, it featured pic- tures, that
most demotic of media.
Empire and its racialized tropes were never far away. Foote called the
Bible a Victorian “fetish,” invoking the ethnological term associated with
“primitive” religions.40 Another Victorian blasphemer said the Bible was so barbaric as to constitute a “disgrace to orang-outangs, much less to men.”41 Yet another described the biblical God as
vicious, like a “painted savage,” and “more bloodthirsty than a Bengal
tiger.”42 When blasphemers accused Christianity of savagery, law accused them of a parallel incivility. Everyone seemed to agree
on the value accorded “civilization” itself, that racializing, imperial term.43 Victorian debates about blasphemy, one
might say, were debates about how best to produce a certain kind of religio-racial subject, trained in proper decorum
by both law and social
mores.44
figure 1. “Moses Getting a Back View.” Freethinker. Christmas 1882. Courtesy of Thomas Fisher Rare Book Library, University of Toronto.
Perhaps the decisive
move of Enlightenment blasphemers had been to reimagine
blasphemy as a tool for social reform, a means of advancing the cause
of civilization. Where
once blasphemy had been a discrete act (whether sin or recreation), now it would
be both an identity and a mis- sion.45 Blasphemy was a moral
act, with the blasphemer dedicated in service to reason—an
inversion or antithesis of Christian missionaries. These duel- ing missions then smashed together in a religio-racial
civilizational assem- blage that sprawled out onto the world stage.
This assemblage’s religio-racial subjects were
also gendered subjects. Regina v. Ramsay and Foote belonged to a cluster of intertwined trials that included
the 1877 prosecution of Annie Besant and Charles Bradlaugh for obscenity after
they distributed copies of a banned birth control tract, The Fruits of Philosophy (1832).46 If Besant, Foote,
and company saw freethought
and birth control as conjoined causes, their opponents (organizations such as
the Society for the Prevention of Vice) saw them as conjoined problems. An image,
such as the Freethinker’s divine bottom, could
then scandalously concretize this struggle over Victorian bodies.
For Coleridge, it was these bodies’ emotional capacities that mattered most. By redefining blasphemy as a stylistic
crime, he also redefined it as an affective crime.
Only “indecent and offensive attacks” on religion “calculated to outrage the feelings of the general body of the community” would, by his
standard,
be punished.47 (That verb, outrage, would also appear in 295A.) Decent criticisms
too were defined by their affect, but Coleridge struggled to find the words to describe it. Legally permissible
criticism of religion would need to have “a grave,
an earnest, a reverent, I am almost
tempted to say a
religious tone.” Coleridge proposed John Stuart Mill, the noted agnostic, as a paradigm for his reverent
critic—underscoring the irony
of describing good criticism as quasi-religious criticism. In Coleridge’s hands,
“religion” metamorphosed from message
to medium. It became a tone or style, mani- fested in
a decorum or habitus that even an agnostic could achieve. Thus transformed, the religious became the precondition of shared civic life.
Formation 3: Racial and Religious Hatred. In 1921, John Gott became the last man in Britain jailed for blasphemy
(or, precisely, for outraging “reli- gious feelings”) after comparing Jesus to a
circus clown and distributing birth control tracts in East London.48 In 1977, Denis Lemon became the last man in
Britain convicted and fined for blasphemy for publishing a homoerotic poem about
the crucifixion in his small-circulation paper, the Gay News (judge and jury
agreed that saying, of Jesus, that “the shaft still throbbed, anointed with death’s final ejaculation” was in breach of good taste).49 By this time, however, the Victorian formation of the secular was in the pro- cess of collapsing, a vestige of an earlier
era. After Ramsay, legal reformers complained
that courts should have abolished, not updated, blasphemy law. After Lemon, this
complaint grew louder. In 1981, a commission was created to
assess whether blasphemy law should be reformed or abolished; it recom- mended outright abolition.50 In 1990, during the Rushdie debacle, the UK
Action Committee on Islamic Affairs
joined with the Archbishop of Canter-
bury and Chief Rabbi to ask that blasphemy law be broadened
to protect all religions, with the Church
of England serving
as a sort of interfaith anchor, primer inter pares much like England herself in the Commonwealth.51 The Law Lords
rejected the proposal.
A solution to the problem
of blasphemy did not emerge for another fifteen years. In
2006, Parliament passed the Racial and Religious Hatred Act, which outlawed
religious hate speech. Incitement of “racial hatred” had been legally
prohibited since the 1960s, and there had been occasional proposals to broaden these
laws to include
religion. The impetus
for finally doing so came from the post-9/11 moment, with its alarming increase
in anti-Muslim hate crimes and attendant racialization of
Muslimness. The concept of “hate speech,” dating to the 1980s, offered
a new basis for restrict- ing religious insult (a development
I consider
further in chapter 10). With
the new law in
place, Parliament was finally, in 2008, able to abolish blas-
phemy as common-law offense.52 Hate speech made blasphemy redundant.
SECULARISM IN THE COLONIES
The Indian lawmakers who enacted Section 295A were thinking via this En- glish legal history.
They referenced blasphemy
cases from the previous half century, wondered whether English law applied in the colony, and rattled
off names of British skeptics
who had kept their comments
within the bounds of decency.53 Jayakar, a trained lawyer, would certainly have known this material. When he defined
blasphemy as an offense per se against
religion, perhaps he was thinking of Justice Hale’s ruling in Rex v. Taylor.
Section 295A, however,
pointed to a notably different
set of harms—and a substantially confused one at that. This confusion
grew out of the court case that prompted the colonial government to add a new religion section to the Indian Penal Code: Rajpal v. Emperor.54 The trial concerned an anony- mously
authored tract, the Rangila Rasul (The merry Prophet), published by a man named Mahashe Rajpal. Charged
under Section 153A of the Code
with having created “enmity or hatred” between religious classes, Rajpal was taken to court for what proved a prolonged (nearly three-year) trial. In May 1927, the Lahore High Court finally
acquitted Rajpal on appeal. Its decision, written by Justice Kanwar Dalip Singh, conceded that the Rangila Rasul was indeed a “scurrilous satire on the founder of the Muslim religion,”
but insisted that it was not therefore also a slander on “the Muhammadan
religion as such,” nor did it necessarily render Muslims “objects
worthy of enmity or hatred.”
Singh thus demarcated three distinct offenses: libel of the dead,
defamation of religion (i.e., blasphemy), and group defamation. The court could not, Singh argued, consider
the empirical “reaction
of a par- ticular class” in assessing
whether a given text was offensive, but must base its rulings on textual evidence
alone. By this standard, the Rangila Rasul is slippery:
the text clearly states that its criticisms of Muhammad do not imply a
criticism of Islam. Thus, although “decent persons of whatever commu- nity” should
feel “contempt” for the tract,
it could not be proscribed under 153A. Singh closed his judgment by
suggesting that government create a new section that would directly
prohibit insults to religion without
making that offense dependent on the production of class enmity.
Singh’s decision seemed downright bizarre to many of his contempo- raries. One bureaucrat
scrawled a handwritten note on the official govern- ment file describing the decision as “rather metaphysical”—so convoluted, that is, as to be worthy of a philosopher.55 Perhaps this is why, when gov- ernment bureaucrats proposed a new law two months later,
they did the precise thing Singh’s
decision would seem to disallow: they made insult
to religion criminal only insofar as it produces “outrage” in religious “classes,”
thus framing an offense substantially redundant with Section
153A and its class “enmity.” Sensing this redundancy, Hari
Singh Gour (the legal scholar and Legislative Assembly member) proposed that
the Assembly scrap 295A entirely and instead add a new religion-specific
section alongside 153A in the Code’s chapter on “offenses against
the public tranquility” (where, in 1898, 153A had been appended to a section about riots).56
To see why colonial bureaucrats were unable to disentangle religious insult (and thus blasphemy) from religious classes or populations, let us visit the history of English blasphemy
law once again, resituating it within
a transcolonial framework. By the time that John Taylor was dragged to court in 1676,
England was already an empire. The British secularism that emerged thereafter
emerged contrapuntally, through the interplay of colony
and metropole.57 India sounded an especially clear note in this counterpoint, because
of both its political and economic importance and its religious diversity.58 It was, and remains, a major laboratory of
secular modernity.
For heuristic purposes, one might divide the history of Indian secular- ism into three principal
periods: Company secularism (1600–1858), late colonial
secularism (1858–1947), and postcolonial secularism (1947–). This schema
is potentially useful for seeing how postcolonial secularism emerged from the secularisms that preceded it.
Postcolonial Indian secularism is often celebrated as nationally distinc- tive because it is
defined around ideals of religious neutrality (dharma nir- pekshata) and respect
for all religions (sarva dharma samabhava) rather than the punctilious church-state separation that animates, in different ways, French and US secularisms.59 Simultaneously a political ideal and a cultural imaginary, Indian secularism’s ethos of
pluralist inclusion assumed iconic form on postcolonial cinema
screens with their melodramas of Mother India receiving blood transfusions
from her Hindu, Muslim, and Christian sons.60
Without denying
Indian secularism’s distinctive emphasis, it bears stress- ing that, just as British secularism cannot be
extricated from India, Indian secularism cannot be extricated from Britain. Each, as Gauri Viswanathan
notes, is at once “the condition
and the effect of the other.”61 Or, put slightly differently, empire is the
ontological prior of both. In other words, as Saba Mahmood has argued, the
“national-political structuration” of secularism happens from within secularism
as global political project, one predicated on
transnational institutions and their universalizing impulses.62 By putting India back into this transcolonial framework, we can better see the South Asian circulation of multiple varietals of secularism—not just the 1920s
tol- erance
secularism that would later be enshrined as postcolonial ideal (see chapter 3)
but also the separation secularism that underlaid Jayakar’s and Gour’s
insistence on the impossibility of a secular blasphemy law.
This transcolonial history could be said to have
begun in 1600 with the creation of the East
India Company. The Company subsequently developed alongside political modernity, experimenting with religious “toleration” at the same moment that John Locke was writing on that theme,
and talking about religious “free exercise” in 1776, during the moment of the
Atlantic- world revolutions.63 Especially from the late eighteenth century
forward, Company secularism did not stipulate
separation between religion
and state. Instead, the Company set out to rule its Hindu and
Muslim subjects according to their own laws and customs,
thus incorporating religious
law (or a version
of it) into the secular-state apparatus.
This basic orientation continued when Queen Victoria assumed direct rule of her colony in 1858 through a proclamation that affirmed her own Christian “convictions” while renouncing
the “right” to impose those con- victions on her Indian
subjects. Her government, she promised, would “abstain from all
interference” in “religious belief or worship.”64 Victoria’s very title was shaped by secularist imperatives. When, in 1877, she was
pro- claimed “Empress of India,” her advisers translated this phrase
into Hin- dustani, slightly awkwardly, as Kaisar-i-Hind,
thus avoiding the potential religious association of words like chakravartin or shahanshah.65 She would be a latter-day “Caesar,” the culmination of a grand—and grandly secular—
imperial lineage. As Viceroy Robert Bulwer-Lytton opined at an official
Delhi dinner celebrating the new empress, India’s diversity of “race” and
“creed” posed “administrative problems unsolved
by Caesar, unsolved
by Charlemagne, unsolved by Akbar.”66 He thus put Britain at the technical-
administrative frontier of secular empire as political form, defined by the twinned management of race and religion.
In the late nineteenth century, the colonial state increasingly turned to
the new academic discipline of anthropology for authoritative knowledge about South Asian races, castes, and creeds. The result was what has been
called the ethnographic state, a political formation that saw religion primar- ily as an object of empirical
study.67 Religion also cued a security question,
a problem of endemic
populational violence requiring skilled technical man- agement. Bureaucrats were especially concerned
about preventing a recur-
rence of the 1857 uprisings (a.k.a. the
“Sepoy Mutiny”), allegedly sparked by wounded religious sentiments.
It is no mistake that Indian secularism emerged first as a managerial question and only later as a question of rights. As Partha Chatterjee has argued, the liberal-constitutional state came late to colonies like India, where other
political rationalities—especially governmentality—predominated throughout the nineteenth and early twentieth
centuries. The North Atlan-
tic world had citizens; the colonies had subjects. Indeed,
according to Chat- terjee, even the postcolonial Indian state more often operates
within a logic of governmentality
than of rights, giving rise to the distinctive form of counter-politics that Chatterjee calls the politics of the governed.68
When we talk about secularism, we typically think via the citizen (as by
discussing Article 25 of the postcolonial Indian
constitution, with its guarantee of freedoms of religion and conscience). It is consistently harder to imagine secularism from within the terms of
governmentality, which is why both popular
and legal discourse have remained consistently unable to see secularism
clearly. Secularism has a “dual character,” as Mahmood sug-
gests; it is split between a “promise of freedom” and a
“regulatory impulse.”69 Refracting
Mahmood through Chatterjee’s account of the differential emer- gence of the modern state
form in colony
and metropole, I argue that colo- nial secularism operated
via two distinct political rationalities or logics: a liberal-constitutional secularism, addressed to the rights of the citizen,
and a governmental secularism, addressed to the administrative
management of empirical populations. The former promised freedom; the
latter delivered regulation. In colonial India, the contradiction between these
two political rationalities was often
resolved through a pedagogic narrative, rendering a
conceptual hiatus as a temporal hiatus. One day, religiously excitable sub-
jects would mature into citizens. Until then, they required the paternalism of colonial
law, a tool for educating subjects toward a perpetually deferred future freedom.
If the structural tension between
juridico-legal and governmental ratio- nalities is intrinsic to the modern state form, it is nonetheless articulated in historically specific
ways. Here, I give this tension a period-specific gloss by talking about
the liberal-constitutional and ethnographic (i.e., governmen-
tal) states.
I further suggest that, in late colonial India, one important modal-
ity of governmental secularism was penal secularism—that is, a secularism that takes religion as a potentially violent criminal object in need of reform or reeducation.
VIOLENCE AND THE EDUCATION OF RELIGIOUS SENTIMENT
The Indian Penal
Code was originally written by Thomas Babington Macau- lay, the colonial
ideologue now better known for his 1835 “Minute on Educa- tion,” which proposed teaching Shakespeare and
Milton in India to create a class of ersatz Englishman—a charter text for colonial mimicry.70 Written immediately after the “Minute,” the
Code expressed a parallel pedagogic project. It would turn Indians into “manly” British
subjects (Macaulay’s adjective), including
by training them to moderate
their excitable feelings.71 Here, law serves more than a strictly juridico-legal function. It does peda-
gogic work, becoming
part of the apparatus of colonial governmentality. It operates via the education of affect.
Macaulay’s 1837 draft
Code responded directly
to early nineteenth- century British
blasphemy trials. In 1833, Macaulay
proposed to Parliament a means of reconceptualizing
blasphemy as an affective crime. In India, he implemented that proposal. His Code did not include
a blasphemy law. Instead, it
criminalized “wounding the religious feelings of any person.”72 That language became
law in 1860 as Section
298. In 1927, it was supple-
mented by 295A. These colonial statutes
were part of the same entangled history as the 1883 Ramsay ruling, which
similarly redefined blasphemy as an affective crime.
In both Britain and India,
“religious feelings” were a proxy
for violence. “Blasphemy,” as a Victorian guide to libel law put it, is “an outrage on men’s
religious feelings, tending to a breach of the peace.”73 Forty years later,
295A would use nearly identical language. In this phraseology,
the meaning of “religious feelings” is
overdetermined. To speak of “outraging religious feelings” is to
indicate one feeling in particular: outrage. In the lead-up to the passage of
295A, a colonial bureaucrat offhandedly remarked that the “unfortunate state of feeling” between Hindus and Muslim regularly results
in “deplorable outbreaks
of passion.”74 This was not just euphemism. It was
catachrestic displacement. When it came to
religion, passion meant violence and violence, passion.
Laws like 295A were designed to prevent
such passions from form-
ing. The dark irony is that they
probably just intensified them, with law’s repressive or censorial function
perversely inciting a profusion of forbid- den speech.75 Polemicists learned to speak law’s language, alleging that their “religious
feelings” had been outraged, and thus performatively constituting those feelings
in the very act of transmitting them to others.
“Religious feel- ings,” then, were not something
external to law that the colonial state could
step in to manage. They grew along the trellis of law, taking shape around the bureaucratic state apparatus. This was education
of a kind—just not the kind
lawmakers said they intended. Law contained the script for communal violence. It educated its subjects in outrage.
If such dynamics are hard to see, it is perhaps because liberalism—as a
theory of speech acts, not just a political theory—has a hard time account- ing for the force of political speech. As eminent Victorian
Walter Bagehot succinctly glossed the matter in 1867, liberalism indicates
“government by discussion.”76 It places ultimate
authority in the deliberations of parliamen- tary bodies and thus,
by extension, in the critical deliberations of the civic public.
Liberalism’s ideal of deliberative reason, as is now well-known, works to occlude
the body and its affects
as political sites.
It has thus also, histori- cally, worked to exclude categories of person understood via the body (i.e.,
women and racialized people), whether by insisting that their bodies are too particular (thus having insufficient vantage on the general good)
or too emotional (and thus insufficiently rational-deliberative).
Victorian liberals, meanwhile, also did a spectacularly bad job of
account- ing for the performative conditions of their
own speech. All law carries
the implicit threat of physical violence, it being the modern state’s
monopoly on legitimate violence—its ability to arrest,
imprison, or kill—that
lends its words the “force of law.” In colonial situations, law’s implicit force tends to be strongly racialized. In British India, for instance,
the force of law under- girded the mundane
acts of white violence that were a commonplace feature of
social life. “Disorderly” whites, in their very bodies, quoted the racial- ized state, thus arrogating its implicit
power—and undermining its ability to symbolize the rule of law.77 Colonial officials found various ways to
disavow such violence. One important tactic was displacing “state”
violence onto Indian “society” as religious conflict, thus refusing to see the state’s role in
constituting Hindu-Muslim communalism (a disavowal enabled by the very distinction
between “state” and “society,” those grand abstractions)
Metropolitan writers like Bagehot (who inherited his position as edi- tor of The Economist from his father-in-law, who died in India) engaged in
similar acts of
disavowal. When Bagehot turned discussion into a political symbol, he invested
it with a perlocutionary force that extended beyond Parliament, that temple of deliberation, to facilitate imperial
rule. It was discussion, he argued, that had catapulted Britain to the forefront of world
civilizations and allowed
it to colonize places like India—unskilled at criti- cal chatter, and thus stuck in an arrested state of
civilizational development. This racist cant imbues Bagehot’s
“government by discussion” with a second- ary sense. If discussion is what justified
the British government in India, then discussion became a byword
for empire, an ideological cultural
norm around which Britain constructed a narrative of global hegemony.
Discus- sion exerted force to order colonized
bodies.
Nor was Bagehot alone in treating discussion in this way. James Fitzjames Stephen—the writer, judge, and former
Indian colonial official (and, later, uncle
to novelist Virginia Woolf)—thought extensively about the distinction between force and persuasion in his 1873 response to John Stuart Mill’s On
Liberty. Where Mill had suggested that despotic force was appropriate for “children”
and “barbarians” (i.e., India), reserving “liberty” and “free discus- sion” for mature nations (like Britain),
Stephen insisted that the difference between
a “rough and a civilized society” is not that the former uses “force” where the latter uses “persuasion,” but that the latter uses force with more
care.78 He then set about undermining the distinction between the two.
This distinction had a venerable
lineage. In his Letter Concerning Tol- eration (1689),
for instance, John Locke also differentiated between the “outward force” of the magistrate and the “inward persuasion of the mind.” Because outward force cannot change inward
belief, he argued, the state must tolerate
religious difference. This argument seems to construe religion as a purely mental affair, disjoined
from the body. And yet Locke knew (or
at least elsewhere seemed worried that) religion refuses such distinctions. It
is a habitus that burrows deep into bodies before those bodies have full access
to language and thus to deliberative persuasion.79
For Stephen too, religion seemed a site where force and persuasion verge together. (Like Macaulay, he sprang from
the clans of Clapham Common, that Anglican-evangelical stronghold, with a certain
kind of religious disci- pline written
into his family being.) “Religion
and morality are and always must be essentially coercive
systems,” he fumed. Though they might start with the “persuasion” of a small
group, they inevitably culminate in “com- mand,”
the forceful conversion of many.80 Indeed, he explained, although the relation
between “force” and “persuasion” is sometimes conflated
with the relation between “temporal” and “spiritual” power (i.e., politics and
religion),
religion’s force is quasi-physical. Religion thus helps show how persuasion and
force “are neither opposed to nor really altogether distinct from each other. They are alternative means of influencing mankind. . . .
Persuasion, indeed, is a kind of force applied through the mind,” just
as force, in turn, is “a kind of persuasion.”81 The secular-liberal Mill is thus more akin to a religious figure like John Calvin than he might care to admit:
both men apply force to reform society.82 They install—to use one of Ste- phen’s recurrent metaphors—canals, grooves, and other waterworks to get
stagnant ponds moving, creating systems that direct behavior by harnessing
external forces (friction, gravity, etc.).83 Liberty, refracted through a theori- zation of religion,
dissipates into a structure of well-calibrated constraints. This is precisely why religion provides
a useful metaphor
for colonial law. As
Stephen opined in 1876 (with acute sardonicism), in India, law is the “gospel
of the English.” This phrase would seem an ironic (and likely unconscious) reworking of Justice Hale’s
dictum that Christianity is parcel of the laws of England.
In India, of course, English law was emphatically not Christian, but rather religiously neutral. For it to function
as a gospel, then, the gospel would need to
be stripped
of theological
contents—becoming a
metaphor for a manner or modality of secular rule. As a “new religion,” wrote Stephen,
law would produce
a “moral conquest
more striking, more durable, and far more solid than the
physical conquest which rendered it possible.”84 Here, Stephen is trying to find language to
describe the peda- gogic force of law, a force that shapes subjects while remaining distinct from overtly physical
conquest. He lands
on the word moral,
which underscores this force’s
proximity to religion
(probably echoing the eighteenth-century
sense of moral as including both the sentimental and the ethical).
Stephen’s question here is, I think, still a live one. How does law’s peda- gogic,
governmental, or persuasive force differ from and relate to its juridico- legal force? Both act on bodies, but in different ways. To develop
an answer to this question, we need not follow Stephen in his antique terminology. What the nineteenth century called moral force, more recent scholarship has called affect.
RELIGIOUS AFFECT AS PUBLIC FEELING
The interdisciplinary field of affect theory, which emerged
in the 1990s at the intersection of queer theory and poststructuralism and later absorbed
various strands of
British cultural studies and psychoanalysis, has, more recently, entered
conversations in religious studies, critically reframing an older set of scholarly themes.85 “Religion always begins
with an emo- tion,”
declared Cornelis Tiele in 1899, writing toward the end of a period in which theorists of religion—from Friedrich Schleiermacher in the 1790s
to Rudolph Otto in the 1910s—had increasingly come to see their object of study as primarily
a species of feeling.86
While affect theory lurks behind much of the analysis in Slandering the Sacred, it only
occasionally steps into the limelight. To me, it has seemed rel-
atively more productive to think with (and also against) the period-specific
concepts circulating in my historical archive, with the term affect a tool for getting
critical traction on phrases like “religious feelings.” In the eighteenth
century, one spoke of passions, sentiments, and affections—philosophical
terms that conjoined the mental to the
moral, often with theological valence. In the early nineteenth century,
this moral lexicon was partly displaced by the word emotion, which previously had denoted political or meteorologi- cal unrest; now it
was redeployed as a scientizing term for describing the human mind. Its popularizers included James and John Stuart Mill, key patrons of the
Indian Penal Code.87 These shifting English-language con- cepts shaped developments in South Asian vernacular
languages. For ex- ample, an Urdu-language treatise on modern psychology like Abdul Majid Daryabadi’s
Falsafa-e Jazbat (The
philosophy of emotions, 1914) separated the emotional
from the moral,
a sharp departure from older discourses
on civility or the “polishing of ethics” (tahzib ul-akhlaq).88 These concept-
histories also inflected colonial jurisprudence. In 1915, a lower court in
north India held that because religion
is “rooted in the emotions
and sentiments,” religious
arguments are pointless. They never change minds. They only hurt feelings.89
This book’s dive into historical feeling is not just
empirical, however. Throughout, I work to develop
modes of theorization immanent to my his-
torical archives. I also consistently make critical moves indebted to con-
temporary affect theory,
especially around the question of what have been
described oxymoronically as “public feelings.”90 What better phrase
to cap- ture the “feelings” of 295A? Writing sentiment
into the very text of law, 295A turns law itself into something
like a sentimental literary genre—a
mode of writing defined
by the transmission of affect.
To understand this sentimental text, we need to dispense with the notion that emotions somehow exist interior to the individual
human psyche. Even inward feelings, after all, are more outward than we like to think. They creep
along the skin, linger
in rooms, connect
us to embodied others.91 The word
affect
brings this connectivity into clearer view: it denotes
a body’s ability
to be affected by forces external to it (so too, etymologically, do emotion and passion, respectively indicating “moved” and “passive” bodies).
By focusing on public feelings—or, rather, on affect as a mobile force that is neither public nor private/personal—we
can also productively reframe the history of secularism. As Joan
Wallach Scott has argued, what we under- stand as secularism emerged
in tandem with the modern
public/private distinction that coalesced
in the late eighteenth century.
This distinction was strongly
gendered, linked with the newly regnant ideal of the bour- geois home as temple of feminine domesticity. For long-nineteenth-century
secularism, then, woman, sentiment, and religion appeared as correlate enti- ties, all constitutively disbarred from public. Secularism was
a patriarchal project. (Only later, as Scott argues, did secularism reinvent
itself as a femi- nist project, defined against
racialized, and especially Muslim, postcolonial populations.)92
We can see these histories converging on a turn-of-the-twentieth- century figure
like William James.
Famously, his Varieties of Religious Expe- rience (1902) defines religion as “the feelings, acts,
and experiences of indi- vidual
men in their solitude, so far as they apprehend themselves to stand in relation
to whatever they may consider the divine.”93 This sequestering of religion within the
confines of the heart was both a protestantizing and
a gendered move. In a telling aside, James quips that to study religion
is to be “literally bathed in sentiment” and confesses that he is “almost appalled at the amount of emotionality” in
his text.94 Try to imagine James deliver- ing what was originally a lecture series
to a roomful of besuited
Scottish gentlemen in Edinburgh, narrating intense emotional
experiences (includ- ing
a few of his own, duly anonymized) in a paradigmatically public venue. Turning solitary
feelings into public
ones, he staged
a kind of performative
contradiction—registered in his body as a gendered squirm. James inhab- ited a gendered structure of secularist feeling.
This structure looked slightly different
in turn-of-the-century India. Because colonialism disbarred elite
Indian men from full participation in public life, these men turned to the inner sphere of literature, culture, domesticity, and religion as a zone of potential
sovereignty, one where they
could exercise self-rule without British interference.95 The result was what some
scholars have depicted as a sort of secondary colonization, an invasion of the home by bourgeois men who set about imposing
new restrictions on the lives of bourgeois women,
including through language
education as
site for the production of sexual difference.96 Duly sentimentalized, these women then became the symbolic heart of the
religious “communities” that mediated elite-male access to the institutions of the colonial public.
This bourgeois-masculine public was,
importantly, a formation of the parlor not the street.97 Its mores were savarna (privileged-caste) mores, with
the question of the late colonial public thus inseparable from the late colo- nial rearticulation of the
caste sensorium. If caste, in its various iterations, implies both a
spatial-sensory order (a distribution of bodies in urban and village spaces
phenomenologically coded around
affectively charged prac- tices of touch,
smell, sight, etc.)
and a sexual order (a violent enforcement of caste endogamy), both
orders were undergoing structural transformation in the late nineteenth and early twentieth centuries.98 This shift in the sensible infrastructures of caste was
evident in the new modes of political religion that followed
from B. G. Tilak’s reinvented Ganesh Chathurti festival, bring-
ing religious images out of the sacred enclosure of brahmanical temples and into the public or sarvajanik street.99 It was likewise evident in the cheaply
printed pages of polemical religious tracts, which developed an aesthetics of obscenity
that stoked affects
integral to the savarna sensorium (repul- sion, disgust)—often by referencing either
saliva (linked to the brahmanical
ideology of purity/pollution) or forms of labor traditionally associated with subordinated castes (sex work, human waste removal)—even as the promis- cuous circulation of cheap
tactile print potentially unsettled caste mores.100 Caste reterritorialized Victorian “decency” by overlaying a savarna habitus
onto
the bourgeois-Victorian habitus of bodily or spatial enclosure. A similar
overlay of caste and class informed the mores of ashraf (elite) Muslims.
This was the affective structure into which the Rangila Rasul was launched in 1924. The tract satirizes
the Prophet Muhammad
by depicting him as
a libidinous fool unable to restrain his desire for wives. It also explicitly contrasts Muhammad
with paragons of male celibacy: the Buddha, Jesus, and Swami Dayananda
Saraswati, the founder of the religious society that published the tract, the
Arya Samaj. “Even in a very, very old philosopher like me, feelings are stirred up when my women or religion is insulted,”
remarked a member of the 1927 Legislative Assembly when pondering such polemics. His comment neatly distills the cultural
logic of late colonial secu- larism, wherein a reconstituted patriarchy
asserted simultaneous control over “woman” and “religion” as twinned inner objects.101 This secularism’s
religious feelings were gendered feelings. They were perhaps specifically
the feelings of men, whose excitable bodies became sites for the articulation
of various ethico-political discourses on
self-control or self-rule. They were
also
caste-inflected feelings. Not incidentally, Arya Samajists
were promi- nent advocates of caste reform,
conducting shuddhi or purification ceremo- nies that ritually transformed Dalits, Muslims, and others (including, at various points, Europeans and East Africans) into savarna Hindus—thus simultaneously affirming
and unsettling the caste order.
Such rhetoric did not disappear
after 1927. Stereotyped depictions of hypersexualized,
Muslim masculinity remain alarmingly familiar in twenty- first-century India. Neither did the Indian Penal Code
disappear. It remains law across the
countries of former British India (India, Pakistan, Bangla- desh, and Myanmar). If the Code’s religious feelings are simultaneously intimate
and official—shaping the affective reactions of particular bodies by placing
those bodies in a legal frame—then they are also simultaneously
local and geopolitical, linked to empire as
an affective architecture designed to organize
bodies and their conduct at a global
scale.
THE TRANSCOLONIAL “ INDIAN ” PENAL CODE:
A LEGAL INFRASTRUCTURE OF WORLD RELIGIONS?
The Indian Penal Code was never just Indian.
It emerged from the intersti- tial space connecting India to Britain (see chapter 4). And
the British soon imposed it, with minimal changes, on a host of other colonies:
Sri Lanka, Singapore, Malaysia, Kenya,
Malawi, Tanzania, Uganda, Zanzibar, Zambia, Gambia, Yemen, Cyprus, Fiji, Vanuatu, Tuvalu, the Solomon Islands, the Seychelles, and, for a time, part of Nigeria.102 It also, via a more circuitous path, shaped criminal law in the white-settler colonies
of Australia and Canada. In 1877,
James Fitzjames Stephen published an English criminal
code modeled on the Indian
one. (A major Macaulay fan, Stephen wrote in 1872 that comparing the Indian Penal
Code to English
common law was “like comparing cosmos with chaos.”)103 The Stephen code then became
the model for the 1892 Canadian Penal Code (created to extend criminal
juris- diction nationally after the 1885 North-West Rebellion of Métis and First Nations communities; it included a prohibition on blasphemous libels
that exceed “decent language”) and
the 1899 Queensland Criminal Code in Aus- tralia.104 This cluster of anglophone texts subsequently entered
the toolkit of legal
reformers in places like Thailand (1908) and Egypt (1919), who drafted religion sections
strikingly reminiscent of the Indian
ones.105 So, seemingly,
did reformers in British Palestine
(1936).106
This transcolonial tale is hardly unique. A
similar story could presum- ably be constructed for
French civil law. The question then arises: To what extent have globally mobile
secular-legal texts served as the infrastructure for “world religions” (that
post-1880s notion), as both global cultural form and global structure of
feeling? Many of these codes use the word religion,
after all. Many also, in one way or another, mention “religious feelings.” (While 295A exists only in South Asia, the British
adapted Section 298, with
its wounded feelings, to other
colonies.) If we want to study the global cir- culation of religious affect, do we need to start from colonial-secular law as
unseen infrastructure of “religious” feeling?
I pose this question rhetorically. Answering it is
beyond the scope of this (and probably any single) book. I will
bring this introduction to a close by simply sketching one synecdochic piece of
this larger history—the Indian Penal Code’s influence in Britain—to return us to where we began: the inad- equacy of a Whig-liberal narrative of blasphemous modernity
that forgets how much of the history of North Atlantic secularism happened
overseas in
the colonies.
Macaulay dreamed that his Indian
Penal Code would
one day return
to Britain. His contemporaries mistrusted radical legal reform, but
perhaps future lawmakers would resolve to “be at least as well off as their
Hindoo vassals” by adopting his cutting-edge code.107 That metropolitan mimicry never quite
happened; the Macaulay Code was a colonial boomerang that did not land. Still, it hovered
over English legal debates for more than a cen-
tury, exerting clear
force by articulating a sort of conceptual outer
limit for British
secularism—especially when it came to blasphemy.
The Code’s influence began in the 1830s and ’40s with a criminal law com-
mission chaired by Henry Brougham.108 For blasphemy law, however, the real story
begins after the 1883 Ramsay ruling,
which prompted an outcry from legal reformers. By redefining blasphemy,
these reformers argued, Coleridge preserved a crime that should have
been either abolished or broadened to cover all religions.109 Some reformers proposed replacing English blasphemy law with a version of India’s Section 298.110 Others sounded notes of caution, including J. F. Stephen,
who worried that such a law would place excessive constraint on British speech. He nonetheless ended up endorsing the
idea.111 Six years earlier,
Stephen’s Macaulayan English criminal code had begrudg-
ingly retained the crime of blasphemous
libel, bowing to precedent while also noting (wishfully?) that this crime was
“practically obsolete.”112 Now it looked like it would finally become so. In 1887, Cambridge law profes- sor and member of Parliament Courtney
Kenny introduced a 298-style bill
that would have made wounding religious
feelings a misdemeanor; it went nowhere.
In 1889, Charles Bradlaugh proposed another bill that would have abolished blasphemy outright. It failed too.113
For the next century, British legal reformers kept looking to India. In a
1922 article on blasphemy law, Kenny even quoted Hari Singh Gour.114 In 1930, Parliament
considered an updated version of Kenny’s 1887 bill, but was deterred by complaints that it would protect “crank religions” like Spiritual- ism and Christian Science.115 Blasphemy then went on hiatus until the Gay News case, after which the House of
Lords once again looked to the Indian Penal Code as a model of how to govern
religion in a “plural society.”116 A 1981 commission concluded
that the Code was in fact the only viable model
for reforming blasphemy law—but then decided that its liabilities were suf- ficiently dire that it was better to abolish blasphemy altogether.117 A 2002 House of Lords committee went so far as to solicit an official statement from Indian attorney-general Soli Sorabjee, who explained that the Indian Penal
Code had fostered “intolerance, divisiveness, and unreasonable
interference with freedom of expression,”
amplifying conflict by prompting “fundamen- talists”
to “invoke the criminal machinery
against each other’s
religions.”118 This was hardly
a ringing endorsement. In any case,
a different solution
to blasphemy law was at hand: the post-1980s notion of hate speech.
It bears stressing that Britain was not somehow uniquely “behind” in the timeline
of secular-legal modernity. The United States,
for instance, was also
still grappling with blasphemy law in the mid-twentieth century
(state blasphemy statutes that dated to the colonial period had been
prosecuted throughout the nineteenth century and were not deemed
unconstitutional until 1952).119 If one is thinking in these linear terms, however, India was cer- tainly
“ahead” of its North Atlantic counterparts in reconceiving blasphemy as a secular
crime. It is thus a perhaps uniquely
rich site for thinking about the
history of blasphemy—and, more broadly, how secular law has come to
regulate something called “religion” by regulating feelings.
WHERE THIS BOOK GOES FROM HERE
Slandering the Sacred pursues
these themes by digging into a particular set of historical
archives. This method implies an argument. To see legal feelings clearly, we
need to push past the phenomenologically thin generalities of law itself to think via concrete historical conjunctures that allow us to see reli-
gious affect as simultaneously official
(structured by bureaucratic, legal, and other institutions) and intimate (lodged
in historically situated
human bod- ies).
Working toward such an account, this book traces an arc from “public” to “private”
and back again, hoping to throw the public/private distinction into productive confusion.
Part I opens with an analysis of “the public” as a category in global
crisis. Through a detailed analysis of the 1927 Rajpal affair (the
controversy that ended, or at least seemed to end, with the passage of Section
295A), it asks how the 1920s
crisis of the public prompted
a related crisis
for late colonial secularism. The rest of the book
circles around the Rajpal affair, with parts II and III respectively pursuing the prehistory of the two texts that col-
lided in this 1927 scandal:
the Indian Penal Code, as secular-legal book, and
the Rangila Rasul, as polemic religious
tract. While this organization
might seem to reify the distinction between “law” and “religion,” the
account developed across these six chapters works to confuse that
distinction. We find a secular law shaped profoundly by religious histories and
religious words exerting a quasi-legal force. Law and religion thus appear not
only as complementary technologies for the governance of emotion, but also as profoundly intertwined ones.
Part II, “Blasphemy’s Empire,” begins in the same vein as part I, explor- ing a public history of the Indian Penal Code by excavating the intellectual world of the early
nineteenth century. It then pivots.
Chapter 5, “Macaulay Unmanned,” marks a shift in the arc of the book, moving from the public register of law to what will at first
glance appear a surprisingly domestic set of concerns:
Macaulay’s incestuous love for his sisters and readerly rebel- lion against his
evangelical father. In sympathy with recent scholarship on the intimacy
of empire, I ask how one lawmaker
used the paper
object of a penal
code as a tool for the governance of his own feelings, with Company
paper thus rendered an intimate artifact. Chapter 6 returns to legal history to stay
with the category confusion that arises from chapter 5. Tracing a brief history
of the concept of libel between the seventeenth and late nineteenth centuries, it asks how the distinction between religion and politics emerged in tandem with the distinction between public and private.
Part III, “Polemics as Ethics,” shifts to what might seem the most local
or limited of the histories in Slandering
the Sacred. The reader will discover,
however, that by diving deep into the world of the Arya Samaj—the Hindu reform society behind the Rangila Rasul—we can come to a more satisfy- ing
theoretical account of the secular-legal governance of religion. Only in part III do the major themes broached earlier in the book come to fruition:
forceful words,
excitable bodies, slanderous intimacies. As in my discus- sion
of Macaulay’s domestic sentiments, I take Arya affect as synecdochic of larger
political structures, its microscopic granularity a lens for seeing those
structures in altered perspective. Not least, Arya affect foregrounds the
embodied realm of gender, race, and caste—which is to say, the realm of
religion as a set of technologies for the government of the body and its conduct—as a key site for the cultural production of law.
The Aryas have typically been represented in scholarship as pioneers of communalist hate speech and thus
progenitors of the Hindu right. That is not
wrong. Still, it is not the whole
story. The reader
will meet a somewhat
different Arya Samaj here. By working to produce a slight shift in how we see the Aryas, I am also, by extension, working to reframe
the phenomenon of “fanatic
speech” for which the Aryas often serve as exemplars. Not only did Aryas
presume the Indian Penal Code (which went into effect thirteen years before
the Samaj was founded) as key background condition for their injurious words (chapter 8) but they also used words to achieve some of the same
ends as colonial law, including
managing religious affect (chapter 7). Sometimes Foucauldian, sometimes Kittlerian, my account of Arya speech is rooted
in the materiality of historically specific discourse networks
or inscription systems, from print to photography to poster
art. It thus hews close to particular scenes and texts: speechifying schoolgirls, purloined let- ters, middlebrow biographies, and more. Chapter 9 brings Slandering the Sacred full
circle by constructing a cultural history of the genre of religious biography that the Rangila Rasul lampooned, and with it, a cultural
history of the prophet
as figure of comparative religion.
The framers of Section 295A expressly exempted
scholarly writing from the
scope of that law. It thus perhaps
bears noting that my aims and inten- tions in writing
this book are entirely scholarly. Frustrated with the repeti- tive, often-hackneyed debates about religion
and free speech in the twenty-
first century, I have tried to revisit one formative moment in the history of
our blasphemous present
to ask whether, by seeing it differently, we might also come to see ourselves differently. I return to these contemporary ques- tions in the conclusion.
A
note on the text: To write a book about blasphemy without
quoting blasphemous material is like writing about art without
any pictures. It leaves the reader blind.
I thus quote some potentially offensive material here. I
trust the reader to approach
this material in the scholarly
spirit in which the
book was written. Even seemingly spontaneous embodied responses par- ticipate in, and are shaped
by, historically sedimented structures of feeling.
By addressing the reader as a potential
scholar, I thus invite them to do the
scholarly work of historicizing their
own emotions. A given reader’s
affec- tive response to quoted material is implicated in the very histories this
book attempts to explicate—and would thus, ideally,
become part of the reader’s own archive
of cultural analysis.
Speaking of scholarly: Translations are my own unless otherwise indi- cated. With an eye to a nonspecialist readership, I have restricted diacritics to the endnotes.
I
THE MERRY PROPHET
when
mahashe rajpal published the Rangila Rasul (The merry Prophet) in 1924,
he surely realized
it would offend
readers of Urdu in
Lahore, where he ran his bookshop.
He presumably did not expect a major national controversy ending in his murder. Charged by the government with fomenting hatred between
religious communities, Rajpal spent almost three years on trial before he was finally—and unexpectedly—acquitted by the Lahore High Court in 1927. A public outcry ensued,
leading the central gov- ernment to add a new section, 295A, to the Indian Penal
Code to criminalize publications
that intentionally outrage religious feelings. That law seemed to resolve the crisis. Then, in
1929, a man upset about the Rangila Rasul walked
into
Rajpal’s bookshop and stabbed him to death.
Even a century later, recounting these events risks
narrative trouble. The Rajpal affair was shaped in advance by a set of cultural
scripts that overde- termined the actions available to any given
individual. Many of these scripts remain very much alive in the
twenty-first century—not least the Islamo- phobic
scripts that would take Rajpal’s murder as proof of their own facticity without
seeing how this event unfolded from within a version of those same narratives. The empirical “fact” conceals a set of historical contingencies that its apparent facticity or givenness works
to naturalize. The work of critical scholarship is to try to break free from such narratives. Still, one should not
naïvely underestimate their power to reassert themselves.
Problems begin with how to name the events at hand. To call them the Rangila Rasul affair is arguably to repeat, with every use, the “inde- cent assault”
on Islam implied
by that tract’s title. Some Muslim-owned
newspapers in 1927 urged that the controversy be called the Rajpal affair
instead.1 I mostly follow
that recommendation. Why was this title such a
problem?
Even by itself, the word rangila was said to be a “diabolical outrage on decency.”2 Literally meaning “colorful,” it implies (in the words of the 1927 government translator) “drink and
debauchery,” indicating a person “who is sexually
low in morals and leads a gay and fast life.”3 Or,
as an 1884 dictionary has it, a rangila is
“a man of pleasure; a rake, a sybarite.”4 To call
the Prophet (or rasul) a rangila, then, is to depict him as a foppish dandy.5 To soften that charge,
I opt for the most neutral period-specific translation: “The Merry Prophet.”
My aim here is to denaturalize the Rajpal affair
and the communalist scripts instantiated in it. Toward that end, I approach the controversy as a global
event—one that expresses not dueling religious “fanaticisms” but rather the constitutive antinomies of secular modernity.6 The affair was cer- tainly global.
Public outcry against
the Rangila Rasul started in Lahore, then rippled steadily outward—first to other Punjabi
cities, then onward
to Kan- pur
and Allahabad, Calcutta and Madras, Burma and Ceylon, Africa and England.7 The House of Commons briefly discussed it,
as did newspapers like the Manchester
Guardian.8 Even
global celebrities weighed in, as when Arthur Conan Doyle, the
detective-fiction author and Spiritualist, became the first signatory to a petition
circulated by London’s
Ahmadiyya Mosque asking the Privy Council
to overturn the Lahore court ruling.9 In 1925, Pan- dit Chamupati, the tract’s anonymous
author, quietly left India for a Vedic mission tour of British
East Africa.10 The Rangila Rasul traveled too, and along
similar diaspora pathways. In 1931, it popped up in Fiji.11
Thinking from these global flows, I argue that the Rajpal affair staged a crisis
not just for Indian secularism but also for the Indian “public,” sharing in a transcolonial
moment wherein this key category of modern political thought seemed to be unraveling. This exploration of the category of the public launches a line of inquiry that will run throughout Slandering the Sacred: how do religious feelings
emerge in and through the material infra- structures of the public,
especially print media and the reading body?
PHANTOM PUBLICS, GOVERNED PUBLICS
Colonial administrators had long presented the Indian public
as somehow deficient. It was too communal, too cantankerous, too divided by language
and region. This alleged deficiency worked to justify
colonial rule. “It may
be that the public mind of India may expand under our system till it has
outgrown that
system,” opined Thomas Macaulay in 1833, shortly before becoming the architect of the Indian Penal Code. “Perhaps by good govern- ment we
may educate our subjects into a capacity for better government.” Whether that day would
ever come, Macaulay
confessed, he did not know. Until it did, India would require
an “enlightened and paternal despotism,” benevolently imposed on a
colonial public that this narrative trapped in a state of perpetual political immaturity.12
If the Indian public had been in crisis since the nineteenth century, in the 1920s the “Western”
public finally caught up to it. A series of books
calling the concept of the public into question appeared across the North
Atlantic world, especially the United States
and Germany: Ferdinand Tön- nies’s Critique of Public Opinion
(1922), Carl Schmitt’s The Crisis
of Parlia-
mentary Democracy (1923), Walter Lippmann’s Public Opinion
(1922) and The Phantom Public
(1925), and John Dewey’s The Public
and Its Problems (1927). Some of these
authors argued that the classically liberal ideal of the
deliberative public sphere needed to be abandoned. Others rushed to the public’s
defense. Taken together, however, they articulated a set of problems
strikingly resonant with colonial conditions.
Any schematic summary of complex global processes necessarily simpli- fies those processes. Still, if we want to make sense of the 1920s crisis of the public, we could do worse than to follow
Partha Chatterjee in his schematic narrative about the geographic
inversions of global modernity. From the eighteenth century forward, Chatterjee
tells us, North Atlantic states rede- fined
themselves around the ideals of liberal democracy, including the rights of the citizen and the sovereignty of the public.
In the colonies, meanwhile,
those same states were pursuing
a markedly different form of rule.
In tech- nical terms, one could say that, in the metropole, the dominant political rationality was juridico-legal sovereignty, while
in the colonies it was gov-
ernmentality.13 That is, where imperial Britain had a
liberal-constitutional state addressed to the rights
of abstracted citizens, colonial India had an
ethnographic state addressed to the empirical management of socially
het- erogeneous populations—an archipelago of
communities defined around religion, caste, and tribe.14
As the British gradually introduced parliamentary institutions in India in
the early twentieth century, this situation began to change. The ethno- graphic state,
which had fully
emerged only in the late nineteenth century, was becoming overlaid with
something like a liberal-constitutional state, a development that culminated in Indian independence. We can feel the tension between these two political grammars in Herbert Risley’s argu-
ment for increased censorship during debates preceding the restrictive 1910 Press
Act. In India, Risley insisted, “there is very little public opinion and its place must be supplied
by the law” as “public educator.”15 Like Macaulay, Risley saw the colonial
government as a paternal despot.
Unlike Macaulay, this
professional ethnologist had spent the previous thirty years making
anthropometric measurements of “nasal indexes” and “facial angles” and
expressing delight that caste endogamy
had made India
such a fertile field for race science.16 His career since the 1860s had coincided
with the rise of
the ethnographic state,
culminating in appointments as Census Com- missioner and Director of Ethnography.17 Risley saw India
as populated by racialized bodies that needed mapping and managing. How jarring it must
have been for him to see those bodies speaking via the institutional forms of
the liberal public—as they would only do more in the decades to come.
We should not, however, take this shift as some kind of Macaulayan matu- ration. Rather, with Chatterjee, it is more productive to invert the usual tem- poral order of global modernity
by taking the colonial case as paradigmatic. By the end of the
twentieth century, governmentality and its populational politics would
become the dominant
face of politics
worldwide, displacing liberal-constitutional logics even in the North Atlantic
region. Macaulay was wrong, in other words. The Indian public did not
have to catch up to Britain. The British public had to catch up to a modernity
that had already emerged in India, realizing that it too was just a managed
population—and always had been.
The public sphere theorists of the 1920s were registering this precise insight, their books a hinge or pivot in governmentality’s northward
swing. Perhaps the clearest
text in this regard is Lippmann’s Public Opinion
(1922). Narrating what he calls a
“disenchantment” with the foundational myths of modern democracy,
Lippman describes the citizen awakening to the reali-
zation that “his sovereignty is a fiction. He reigns
in theory, but in fact he does not govern.”
Group psychology and communications science were proving their
ability to manipulate the public, turning
its opinions into just
another factory product—what Lippmann called “manufactured consent.” Real power belonged
to the manufacturers. The public
was a phantom, and always
had been. Modern states should face reality and reorganize gover-
nance around the rule of experts—refashioning themselves, in other words, to look more like the colonies,
where experts had been ruling all along.18
Nowadays, Lippmann’s sense of agony over the decline of publics can seem
almost quaint. In the twenty-first century, we take it for granted that
elections revolve around marketing firms managing microdemographics
and social psychologists using the latest techniques to “nudge” (in the
trade jargon) particular populations to the polls.
To the extent that we assume
that publics work in this way, we live in the age of governmentality, not the age of the citizen
(although the citizen
is certainly still with us). We thus, if
Chatterjee is correct, live in a modernity that arrived first in colonial con- texts like British India.
There are concrete connections between US public sphere theorists of the
1920s and their South Asian contemporaries: Lippmann corresponded with Lajpat Rai; Dewey was B. R. Ambedkar’s professor at Columbia.19 It would
be interesting to develop a comparative political
theory of the public
by thinking from such pairings. Here I pursue a different tactic by asking what formations of the public were visible in late colonial India. My pre- sumption is that the category of the
public cannot be applied to South Asian materials from the outside
like some kind of theoretical laminate but needs to be critically rethought via its genealogical links to India and empire.20
Late colonial India
was enacting a reverse movement
to the one that Lippmann
describes for the United States. If the US liberal public was on the wane in the 1920s, the Indian liberal
public was on the rise,
institution- alized in representative bodies like the Legislative Assembly,
established in 1919. In
form, these parliamentary bodies were largely liberal-constitutional. With their
members standing for religious communities as well as districts,
however, they also relied heavily
on the conceptual structures of the ethno- graphic state, thus expressing the contradiction between
these two political rationalities in an especially clear way. In a parallel
articulation of the same
contradiction, late colonial newspapers were faulted for representing not the public but rather particular publics (Hindu, Muslim,
etc.)—publics that, because
of their particularity, were not really public at all.21 In eighteenth- century political thought,
the generality of the public was contrasted with the parochialism of local
interests. These late colonial particularities were something else. Far from local, they indicated a form of generalized col- lectivity mapped and managed
by the apparatus of the ethnographic state: the population.
A phrase like “the Hindu public” thus masks a substantial conceptual ten- sion. In it, Hindu denotes a bound
seriality or enumerable population; public
indicates an unbound seriality, its edges extending ambiguously outward to include whoever might happen to pick up a given text. Does a Muslim who
reads a Hindu newspaper become part of the Hindu public for the duration of her reading? That such a
question is even possible indicates the concep- tual hiatus between population and public as modes of collective identity.22
A Hindu public is thus neither a public nor a population, but rather sits uneasily at the intersection of the two. I will describe such formations as “populational publics.” With this term,
I mean to redescribe what is some- times called a counterpublic—a
word that can be used to conflate several distinct entities.23 A populational public
is not a niche consumer
public (e.g., the public
of a golf magazine), nor is it an oppositional public (e.g., the readership of a feminist
or labor-movement journal,
defined around political opinion
rather than ascribed
identity). It would,
however, seem to correlate to two paradigm cases of the counterpublic: a gay magazine and a Black church. Like a late colonial Hindu
newspaper, these cultural forms
are defined by their ambiguity of address. Anyone could read a gay magazine or attend a Black church, but only
certain kinds of persons are likely to do so.24 This hiatus between
potential and actual audience expresses the related hiatus between the
open-edged public and the enumerable population, par- alleling the internal
structure of late colonial populational publics. (Indeed, it is perhaps because
they too had been objects
of governmentality—hailed as populations, and thus partly
analogous to parallel
populations in the colonies—that
subaltern social formations in the United States have been productive sites
from which to retheorize the North Atlantic public.) This comparison, however, begs a clarification of
terms. Describing such popula- tional publics as counterpublics
seems to imply that they are also necessarily oppositional publics,
with the empirical
fact of their subalternity an expres- sion of political dissent.
That conceptual conflation might, in some cases, be warranted. It can
also, however, elide historical and political complexity. The late colonial
Hindu public, for instance, was precisely not subaltern insofar as it reinforced caste and class
privilege even as it was simultaneously the contingently subalternized
object of colonial forms of knowledge.
Such abstract formations of human collectivity collide in concrete mate-
rial things—most pertinently for my purposes here, paper artifacts
and reading bodies. To bring this materiality into clearer
view, let us return to the story of the Rajpal affair.
A RED - EYED READER TAKES THE STAND
The Rangila Rasul was, in the first
instance, a bundle
of paper, the latest
volley in a pamphlet war among Lahore’s rival religious societies—Hindu and Muslim,
Christian and Sikh.
Ostensibly a riposte
to Unnisvi Sadi ka
Maharshi (A
nineteenth-century maharishi), a tract published by Ahmadi Muslims criticizing the founder of the Arya Samaj, the Rangila Rasul reached
a much wider
audience. Its first
edition of a thousand copies,
printed in May 1924, quickly gave way to a second.25
If the primal scene of religious offense is a scene of solitary reading,
of intimate congress between book and body,
then perhaps the signal moment in
the early history
of the Rangila Rasul was
when somebody sent a copy to
M. K. Gandhi. In June 1924, Gandhi publicly condemned the tract in
the pages of Young India. Pleading
for religious “tolerance” and begging religious leaders
to publish “clean
literature” instead of filthy polemics, he refused to inflict
on his readers the discomfort he himself had under-
gone, declining to even summarize the Rangila Rasul’s contents.26 A model of ascetic forbearance and
self-abnegating tolerance, Gandhi presumably hoped to arrest the flow of injurious affect by focusing
readerly pain on his own body.27 Ironically, his condemnation probably
helped launch the Rangila Rasul onto
its infamous career.
Soon a chorus of printed
voices was attesting to how the tract had “wounded the hearts of Muslims” with its
“uncivil” and “dirty” language.28
In July 1924, the Punjab
government registered proceedings against Rajpal, the tract’s publisher, under
Section 153A of the Indian Penal Code, charging him with promoting enmity or hatred
between Hindus and Mus-
lims. Hearings began that October but—prolonged by
procedural delays and two appeals—did not conclude until
May 1927, when the Lahore
High Court overturned the lower court rulings to
acquit Rajpal. In Justice Kanwar Dalip Singh’s idiosyncratic reasoning,
slanders of the Prophet are not neces- sarily also slanders
of Islam and thus cannot
be presumed to induce enmity in Muslims. The
public briefly scratched its head. Then it mobilized. Starting in late
May, telegrams and petitions poured into government offices, with protests following in June and July.
Colonial officials waited before acting, hoping that the judicial system
would resolve the crisis on its own. They were watching two pending court cases—the first involving a
sexual-scatological biography of the Prophet, the Vichitra Jivan (A strange life, 1923), the second an article
depicting him suffering in hell, published in Amritsar’s Risala-i-Vartman (Contemporary journal) in May 1927.
Both trials foregrounded the quasi-literary question
of reader response. How would a given reader react to one of these controversial texts? The
judge in the Vichitra Jivan case,
Justice Dalal, tried to imagine
himself in the position of an ordinary Muslim reader and concluded that he would
definitely proceed from hating the tract’s author
to hating all Hindus.29 The prosecution in the Vartman case saved the court such imaginative acrobat- ics by calling
actual readers to the stand. “On reading
this article, I received
the most terrible shock,” reported one of these witnesses, Maulvi Muham- mad
Daud Ghaznavi of Amritsar. “Blood came to my eyes when I read it. Intense
hatred was created in me against the editor, the author, the publisher and the community, the Arya Samaj and Hindu Sabha by this article.”30 Although the defense countered by insisting
that Ghaznavi’s “shock” was a different emotion than legally actionable
“hatred,” the judge ultimately convicted both author and editor.31 The witness testimony seems to have worked.
Ghaznavi’s testimony functioned in court as a performative enactment of
the wounded public. Now, of course, we have no unmediated access to his original act of reading. Did he first
encounter the article “Sair-i-Dozakh”
(A trip to hell) not in the pages of the Risala-i-Vartman but on a poster that
Ahmadis had plastered around Lahore to protest
the offending article?32 Or was he one of the Muslims who apparently sometimes
bought the Risala- i-Vartman in the market?33 That question had possible legal
implications if reprinting the article
was taken as an independent offense. It matters
little, however, to Ghaznavi’s performance on the witness stand.
The stand acts as a sort of confessional stall, a space physically con- structed
to facilitate the elicitation of feeling. One imagines that, as Ghaznavi narrated
his initial reading, he relived and thus reperformed his affective response. He
feels a shock. His eyes turn red. This physiological reaction would orient
Ghaznavi’s body to the physical object of the newspaper or poster on which the article was printed. That paper artifact
would, in turn, orient him toward an unseen
multitude of bodies: Hindus, the class. (It is perhaps ironic that the Arya Samajists, who for decades
protested they were not
Hindus, became paradigmatic of this class during the Rajpal affair.) In this
scenario, the printed page functions as a sort of fetish object. Like the
commodity fetish, it stands in for a set of human relations, displacing and absorbing
a collective flesh.
According to the prosecution, the author and editor of the offending article had acted “in a representative capacity.”34 They represented all Hin-
dus, which was why readers’ enmity
toward them necessarily translated into legally actionable class enmity. What kind of representation is this?
Perhaps the Risala-i-Vartman represented Hindus by giving voice to Hindu public opinion, thus standing in the place of Hindus as would a political repre-
sentative (i.e., Gayatri Spivak’s Vertretung).
Perhaps it represented Hindus more symbolically, portraying them by
metonymic proxy like a sort of ethnographic specimen (i.e., Spivak’s Darstellung).35 Probably the Risala-i- Vartman did both. That is, it
operated simultaneously within the political logics of the liberal-constitutional and the ethnographic state,
represent- ing both the public
(which speaks) and the population (which is spoken for), with “the Hindu”
emerging from the intersection of the two. Nor was the printed page the only physical
entity in court representing community in this way. On the witness stand, Ghaznavi’s reading body would have functioned in parallel
with the printed
text. The court took him as a rep-
resentative type, speaking for and feeling
on behalf of a populational class, Muslims. Like the printed page, his body implied
multitudes.
If printed texts were able to produce
a visceral response
in readers, this was
partly because late colonial religious polemics had developed a mark- edly corporeal aesthetic, writing populational bodies
into their very prose.
Several vivid instances of this aesthetic can be found in the June 1924 issue
of another Lahore paper, the Guru Ghantal (The knave)
(quickly prosecuted by
government for promulgating communal enmity), which fuses sexual- ity, obscenity, and community to a truly remarkable degree.36 One article describes a sex worker trying
to convert a Hindu Jat on behalf of her Sufi pir;
while they are having intercourse, she “passes excreta.” Another article, in
relaying hadith about the Prophet’s bodily functions, describes Islam as a
“philosophy of urine and nightsoil.” Yet another describes God tripping a
cleric so that he falls flat on his face before God grabs him by the ears to throw him into hell. A cartoon shows a doctor operating on God’s ear so that he might better hear prayers during Ramadan.37
These grotesque physicalizations bring the heavens
down to inglori- ous earth, lodging the sacred in the domain of
touch, violence, and bodily fluid—a domain marked by caste and gender, among
other axes of social and populational identity. These articles’ anti-Muslim
valence cannot be readily separated from their misogyny, nor from their
scatological obses- sions. In at least some late colonial writing, there is an explicit link made between human excreta and savarna ideas about ritual pollution, predicated on forms of labor
traditionally associated with subordinated castes. Some period rhetoric
worked to redirect
savarna disgust (ghrna) away from Dalits
and toward Muslims.38
The Arya Samaj, as we shall see in later chapters,
was especially adept at this style of corporeal rhetoric. It also developed new ceremonies for the rit-
ual “purification” of the body (shuddhi) with expressly populational intent. Founded
four years after the first Indian census
of 1871, the Samaj arose in
tandem with a new social
imaginary of number.39 By the 1920s,
Aryas were among the most prominent
exponents of the idea that Hindus were a
“dying race,” undermined by conversion as well as the natality rates of rival religions, especially Islam. One popular
1924 tract sounded
an “alarm bell,” predicting that the Muslim
population would increase exponentially like compound interest on a bank account.40 Pandit Chamupati, the anonymous Rangila Rasul author, was clearly aware of such rhetoric. In May 1924 (the
very month the Rangila Rasul was
published) his journal,
the Arya, pub- lished an article fretting about Dalit conversion to Islam, Buddhism, and Christianity. In June, it published a series of articles
refuting Gandhi’s argu- ments against
proselytization. “Can every
Muslim be made into an Arya?”
it asked. The answer, apparently, was yes.41
As a tract obsessed with sexuality, the Rangila Rasul played on such biopolitical
anxieties. It would have circulated alongside other allegedly obscene texts
of the period, from Pandey
Bechan Sharma’s Chocolate (1927) to D. H. Lawrence’s Lady Chatterley’s Lover (1928) to popular sexology
man- uals.42 The Rangila Rasul weaponized
smut for communalist ends, playing on
tropes of hypersexual Muslim masculinity to stoke a sexual paranoia that also reinforced gendered
power structures—as through
abduction narratives that were used to restrict the mobility of
bourgeois caste-Hindu women.43 Thus, in the Rangila Rasul, Muslim men appear as a sexual threat to the Hindu joint family. “Every country has its own customs,” explains the tract’s first-person narrator. In India, it is the
custom for a man to treat a woman as his religious
sister (dharm ki bahen) or mother; Arabia
has no such
custom, as can allegedly be seen from the life of the Prophet. He should have honored
the women whom the tract
tendentiously refers to as Mother Khadijah and Daughter Ayesha as
fictive kin. Instead, he sexualized and married them. He also allegedly
sexualized other female kin, as by marry- ing Zainab,
his adopted son Zayd’s ex-wife. “Now the reader can understand why Muhammad
hesitated to make any woman
his mother or daughter.”44 The tract goes on to suggest that even learned
South Asian Muslims
remain ignorant of the subcontinent’s sexual-familial norms, thus
implying that they are both cultural aliens and sexual threats in the Hinduized
space of the
subcontinent.
One can and should refute this Islamophobic account of the Prophet’s life. A tactic pursued
by Muslim writers
in 1927 was to argue
that Muham- mad married
Zainab in a reformist spirit, curbing social abuses resulting
from the pre-Islamic custom
of temporary marriage.45 Later historians have argued that Hindu communalist writers
of this period were projecting an incest anxiety endemic
to the joint family structure
(focused especially, but not exclusively, on brother- and
sister-in-law pairings) onto a Muslim reli- gious other.46
Here, I pursue a different tactic by focusing on the representative func- tion that the Rangila Rasul affords to the Prophet. When the Lahore High Court argued that in satirizing Muhammad, the tract
did not therefore also satirize Islam or Muslims, it was either obtuse or
disingenuous. The pam- phlet’s Prophet is a figure for Muslims as biopolitical population. Depicted as comically unable to control his sexual impulses and insistently physi- calized, this
caricature seems calculated to produce a visceral response in Muslim readers.
That response then implicates those offended bodies in a larger forcefield, a structure of feeling immanent
to the historically specific
institutions of the late colonial
populational public.
A SPECIAL
KIND OF FEELING
To get a better sense for how such feelings were structured, we need to move beyond the
scene of solitary reading to consider the civic meetings that came to define
the Rajpal affair by midsummer. Some of these gather- ings were organized by religious associations, such as Panipat’s Anjuman- i-Islamia;
others were sponsored by private individuals, as when Mrs. Khwaja
Hasan Nizami hosted a meeting of Delhi’s Muslim ladies.47 Most or all culminated in an official
expression of sentiment—a formal resolu- tion stating that the feelings of the assembled persons had
been wounded by recent events, including not just the words of the Rangila Rasul but also those of the Lahore
High Court. Resolutions could then be sent by letter or telegram to a government office or published
in a newspaper like Lahore’s Muslim Outlook (“The Only Muslim Daily Published in English in
India”). An archive of public feelings, these resolutions attest to “abhorrence
and disgust,” “pain and consternation,” the “shattering [of] Muslim hearts and
wounding [of] their religious sentiments.”48
While it is impossible to reconstruct a full ethnographic account of these
meetings, we do have relatively detailed descriptions of some of them,
including a June 1927 assembly at Peshawar’s Islamia Club. Its main hall was
apparently so packed with Muslims “of all shade of opinion” (Shias, Sunnis,
Ahmadis, Ahl-i-Hadis, etc.) that hundreds of
people spilled out into the cor- ridor, unable to find seats. When the speakers took the stage, “a special kind of
feeling” descended on the room. Soon everyone was “weeping.” After tears came parliamentary resolutions. Four of these were moved,
seconded, and then passed unanimously, expressing “sorrow and disappointment” at the actions of the Lahore court and asking government to pass a tempo-
rary law preventing attacks on religious founders while a more permanent measure was
devised.49
Such an event is best understood as performatively constituting the public opinion that it purports
to reveal. It structures inchoate
affect (a special kind of feeling)
into a legible collective emotion
(sorrow). There is
something deeply oxymoronic about legislating feeling in this way. As a genre
of writing, the parliamentary resolution would seem about as sen- timental as Robert’s Rules of Order—which is to say, not sentimental at all. The special kind of feeling that descended on the Peshawar
meeting cannot, then, be reduced to the collective sorrow expressed in
the concluding resolu- tion. The two necessarily existed in a kind of structural tension.
To parse this tension, we might turn to a book published fifteen years
earlier, Émile Durkheim’s Elementary
Forms of Religious Life (1912), identify- ing the Islamia Club’s special kind
of feeling as collective effervescence—a
quasi-electric affect emerging from and immanent to gatherings of human bodies.50 Durkheim asked how such effervescence
becomes concretized in symbols of the collective, or what he called “totems,”
mediatory represen- tations
that emerge simultaneously with affect in a mutually constitutive dialectic relation.51 Invoking
Durkheim here might seem to foreground reli- gion, thus positioning the Prophet Muhammad
as our Peshawar meeting’s totemic
symbol. But if we take the Elementary
Forms as not really being about “religion” at all, but rather about
“society” as secular-modern social imaginary,
then a different picture emerges,
one as complex as the Elemen- tary Forms itself (a transcolonial text wherein
“primitive” Aboriginals in British-colonial Australia
are overlaid palimpsestically on “modern” impe- rial
France, and both rerouted through Indigenous North America via the
Anishinaabemowin word doodem,
producing a political semantics of reli- gion wherein the religious is always already
collapsing into the secular and both into empire). By this account,
the Peshawar meeting’s
more potent totem
was the parliamentary resolution—the secular-liberal medium, not its
“religious” message—which represented the Muslim public in two senses at once. It both conveyed public opinion to the state (i.e., Vertretung) and reflected the gathered group to itself to bring that group into self-conscious
being (i.e., Darstellung, recast as Durkheimian process). Attendees presum- ably did identify with the resolution’s expression of sorrow,
but their act of
identification was, necessarily, just that—an effort, cemented in the ritual
assent of a vote, to suture self into a collectivity defined
around institution- ally mediated affect.
The Rajpal affair was a saga of such secular-liberal institutional forms.
Its summer meetings were the very model of deliberative reason. Citizens gather
in civic assemblies. The press reports public opinion. Elected or appointed
representatives echo these civic voices (as when Muslim mem- bers of the Council of State filed petitions to the viceroy
attesting to the state of Muslim
feelings).52 Government listens, ultimately creating a
new law. And yet, for the most part,
these meetings were not read this way, but
were taken instead as evidence of hyperemotional religious fanaticism.
“The Mussalmans of India have gone mad,” wrote Motilal Nehru to his son in July,
with evident distaste.53 Sectors of the Hindi press depicted
Muslims’ “religious fervor” or mazhabi josh (i.e., zeal, passion, boiling,
or excitement) as almost
inhuman.54 “A storm has sprung up in the Muslim world,”
stated one paper.55 The “Punjabi wind” has spread to Nagpur,
reported another.56 The “fire of communalism” was flaring because
of the “Rangila Rasul move- ment [andolan],” wrote
a third.57 Who would not be
alarmed by such fiery weather?
Contrary to what these meteorological metaphors imply, of course, this was not some atavistic eruption of irrational affect. It was a storm of sab- has—of
meetings, petitions, procedural demands for a judge’s resignation, and threats of boycott.
Even hostile writers had a hard time suppressing this fact, with the recurrence of an English
bureaucratic lexicon (e.g., prastav pas karna, to “pass” a resolution) undercutting efforts to blame the affair on
the innate “fanaticism” of the Muslim
community ( jati).58 Religious affect was located not “in”
Muslims, as one headline suggested, but was rather an emergent
property of the “public meeting”
(sarvajanik sabha) as civic- political form.59
Such feelings could be described, oxymoronically, as procedural effer- vescence—an
affect emerging in and through the routinized, rationalized procedures of parliamentary liberalism, wherein
liberal institutions become bureaucratic nodes for the transmission of affect. Presumably all liberal pub- lics produce feelings of this sort, or at least have the potential to.
BEWARE THE “ MONSTER MEETING”
These dynamics come
into clearer view if we turn to the “monster meetings” of June and July 1927. This phrase, in common use during the Rajpal affair, had circulated in Britain since at
least the 1870s and in India since at least 1907, alongside
related phrases like “monster petition” and “monster demon- stration.”60 With striking rhetorical efficiency, the
term yokes the delibera- tive public (the meeting)
to the riotous crowd (the monster), thus succinctly
expressing a constitutive anxiety of Victorian and late colonial liberalisms.
As political representation was extended to the masses, elites worried that any
public might suddenly transform into a monstrously demotic multitude.
Liberalism’s longstanding fear of large numbers thus entered a phase of acute panic
indexed by 1890s crowd theory and stretching into the 1920s, when Lippmann was still assessing the political
propensities of what he called the “bewildered herd.”61
In early May 1927, just prior to the Rajpal ruling, Hindu-Muslim riots had convulsed
Lahore.62 That summer,
the government fretted
that protest- ing crowds would provoke more riots. (One bureaucrat deemed
the likeli- hood low—unless someone
happened to assassinate Justice Dalip Singh.)63 Worries are
understandable. Speakers at monster meetings reportedly used intemperate
language, calling Singh “an empty-brained ass” and the other Lahore court justices “bastards and scoundrels.”
Some even threatened vio- lence
against Rajpal.64 When violence did erupt, however, it seems
to have been provoked by the police.
In early July, the Punjab government imposed a curfew. Protestors poured into
the streets anyway, and police attacked them—with
“the swish and the thud of the lathis” resounding in the night.65 To see these
crowd dynamics in action, let us consider
the “very large public meeting” held in Delhi on July 1 at 8:00 p.m. on a parade ground
across from the fish market, with organizers including members of the Khilafat
Committee. Five speaker platforms were erected, decorated with flags, and equipped with gas lanterns.
Volunteers dispersed to manage the gathering crowd, while police watched from a slight distance on horse and foot. An opening
prayer was followed by several speeches, culminating with Maulana Muhammad Ali reading a resolution attesting to the
“extreme sor- row and anger” of Delhi Muslims at the Rajpal decision and asking for the
crowd’s verbal assent to this representation of its feelings.66
As at the indoor
Peshawar meeting described above, this
resolution would have both structured feelings at the event itself
and then gone on to
circulate in press and government offices.
Or, at least, the potential
for such circulation was
presumed, a performative condition implied by the very act of passing a
resolution, with future circulation retroactively validating a given
assembly’s claim to speak for the Muslim
public. Monster meetings were thus inseparable from newspaper headlines like the one that
appeared in the Muslim
Outlook in late June: “Ultimatum of Lahore Musalmans:
Fifty Thousand Speak as One Man: Mr. Justice Dalip Singh Must Go.”67 If it
is hyperbolic to suppose that fifty thousand people could speak with a
single voice, it is just as misleading to suggest that any of those thousands
actually speaks. Their unified
voice is the aftereffect of an interlinked chain of medi- ated acts of representation, a leviathan monster that literalizes the meta- phoric operation whereby
the Muslim Outlook claims to speak on behalf
of a populational public.
This, importantly, is a physical operation. A paper like the Muslim Outlook
metonymically concretizes its public,
a teeming mass implicit in every page. In June, the Outlook’s editor and publisher, Syed Dilawar Shah Bukhari and Noor ul-Haq, were jailed for contempt of the Lahore High
Court, prompting a vocal outcry against this clear abridgment of press free- doms. One
concerned citizen wrote that the court might as well “commit the whole Musalman Community to jail,” as Bukhari and ul-Haq were “only guilty
of expressing public opinion” by putting “in black and white what every Musalman is saying.”68 This comment neatly distills the representative logic of the populational public. Bukhari and ul-Haq did not just represent readers of their newspaper
(i.e., their public). They represented all Indian Muslims (i.e.,
a census-certified population), a political body that seemed
to hover over them in their jail cells
as ghostly extension of their editorial
flesh. Rather than being effaced by this chain of representations,
then, it is perhaps more correct to say that the physicality of the crowd was sublated— ferried secretly
into the very heart of the print public. Publics were ghosts or phantoms, purposefully forgetting the bodies
that were their ground and condition of being. “The public,” as Gabriel
Tarde (Durkheim’s sometime nemesis) explained in 1901, “could be defined
as a potential crowd.” Where the
latter is monstrously physical, the former is a “purely spiritual collectiv- ity,” gathered
at a distance through mind
alone. Using the term spiritual to indicate less a religious quality than a negation of the body, Tarde explained
that publics operate through “the transportation of force over
distance.” He called this force “thought.”69 One might do better to call it “affect,” thus resisting Tarde’s dephysicalization of reading. Books link bodies, with the
physicality of paper convening a fleshy collective, a sort of virtual crowd.
Tarde’s use of the word spiritual
to describe print publics resonates
with the reading life of one of late colonial India’s
most prominent public
sphere theorists: M. K. Gandhi. Gandhi’s
early experiments in print asceticism echoed his
distinctive style of crowd politics, wherein the crowd itself was subjected to ascetic discipline and thus partly dephysicalized, its body force (sharir-bal) converted into soul force (atma-bal). Such spiritualization was necessarily fraught. Crowds are hard to contain, as Gandhi
learned the hard way in 1922, when a group of protestors torched a
police station, killing those inside.70 Where crowds go, the potential for body force follows.
Gandhi was an implicit presence
at our mass meetings, and not just incidentally via
the Khilafatists (his allies in the 1920–22
Non-Cooperation Movement).71
Some commentators described
that summer’s mass mobiliza- tion as a “Muslim
Satyagraha.”72 This moniker raised eyebrows: the Hindu Sansar jibed that it would be more accurately described as “duragraha” (misguided zeal).73 Still, it was accurate enough.
Orators adjusted Gandhi’s religious
symbolism, as by taking Hussain ibn Ali (Muhammad’s grandson, who died
at the battle of Karbala) as their key symbol for taking suffering onto the self in the name of a righteous
cause.74 The core operation, however, is much
the same: the suffering religious body transmutes physical pain into moral
force. Hussain thus appears, like Gandhi, as an ascetic subject. Or perhaps
it is that Gandhi appears
like Hussain—a sacrificial subject, his asceticism constructed around the question
of violence.75
THE MARTYR AND THE MASS BODY
Violence certainly shaped the Rajpal
affair, which was bracketed by death.
In
December 1926, the prominent Arya Samajist Swami Shraddhananda was assassinated by a man named Abdul Rashid, his gun hidden in the folds of a blanket.76 In late September 1927, a man named Khuda Baksh came into Rajpal’s Arya bookshop and attacked
him with a knife.77 Rajpal survived. Then, in 1929, in a second
bookshop stabbing, Ilm-ud-din succeeded where Khuda Baksh had failed.78 Rajpal became a martyr. Hanged for his
crime, Ilm-ud-din became one too.79
These acts of violence were,
as suggested above,
enactments of cultural scripts that preceded and overdetermined their
possible meanings, inscrib- ing these murders into communalist narratives of Muslim fanaticism. To complicate that picture, we might draw out how the Aryas
sanctified their
martyrs by appealing to a neo-Vedic symbolism of ascetic and ritual self-
sacrifice in which these twinned
modes of self-negation became fused with acts of print-reading. Where ordinary people
die of winter illnesses, one periodical
explained, “blessed men” like Swami Shraddhananda
become “sacrifices on the altar of dharma.”80 Where Vedic priests pour ghee into the ritual
fire, explained another,
the martyr pours
himself—the light of his
body joining effulgently with the flame. It is this sacrifice, this negation of
self, that makes the martyr a true “ascetic” (sanyasi) or “world renouncer” (sarvatyagi). As
was often the case in Arya writing, such Vedic imagery slips easily into polytheistic references of a kind Aryas officially disavowed (the fire
god Agni; a garland-bearing “goddess of victory”). More pertinently to my argument here, these metaphors configure
spiritualized print as a medium of self-sacrifice, interpellating the reader in this Vedic ritual by addressing him
directly: “Who will make the first offering?”81
The martyr cults of the 1920s and ’30s were simultaneously “political” and “religious,” straddling both sides of this
historically contingent concep- tual distinction. One writer compared
Khuda Baksh, unfavorably, to Sacco and Vanzetti
(the Italian American
anarchists executed in August 1927).82 In 1928, the Arya Samaj would gain another martyr—Lala
Lajpat Rai, whose murder prompted Bhagat Singh and associates to shoot a Lahore policeman,
leading in turn to their
1931 hanging and posthumous martyr
cult, immor-
talized in iconic
poster art.83 Even the iconoclastic Aryas used images
to mediate martyrdom. Consider
the cover of a 1935 volume published by the firm Rajpal and Sons to commemorate the father’s death six years earlier (a volume proscribed by the colonial
state, see figure 2). A pair of braceleted female
hands emerge from a nimbus-ringed and decidedly feminized flame to gesture
toward a Vedic fire altar or havan-kund. Beams of light radiate upward, simultaneously demarcating the distinct shape of the altar and incorporating it into the semicircular disc of a shining sun. Its art deco vibe fuses timeless tradition with sleek
modernity. This image echoes others of its moment, from the elongated fingers
of the nationalist Bengal School to the braceleted Lakshmi, ensconced by
sunbeams, in a 1920s advertisement for Rising Sun Oil, an imported Russian
kerosene.84 Perhaps that Lakshmi is quoted here, a
hidden presence in this aniconic Arya image. Regardless, the picture’s
rhetorical thrust is clear. It hails the viewer directly,
as though cajoling him (or
her?) to enter the flame—becoming the balidan or
sacrifice indicated in writing
at the top of the page.
The magazine opens onto a series of articles on religious themes. One explains how, in the Vedas, the “spiritual meaning of sacrifice is self-
figure 2. Balidan (Sacrifice) (Lahore) vol. 2, no.
1 (April 1935). Cover. © The British Library Board. Shelfmark PP Hin F 35.
surrender.”85 Another compares the martyr to the “ecstatic [mast] fakir.” The prison is his hut, the gallows his tongs, the noose his
garland, the funeral pyre his incense.86 “What is life?”
muses a third. Its essence
is not “in liv- ing” or simply counting up years, as is
assumed by “worldly people” and the “general public” (sarvasadharan). Only the martyr “is alive in the true meaning of the word.” The “life that is hidden in death” is written on his body like a tika or sanctifying mark, visible on “mahatmas” like Socrates,
Jesus, Giordano Bruno, and Dayananda Saraswati. Mother India needs such men. “We have a need not for the living, but for the dying.”87
In the middle of the magazine, the reader finds a balidan-chitravali, an album of martyrs. Photographs of the Arya dead, starting
with Dayananda himself, are reproduced in red ink (indicating auspiciousness? blood?) cov- ering pages and pages,
although with resolution too low to warrant repro- duction here. Particularly
prominent coverage is given to “Dharmvir Raj- pal” (i.e.,
Rajpal, the religious
hero). A full-page portrait, taken when he
was alive, shows
him suited, turbaned, and mustached; a caption describes the circumstances of his death.
The next page features three photos of his 1929 funeral
procession—in front of the hospital,
in Anarkali bazaar,
on the way to the cremation ground. According to government
files, the pro- cessing crowd used Rajpal’s
bier as a battering ram to push through police lines. Though
this action might
seem a grotesque literalization of body
power or sharir-bal, it perhaps more accurately attests
to the totemic power of
absent bodies. The funeral bier was empty. Authorities had refused to hand over Rajpal’s corpse.88 In the printed
image, the red ink is sufficiently
muddled to make the crowd indistinct, a blur converging around the inkless
white space of Rajpal’s unoccupied shroud—a literally empty totemic sig- nifier. Absence draws the eye, orienting the reader’s body and leading it along a chain of signification: printed image, photograph,
shroud, corpse. “Every Hindu is Rajpal,” remarked an Arya writer in 1948,
recalling Raj- pal’s funeral.89 The sentence asserts equivalence among at
least four non- equivalent bodies: the
deceased publisher, the processing crowd, the Hindu population, and the
reader, whom this passage seems to invite to identify with Rajpal and thus with
Hindus. Crowd, population, reader, corpse—it is perhaps precisely because these
bodies cannot be reconciled that their equivalence must be asserted.
In these late colonial martyr
texts, we see something like a neo-Vedic necropolitics,
wherein the ascetic corpse becomes a site for sacralizing the nation.90 The martyred corpse turns muscular Hinduism
on its head— either a grotesque inversion of the Arya cult of bodily
improvement or, perhaps, its logical and necessary obverse
(see figure 3).91 Where yoga, ath- letics, and sexual restraint were, in the words of a June
1927 article, “tech- niques for increasing bodily strength,” the martyr sacrifices these gains in a
single instant of ecstatic expenditure.92 His self-negating, spiritualized flesh becomes a means of bringing the Vedic nation into physical
being—or so these articles imply.
More immanent to the page is the moral force
that the
figure 3. “Arya
Vyayamshala
Khagaria (Munger) ke Kasrati Purush”
(The athletic men of the Arya gymnasium
Khagaria). Shitalprasad Vaidya, Shrimaddayanand Chitravali (Cal- cutta: Vedic Pustakalaya,
1925). © The British Library Board. Shelfmark
Hin.D.1519.
Vedic print object wields by enjoining its readers toward self-sacrifice. Here, Vedic print asserts a power over life and death that is in
some sense paral- lel to that of law. Vedic
necropolitics
collides with colonial
biopolitics, two interlocking schemas for governing the public and its bodies.
CONCLUSION: “A BRUTAL ORGY OF ABUSE”
This chapter has
tried to shift our angle of approach onto the Rajpal affair by framing
this crisis of late colonial
secularism as a crisis of the public that
expressed conceptual antimonies central to modernity at large—publics ver-
sus populations, readers versus crowds, procedure versus affect. Since
the nineteenth century, colonial ideologues had disparaged the Indian public as constitutively backward. It turns out, the very conditions of its alleged
deficiency were
what pointed the way toward the global future. Colonial India anticipated the kind of governmentalized public that worried
political and media theorists
of the 1920s and later (arguably) came to underlay
new theorizations of the counterpublic.
Late colonial publics were persistently physicalized—with commenta- tors describing, for example, how
“virulent” newspapers packed their pages with “rabid
writings” and “venomous propaganda,” resulting in a “brutal orgy of
abuse” toward religion.93 Such rhetoric takes sex, disease, and
poison as metaphors for the communication of affect, implying
that print media infects its readers’ bodies with dangerous feelings that pose
a threat to the public order. One might respond
to such charges
by insisting that religious
actors in late colonial India were actually
secular-rational actors. This move, however, risks reifying the conceptual distinctions on which Islamophobic rhetoric in particular was based—presuming, as it did, that any expression
of religious sentiment was evidence of madness. It would seem more pro- ductive to clarify
how “religious” sentiment
was always already
implicated in the internal
contradictions of secular-liberal procedural and institutional forms, which became media for the cultivation of embodied affect.
Because these affects were always physical transmissions (not, pace Tarde, spiritual ones), they could draw bodies together,
sometimes violently. Law, with its normative claims on bodily behavior,
was enmeshed in the circuits of vio- lence it sought to manage.
The bodies of the Rajpal affair were configured in a variety of ways. They
were public bodies, populational bodies, crowd bodies, and ascetic or sac-
rificial bodies, with none of these forms of
collectivity fully reconcilable to the others. They were also intimate bodies—in their very affectivity, refus- ing neat divisions between
public and private.
This interstitial ground
was where religious affect
circulated. The question was how best to manage it or arrest its circulation.
In late August
1927, members of India’s
Legislative Assembly headed to Shimla, the
colonial summer capital. These 145 men—some appointed, some elected—formed
a parliamentary body, the lower house of a bicameral legislature, created in
1919 as an experiment in devolving powers to Indians. This year, they were faced with a “Religious Insults Bill” (or, in popular par- lance, a “Blasphemy Bill”) adding a new section to the
Indian Penal Code to criminalize outraging religious feelings. The legislators
did not like the law, sent to them for approval by central government bureaucrats.
Over- whelmingly, they saw it as “a very great danger” poised to “muzzle”
the press, “hamper”
scholarship, and place a general chill on free speech.1 They passed it anyway.
Faced with the ongoing crisis of the Rajpal affair,
the legislators decided that a bad solution was better than no solution at all.
Where the previous chapter approached the Rajpal affair from the bot- tom
up, analyzing the popular mobilization against the Rangila Rasul as a crisis of the colonial public, this chapter approaches
it from the top down, asking how lawmakers sought to manage this crisis through
the terms of an emergent Indian secularism. That secularism was shaped by a
strong internal tension. If the late colonial civic
sphere was organized around two distinct and partly contradictory notions of human
collectivity—the public and
the population—the late colonial state was structured around a paral- lel split between what I
will call a liberal-constitutional or high secularism and a governmental or low
secularism. These distinct political grammars respectively hailed citizens and
subjects, publics and populations, seeing religion alternately as a form of privatized belief
and a trait of administered communities.2
Perched in the hill station of Shimla, the members of the Legislative
Assembly tended to
think via the high, articulating a set of secular norms (e.g., freedom of
expression) for which the unwashed masses were not yet ready. Replicating a
core temporal trope of colonial rule (freedom, but not yet), these elites
framed the passage of 295A as a necessary concession to the social fact of
religious conflict—a response to a temporary emergency that required an
exception to liberal-constitutional norms. That excep-
tion became a site for the expression of a distinct
political logic. Section 295A articulated what could be called a penal secularism or, more broadly, a governmental
secularism—addressed not to rights, but to the technical management of religio-racial bodies organized into endemically violent populations.
I pursue this argument in what may at first seem a counterintuitive man- ner. Starting with the
legislators’ own excitable bodies, gathered in Shimla, I ask how
parliamentary flesh functioned as a trace of the low within the high, revealing
the contradictory role of the body within the liberal-deliberative “public.”
Opening outward from the scene in Shimla, I analyze the text of 295A, showing
how populational “outrage”
functions as affective
proxy for crowd violence. I then situate
this law within
a more general history of Indian secularism in the 1920s. By bringing low or governmental secularism
into clearer view, I suggest, we can better appreciate how the Indian secular- ist tolerance ideal worked to conjoin the state to society, with folk practices of communal harmony marshaled as
a technology for keeping the peace. This touting of folk tolerance as proxy for
state secularism further worked to position Hinduism, or a culturalized version thereof, as the natural
sub- strate of the Indian secular, thus reinforcing caste-Hindu hegemony. The full complexity of tolerance as social/legal norm can be seen in the secularist aesthetics of
Sarojini Naidu, whose nationalist poetry provides historical context for a key
slogan of the Rajpal affair: “Respect for All Prophets.”
BODY COUN T, WORD COUNT: A
DELIBERATIVE EMERGENCY
Every year,
the British colonial
government in India
headed to the hills
for six months or more, a seasonal migration said to involve more tea par-
ties than official business.3 “Come down from your hills and govern,”
jibed a 1917 newspaper
editorial.4 The Raj ignored this advice. Even as it granted
more power to Indians with the 1919 Montagu-Chelmsford reforms, it
continued to invest in its summer
capital, breaking ground
on a new Legis- lative Assembly
building in 1920.5
Shimla, as M. K. Gandhi declared after a 1921 visit, was
the real “sym- bol of India’s slavery.”
Its racialized labor made Gandhi
queasy: hill station elites hitched subordinated-caste men to rickshaws
like animals. So did the implications of its altitude. To rule
from Shimla, he said, was like running a shop from a building’s “five hundredth
storey”—absurd, insulting, and ineffective. He warned of a future in which “discrimination is not between white and coloured,
but between high and low,” asking that India return government to the demotic
ground, lest it end up ejecting the British while retaining their colonial power structures.6
High and low—Gandhi’s binary distills the
deep structure of the late colonial state and, with it, late colonial
secularism. Two formations of the secular clashed during the Rajpal affair. One
was high: the juridico-legal secularism of liberal constitutionalism, directed to the rights and freedoms
of the citizen and aligned with the ideal of
the deliberative public. The other was low: the governmental secularism
of the ethnographic state, directed to the well-being of populations plagued
by what the state saw as endemic religious violence. Each of these
political rationalities corresponded to a distinct
way of talking about religiously offensive speech. Sometimes, the Shimla legislators spoke of rights—a
right to freedom
of religion or freedom
of speech, even a right not to be offended.
At other times, they spoke of
populational violence—how to predict it, how to curb it, when to leave it be. The latent disjuncture between these political
grammars flashed into view during
moments of crisis, notably around questions of censorship. The
British imperial project in India was structured around a fundamental
ideological indecision: was it liberal-democratic or authoritarian in nature?7 Where its liberal impulse was loath to
restrain the press, its authoritarian impulse
(obsessed, in the 1920s, with “security”) was loath not to.8 The colo- nial state thus never developed systematic
censorship policies, but rather passed censorship laws on an ad hoc basis, in
response to periodic crises like the Rajpal
affair.9 In debates
around these laws, we can see conceptual
conflicts around the nature of colonial
rule with particular clarity.
The pivot between political logics relied on precisely the sorts of class distinction
that worried Gandhi. “If India were constituted of inhabi-
tants like those who come into this
Assembly there would be no trouble,” remarked Pandit Thakur Das Bhargava after
hearing his colleagues dilate on the virtues
of religious tolerance. Alas, he continued, “the man in the
street has not got these noble things in his heart.”10 Other legislators agreed.
Insults to religion are downright “ungentlemanly,” said one.11 They were like “hot chestnuts,” said another, referencing what he described as an English street
food and thus positioning religious insult as a distinctly down-market delectation. “People
like to have hot things
to warm their
cold blood up.”12
The speech of our urbane parliamentarians might seem different in kind from such hot
language. Yet the legislators were less coolly self-controlled than
they would have us believe. An “atmosphere of panic” clouded the pro- ceedings of the Legislative Assembly.13 “Born of a panic,” the
so-called Blas- phemy Bill was also “being hustled in a panic.”14 In just over a month, it was drafted,
sent to committee, debated, and enacted, all without “any formal attempt to elicit public
opinion.”15 When one member
asked to slow the bill down by a few months so that it could be shared with the public,
someone reportedly cried out “hysterically,” “Who would carry the dead
bodies?”16
This emotive appeal reveals a constitutive tension of the Rajpal affair. There was, to put the matter crudely, a grotesque
disjuncture between body count and word count—between what one assembly
member described as the “tragedies” unfolding
outside the Chamber’s
“serene atmosphere” and the lengthy
deliberations happening within.17 Section 295A attempted to rule bodies through
words, to fix “religious feelings”
into legal language
so that those feelings, potentialities in bodies, could be
better controlled. But proce- dural liberalism’s
ideal of unhurried deliberation, its leisurely semiosis, was badly
synchronized to the irruptive temporality of mass violence.
Liberalism as a mode of government by discussion famously tends to occlude
the body. At least in its classic form, it prizes argument that pulls away from
the interested particularities of the flesh to speak in the disin-
terested voice of universal reason.
This rhetorical disavowal
would seem to position
violent or excessively affective physicality as exterior to parliamen-
tary spaces. But that, of course, is an illusion. Not
only can lawmakers inflict renewed injury by quoting injurious
speech; legal speech inflicts a physical
force all its own, sublimating state violence into the force of law. The sum- mer protestors understood this: they were protesting the juridical words of
the Lahore High Court as much as, or more than, the “religious” words of the Rangila Rasul.
Liberalism, let us say, positions the speaking or writing body as a site of performative contradiction, placing a speaker or writer’s irreducibly embodied status
under an erasure that is necessarily incomplete. This era- sure, furthermore, is consolidated by the very media forms that give the
historian access to legislative proceedings. Official
transcripts of parliamen- tary debates (most paradigmatically, Hansard’s) are paper artifacts that do
performative work. They literalize the Victorian-liberal ideal of
government by discussion by reducing legislators to their words,
transmuting bodies into pure speech—a sort of deliberative-liberal apotheosis,
wherein media infrastructure replicates the political-cultural logic that gave
rise to it.
To bring these occluded bodies into better
view—and thus see how the legislators’ bodies functioned as a trace of the
excitable crowd within the ethereal halls of deliberative reason,
an eruption of the low into the high—
let us try to imagine ourselves as physically present in Shimla in August
1927. The members of the Legislative Assembly would, presumably, have peered out onto misty hills
while crossing the neoclassical portico
of their Council Chamber, completed in 1925, maybe fretting
about the protests
down in the summer dust of the plains.
Inside the chamber
doors, they joined a roomful of male bodies—visually marked,
including through clothes,
as British and Indian, Hindu and Muslim—settling into seats. At one end of the chamber,
a raised dais featured
a Burmese-made teak throne, with fluted columns cul- minating in a crown, and an empty box. The former was
reserved for the as- sembly president (in 1927, Vithalbhai Patel); the latter symbolized the absent
viceroy (Lord Irwin) and thus also the royal body of the emperor,
George V.18 This scene articulates a political syntax
in which each body serves a representative function—or, rather, two.
The legislator is both a political spokesman giving voice to a constituency
(i.e., Gayatri Spivak’s Vertretung or “rhetoric-as-persuasion”), as well
as a symbol or
synecdochic proxy for that same constituency as enumerable population (i.e., Darstellung or “rhetoric-as-trope”).19 If this doubled structure characterizes all
political representation (there is no Vertretung without Darstellung), it is nonethe- less articulated in historically specific ways. In early twentieth-century
India, I am suggesting (in an argument that loops
Spivak through Chat- terjee), the first type of
representation was aligned with the newly emergent liberal-constitutional
state instantiated in institutions like the Legislative Assembly. The second was aligned with the late nineteenth-century ethno- graphic state that undergirded and entered into assemblage with those same liberal-constitutional
institutions—with seats in the Legislative Assembly organized, for instance, by district and religious community. The represen- tatives in Shimla were both parliamentary orators,
participating in liberal- ism’s aesthetics of persuasion, and ethnographic types,
physical specimens
of religious and other kinds of population.
They were, importantly, male specimens—their very presence in the
public space of the Legislative Assembly evidence of a historically
specific formation of gender that bore directly on the problem
of religious feel-
ings. If political
representation in late colonial India was structured around religious community, religious
community was structured around women
(specifically bourgeois, savarna women) as its idealized inner essence.20 The symbolic
entanglement of “woman” and “religion” was, moreover, crucial to the
affective power of both. “Even in a very, very old philosopher like me,
feelings are stirred up when my women or religion is insulted,” reflected Madras’s M. K. Acharya while pondering the Rangila Rasul.21 It is not just that
Acharya asserts elite men’s control over “their” women as integrally linked to other kinds of public rights, including
the right to freedom of religion.22 It is that his superannuated passions
register a historically spe- cific structure of feeling in which woman and religion
appear as prior to
bourgeois-male subjectivity as such, an intimate inclusion
within the public male body. “Feelings are stirred.” If affect renders the stoic philosopher pas- sive by compromising his self-control, it can do so because
that philoso-
pher’s performance of self-control is moored in his gendered being. This gender
politics then intersects with the biopolitical regulation of the reli- gious population’s implicitly violent affects.
Even in Shimla, on the five-hundredth floor, in other words, there was
excitable flesh requiring emotional management—the bodies
of the legisla- tors themselves, whose
representative flesh was continuous with the mass body of India’s administrated
populations. In addressing a new law about religious feelings
to those down-market multitudes, our legislators were per- haps unwittingly
also addressing that law to their own feeling bodies. Where the human body goes, there too goes the ground.
RELIGIONS, FEELINGS, CLASSES : THE TEXT OF 295 A
To see how the new law configured its populational feelings,
let us turn to the text of Section
295A as originally enacted in 1927: “Whoever, with deliberate and malicious
intention of outraging
the religious feelings
of any class of His Majesty’s subjects, by words,
either spoken or written, or by
visible representations, insults or attempts to insult the religion or the
reli- gious beliefs of that
class, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with
both.” A marginal heading distills
the core of the offense:
“acts intended to outrage religious feelings of any
class, by insulting its religion or religious beliefs.”23
Circuitous syntax abounds
here because 295A describes a conceptually circuitous crime. It references but ultimately disavows the crime of blas- phemy (i.e., insults to religion per se), affording direct protection not to
religion but rather religious feelings. This conceptual hierarchy is
clearly indicated in the marginal heading,
where insults to religion are sidelined to a subordinate clause.
Confoundingly, 295A uses the word religion or
varia- tions thereupon three different times: religion, religious beliefs, and religious
feelings. It is as though whoever
wrote 295A hoped that repetition might stabilize
the meaning of this notoriously unstable term. Instead,
it creates a sort of a semantic perpetual-motion
machine, a tautological loop in which each of the three instances of religion
keeps defining the others.
This redundancy seems to have been a response to Dalip Singh’s decision in Rajpal v. Emperor, which
differentiated among insults
to the Prophet, Islam, and Muslims.
The new 295A would prohibit
all three. In it, as the
special committee assigned to amend the law explained, the noun religion indicates entities like Islam,
while the phrase “religious beliefs” is meant to
ensure that “an attack on a founder is not omitted from the scope of the
section.”24 (This reduction of a sacred person to a belief would seem typical
of secular law, which tends to understand religion as consisting of lists of
propositions that can feel as dry and technical as law itself.) Section 295A still, however, clearly grants primary protection
to populational entities like Muslims,
indicated here by the phrase
“the religious feelings
of any class.” This is the phrase at the crux of the law, and the reason why 295A ended up being substantially redundant with
Section 153A.
Like 153A’s “enmity,”
295A’s “religious feelings”
indicate an affect intrinsi- cally linked to the violent crowd (153A was appended to 153, about inciting
riots). In context, the meaning of 295A’s “religious feelings” is quite
restricted. Indeed, in the phrase “outraging religious feelings,” the verb
overdetermines the noun such that only one feeling
would seem plausibly indicated by the law: outrage
itself. This irritated the law’s critics. As Orissa’s Pandit Nilakan- tha Das complained to his colleagues at the Legislative Assembly, to reduce religious feelings
to “ruffied feelings” means “nothing but blasphemy to
reli- gion.”25 His feelings apparently outraged by 295A,
Das effectively accused the new law of being in violation of itself.
For Das’s injury to be actionable under 295A, however, he would have
needed to allege that his feelings were “class” feelings. In historical context, this word indicated India’s
religious, linguistic, caste, and tribal commu- nities, invoking the apparatus of the ethnographic state.
Section 153A had used the same word to describe “class” enmity or hatred. Notably, when
the Lahore High Court proposed language for a new law bypassing 153A, it avoided the word class, speaking
instead of “pamphlets published with the intention of wounding the religious feelings
of any person” (my emphasis).
The bureaucrats who adapted this language
into 295A made two significant
changes, both presumably to limit 295A’s scope: they increased the affective threshold
of offensive by changing “wounding” to “outraging” and increased its numeric
threshold by changing “person” to “class.” This change begs what would seem a key question: Can “classes” feel? If so, in what sense? Surely they feel differently than “persons” do.
Finally, it bears noting the obvious: all of these words are in English,
the language of colonial law. Translating legal terms into
South Asian vernacular languages was, moreover, potentially tricky, in that
even a seemingly simple noun like religion was not quite equivalent to possible analogues such as dharm, din, mazzhab, panth,
and sampradaya. While I have not seen an official 1927 government translation of 295A, period press gives a sense for
how
people were rendering its core terms.
In Hindi, for instance, M. M.
Malaviya’s Abhyudaya reported how the British government was making it a crime “to intentionally insult the religion [dharm] of any class [ jati] of the emperor’s subjects [samrat ki praja]” or to “wound religious feelings” (dharmik bhavas).26 To see a different set of translation choices, we might consult an earlier
text, the official 1861 Hindi translation of Section 298 (of which, see chapter 4). There, the “intention of wounding religious
feelings” is rendered as the intention
to give grief or pain to conscience in matters of belief (antahkarn ko mat ke vishay mein . . . duhkh dene ka prayojan).
Other sections in the Code’s religion chapter speak of
criticizing the doctrines of a religious lineage
(kisi sampradaya ke mat ko ninda).27 In this 1861 text, religion would seem to align
more with opinion
(mat) than with feeling (bhava), and dharm seems not yet to have settled into its now-standard role as religion’s obvious translation.
Section 295A, in short, articulated a specific formation of legal
secularism that departed both from nineteenth century and, even more so, early mod- ern precedent. Where a court decision like Rex v. Taylor took Christianity as “parcel”
of the laws of England,
Section 295A took “religion” as an object external
to law, a social fact in need of proper management. It is legally rele- vant only
when it threatens to breach the peace. Law thus regulates “religion” only
indirectly by regulating “religious feelings” (i.e., “outrage”), an affective proxy for populational violence.
Censorship laws often end up inciting more of whatever variety of speech
they seek to suppress, and 295A appears to have abided by this general rule.
It
established religion as a site for the cultivation of outrage as public
feeling. Any class alleging
offense under 295A necessarily presents
itself to the state
as a religious class situationally defined by its “religious feelings.” This is
true even for a class that might not, in other circumstances, be understood as
primarily religious (as when Rajputs alleged a 295A
offense against the 2017 film Padmaavat, for suggesting romantic intimacy between a Muslim
king and Rajput queen). Penal secularism, it would seem, works to redefine
religion around highly transmissible forms of public feeling.
SECULARISM FROM THE FIVE - HUNDREDTH FLOOR
To see how 295A’s penal secularism fits into the larger story of Indian
secu- larism is to see how Indian secularism itself
was perhaps always already an affective project—constructed around governmental secularism more than liberal-constitutional secularism.
What is now commonsensically referred to as “Indian secularism” did not emerge as such until the 1940s, born of the
Constituent Assembly debates that decided the shape of the postcolo-
nial Indian constitution.28 (While the word secular did not feature in the
original version of that document, it did feature in the debates.)29 This was the moment when, as Shabnum Tejani has argued,
it suddenly became self-evident that there was a distinctively Indian varietal of secularism that could, like anticolonial nationalism before it, unify
India’s fissiparous parts into a harmoniously pluralist whole.
This project was not exactly
new: it built on policies
of inclusionary neu- trality
that dated to the Company period. Nor was it ideologically neutral. This newly emergent Indian secularism worked to
reinforce dominant-caste Hindu hegemony. Indeed, it did deft rhetorical
work. By identifying reli- gious
difference (i.e., communalism) as the postcolonial nation’s defining problem,
secularism deflected attention away from caste difference, ren- dered as “intrareligious” dispute.30 It then displaced the “communal prob- lem” onto the minority group configured from within that
problem, with Indian Muslims made to carry the metonymic burden of religious
conflict as such.31 Dalits and Muslims
were, once again, rendered marginal
to a pol- ity constructed around caste Hindus—with even the
rhetorical construction “Dalits and Muslims” recentering savarna Hindus by bifurcating caste and
religion, thereby repressing the caste question within South Asian Islam.32
It bears stating that to narrate
the history of Indian secularism in this way is
to make no claims about the intentions of particular historical actors. This is
a tale of genealogical emergence, a gradual reorganization of the back- ground conditions of political and social thought.
If speaking of Indian secularism prior to the 1940s risks anachronism, it also
helps show how the rhetorical moves consolidated in the 1940s had been
developing for decades. They were certainly well-developed in the 1920s. Especially notable in this regard is the emergence
of what Cassie Adcock has called the “tolerance ideal”—that is, the notion (associated espe- cially with
Gandhi) that India’s distinctive form of secularism is rooted in culturally distinctive traditions of pluralism
and folk tolerance. If “commu- nalism” was
Indian secularism’s defining problem, “tolerance” was its trade- mark
solution, the means by which it marked itself as nationally “Indian” and thus
categorically different from “Western” secularism. As was espe-
cially evident in debates about religious
conversion, “tolerance” was marked as a distinctively
Hindu value (contrasted with the allegedly intolerant prac-
tice of proselytization in “Semitic” religions like Christianity and
Islam— a move that also delegitimated Dalit
conversion). The tolerance ideal thus worked
to position a form of culturalized Hinduism
as the very substrate of the
Indian secular.33
We can see these multiple threads converging on the Rajpal affair. The controversy certainly involved plenty of tolerance
talk—much of it portray- ing Islam as a
proselytizing and thus inherently intolerant religion, some of it arguing that Islam enshrines tolerance as its highest ideal,
some of it
arguing against conversion per se.34 The affair also showcased styles of
secularism less frequently
associated with India, from the
separation secu- larism of Hari
Singh Gour and M. R. Jayakar (see
chapter 1) to invocations of the “religious liberties” ostensibly guaranteed by Queen Victoria.35 Even the word secular cropped up at various
points. Both the Lahore Tribune
and The People used
it as an antonym for “religionism” or religious fac- tionalism.36 Secularism, the latter suggested, was a means of differentiating between “democracy” and
“theocracy,” of purifying religion of politics so that it could recenter itself on “godliness.”37
For my purposes here, however,
the affair’s two most indicative uses of the word secular are found in the Legislative Assembly
debates. First, S. Srinivasa Iyengar
urged his fellow legislators to approach 295A “not from the point of view of
pure religion” but via “secular considerations” about “peace and good will.”38 Second, “home member” James Crerar said that
as an
instrument of a “secular government,” 295A should be understood as “securing the rights and enforcing the
obligations of good citizenship and of protecting
society from the consequences which might otherwise ensue.”39 Making much the same point as Gour and Jayakar, but actually using the word secular, Iyengar
and Crerar insisted
that secular govern- ments should
govern speech about religion only when that speech risks provoking violence.
Crerar’s comment further situates this potential violence within a con- ceptual prevarication. He begins by speaking about the “rights”
of citizens, but immediately
shifts to talking about “enforcing the obligations of good citizenship” (emphasis added). In doing so, he also shifts conceptual ter- ritory, moving
from citizenship as formal political status to citizenship as social or moral norm.
In colonial India,
this prevarication was often used to
imply that colonized subjects must become good citizens before
they could be granted real
political rights, with law’s moral or pedagogic project thus positioned as the precondition for its juridical project. When discussing the Indian
Penal Code, such prevarication was perhaps inevitable. A penal code is not
a rights-granting constitution. It can reference the rights of the citizen but,
properly speaking, cannot itself hail citizens, at least not in the formal political sense. It can,
however, define and demarcate the
bad citizen, a potential criminal from whom society must be defended.
It is easy to say, with Punjab governor Malcolm
Hailey that in craft-
ing 295A, lawmakers were trying to
strike a balance between “freedom of discussion” and preservation of “public tranquility.”40 That ease, however, elides the conceptual chasm
between these two phrases, which imply dis- tinct political
rationalities. The first gestures to the rights of the citizen,
the second to the problem of populational violence. It is not that
violence is a minor glitch that can be fully accounted
for from within
the terms of liberal-constitutional
government. Violence indicates a zone of exception, a site where another political rationality becomes visible.
INCULCATING THE PEACE:
PRACTICING TOLERANCE, GOVERNING RELIGION
“Secular considerations” of peace and good will (to recall
Iyengar)—of pro- moting religious tolerance as a norm of good
citizenship—certainly struc- tured conversation at the Legislative Assembly. Its members enacted 295A
hoping the new law
would help to disseminate these norms to the man in the street,
configured as immature
citizen.
In doing so, they intervened in a field of power that was emerging as integral to the anticolonial struggle, at least in its Gandhian iteration. Recall that Gandhi, an early reader of the Rangila Rasul, had refused to even sum- marize the
tract’s contents in his journal Young
India, thus arresting (or so he hoped) the transmission of injurious
affect. Instead, he absorbed injury into his own readerly
body in what could be understood as a practice
of satyagraha (i.e.,
passive resistance or “holding the truth”), taking suffering onto the
self to convert it into moral force (i.e., atmabal). Gandhi, as he wrote
elsewhere, hoped that all religious actors would self-censor in this way,
with the ascetic refusal to inflict injury on others simultaneously a spiri- tual
practice and a means of claiming power away from the colonial state.
Self-censorship precludes state censorship.41 We might describe Gandhi as engaged
in a field of cultural regulation where the repressive function of the state
censor becomes redistributed across a range of interconnected insti- tutional sites.42
If for Gandhi, in his quasi-anarchist mode, this redistribution of law’s repressive
function seemed to promise an unraveling of the totalizing power of the modern state form, its actual effects were more ambivalent. Toler- ance in late
colonial India was a mobile technology for the management of violence,
entangling the state in the everyday comportment of its subjects. It was, in other words, a practice of governmentality.43 It was neither
inher- ently colonial
nor inherently anticolonial. Nor was it inherently Gandhian. Many late colonial voices
urged civil society
to govern itself
in this way. “Moral law” alone
should govern speech about religion, with society, not the state,
fostering a “spirit
of tolerance,” argued
the Calcutta Forward.44 “True liberty” of speech, Muhammad Iqbal
urged in an interview, entails not “license” but “moral self-restraint.”45
To get a further sense for the moral/political structures that emerged from
such refusals of state censorship, we might consider Srinivasa Iyen- gar’s remark at the Legislative Assembly: “I myself
prefer, like my master and the master of better men—Mahatma Gandhi—that there
should be no laws at all punishing anybody
and if it were possible
by adopting the satya- grahic attitude to keep all people in order, that would be an ideal state of things.”46 What appears at first glance
as a failure of Gandhian
politics is perhaps better
read as its ambivalent fulfillment. By underscoring the clear
parallelism between satyagrahic and
legal-secular efforts to maintain public order, Iyengar also indicated the extent to which these were complementary
governmental
practices, pursuing the same end through different means. By this time,
Gandhian practices of massified asceticism had significantly amplified the connective tissue
of governmentality, facilitating the transfer of
techniques for the conduct of conduct between seemingly discrete reg- isters of rule (e.g., swaraj as both personal and national
self-rule). Iyengar, arguably, saw 295A coming to occupy a similar space, annexing the domain
of Gandhian countergovernmentality
to that of colonial-legal governmen- tality. Section 295A would do what satyagraha could not: keep order.
This attempted annexation of tolerance as socio-moral practice
becomes even clearer in a comment
from Hari Singh
Gour, the legal
scholar and assembly
member. Suggesting that the Indian state was “pledged to reli-
gious neutrality” while its people were “firm
believers in religious tolera- tion,”
he seemed to delineate distinct registers of rule, each implicated in the other and both essential to the preservation of the peace.47 Toleration as social practice appears
here as the obverse face of state secularism, a sort
of governmentality-from-below. The two, Gour hoped, would function in tandem. The special committee created to revise
295A were thinking along similar lines when they suggested that “the inculcation of peace is an essen- tial principle of all the great religions
practiced in India.”
Any religion that departs
from this principle is, in fact, not “religion” at all but rather criminal
“fanaticism.”48 In other words, only
peaceful and therefore “great” religions should receive official recognition as
“religion,” with all the protections per- taining
thereto. Here, the tolerance ideal becomes a tool for differentiating between “good”
and “bad” religion, thus working to foster the former and incorporate it into a larger set of
governmental strategies for securing the peace. Rather than a grassroots practice
of folk pluralism, tolerance appears here as a correlate
of state secularism, a mode of religion bearing
the state’s official imprimatur.
Inevitably, of course,
the social life of tolerance as moral norm exceeded
the colonial state’s ability to track or even fully understand it, much less to
somehow annex it. This is a complex and
often unpredictable field of power relations. To get a better sense for its complexity, let us turn to a previously
untold chapter of the Rajpal affair: the story of a lost law that would have
prohibited insults not to “religious feelings” but to “prophets,” as category
of comparative religion.
PROTECTION FOR PROPHETS :
THE STORY OF THE LAW THAT WASN ’ T
In the rise and fall of the law that wasn’t—what I will call (borrowing a phrase from the Lahore Tribune)49 the “Protection for Prophets” law—we can see
popular thinkers working through the implications of a still-emergent Indian secularism, a secularism defined
not by church-state separation but by an ethos of
respect for all religions. This style of secularism opened a new conceptual
horizon: a fully secular blasphemy law. For separation secularists like Hari Singh Gour and M. R. Jayakar, a secular blasphemy law is a
cat- egorical impossibility; blasphemy, as theological offense,
cannot be secular- ized without
ceasing to be blasphemy. For tolerance secularists, however, a blasphemy
law can remain secular as long as it protects all religions equally.
What is more, tolerance secularism can even be said to require a blasphemy
law to enforce the value of religious
respect. Had the “Protection for Proph- ets” law been enacted, it
would have made the Indian government not the defender of the faith but rather of all faiths—a pragmatic impossibility, but not in this instance
a conceptual impossibility.
The story of the lost law began in May 1927, when the Lahore High Court ruled that slander of “the founder
of the Muslim religion” was not prohib- ited under existing sections of the Indian
Penal Code. It was thus to be expected that, in the ensuing outcry, many
voices clamored for a law that would do just that—prohibit “disrespectful criticism of the founders of reli- gious
systems.”50 The question was how such a law might work.
Terminology was a problem here, cuing a quandary
of comparative religion. If the Indian state was to enact
a religiously neutral law, that law needed to be framed around a general category, equally applicable to all religions. But what should that category be? Who, after all, is like the Prophet
Muhammad? To what sacred species does this individual belong?
“Founders” (Justice Singh’s word) seemed
plausible enough but was never entirely satisfactory. Possible synonyms
kept cropping up. Where some civic leaders
demanded a temporary ordinance protecting “prophets,” others spoke about
not just “founders” but also “personalities
held sacred by the different classes of His Majesty’s subjects.”51 Many proponents of such an ordinance were Muslim,
but certainly not all. The Bombay Parsi
scholar G. K. Nariman, for instance,
published an article
in the Muslim Outlook
in mid-July urging
that legal limits be placed on criticism
of all “lives of founders of religion.”52
In late July, this popular
movement found its motto: “Respect
for All Prophets.”
The poet and nationalist leader Sarojini Naidu announced this slogan at a
public meeting, also in Bombay, where she read a poem prais-
ing divinity in religiously eclectic
terms.53 Naidu seems to have devised this slogan
in conversation with Maulana Muhammad Ali, the Khilafatist
editor of the Urdu newspaper Hamdard.54 Shortly before her Bombay
event, Ali declared that India needed
a law “making the insulting
of prophets and saints and such holy men directly
and definitely an offence.”55 A few weeks later, he published
draft language for such a law, crafted in consultation with Delhi
Muslim leaders.56 Numbered 297A, it would have been appended
to the section of the Code concerning desecrations of the dead:
Whoever with the intention of wounding the
feelings of any person or with the knowledge that feelings of any person
are likely to be wounded or that the religion of any person is likely to be insulted thereby, by words either
spoken or written or by signs or by legible representation or oth- erwise, insults
any prophet or saint or any other person regarded
by any class of persons with similar sanctity
or makes or publishes any imputa- tion concerning such a person which
directly or indirectly lowers his character in the estimation of others, shall be punished
with imprison- ment
of either description which may extend to three years, or with fine, or with
both.
While Ali’s law certainly foregrounds wounded feelings, its conceptual
scope is quite different from 295A. In framing this eclectic law, Ali
explained, he drew on sedition, false trademark, and personal defamation laws,
as well as the Code’s
religion sections.
This was not the only “Protection for Prophets” law published that August. Sivasami Iyer, former advocate general of Madras, wrote
another. Concerned that it was not currently an offense in India to “calumniate
the founders of religions or . . . even the gods,”
Iyer proposed a law on the fol- lowing lines:
Whoever by words, signs, or visible
representations intended to be heard, read, or seen, publishes
any remarks of a blasphemous character against any
religion or any reputed incarnation thereof or any prophets, saints, or spiritual leaders revered by a class of persons, with the intention of wounding the religious feelings of any class of people or with the knowl- edge that such attack is likely to wound the feelings of any class of per-
sons, shall be punished with
imprisonment of either description for a term which may extend to two years or with fine or with both.57
Where the Indian Penal Code had tendentiously eliminated the word “blasphemy” (see chapter 4), Iyer’s law
conspicuously features it. It also fea- tures a potentially fraught taxonomic nomenclature. Who
would be pro- tected
by this law? Prophets? Saints?
Spiritual leaders? Whom do these
cat- egories include?
The colonial government must have been aware of these proposals. Its official files contain
newspaper clippings of both, and Ali sent a copy directly to the
viceroy.58 Yet when the
government published its proposal for 295A in August, there was no mention of
sacred persons—presumably at least partly because bureaucrats had
already drafted the law in July. Tired of waiting for the
courts to overturn Rajpal, London’s
India secretary tele- grammed to say
that, regardless of what happened, the viceroy should add a new
section to the penal code making it a crime “with deliberate intention to insult
the religion or the religious feelings of any class of persons.”59 This language was
clearly modeled on Dalip Singh’s and bypassed the “Protection for Prophets” law entirely.
Even as the new 295A headed to Shimla for approval, popular
demand for a “Protection for Prophets” law did not die. In late August,
the Cal- cutta Khilafat Conference (presided over by
Muhammad Ali) asked for a law prohibiting “slanders against Prophets and
Saints.”60 The Anjuman-i- Ahmadiyya proposed amending the official
295A to explicitly protect “sacred personages” and “safeguard the honour of Prophets, Avatars, and Founders of all religions,”
including “Sikh gurus” and “Divinely inspired religious reformers.”61 Some members of the Legislative Assembly joined this public
chorus. One asked that, in 295A, the phrase
“religion or religious beliefs” be replaced with “anyone held in religious esteem or reverence,” clarifying that
“anyone” should be construed as indicating “anyone or anything, including
relics, gods, and goddesses.”62 Another asked that “beliefs” be replaced with “the founder,
prophet, or avatar of such religion.”63 A
third asked that 295A
be rewritten to prohibit insult
to “a Prophet, to an Avatar, to a Guru or the founder of a religion.”64
Proliferating nouns were a problem
here, with critics
pointing to the impracticality of these demands.
“How shall law define who is a prophet?”
demanded
Lajpat Rai’s The People. Would the
government create a “gazette” of their names?
Would this list include avatars,
gods, goddesses, and saints?
“In India, where the number of religions is really beyond cal-
culation, the matter presents a serious
difficulty.”65 In Shimla, Jayakar sar-
castically asked whether the law would treat all
sacred figures equally or whether it would grade punishment based on a figure’s degree of sanctity—
ten years imprisonment for slandering a founder, seven for a prophet,
five for a guru, nine for an avatar,
and so on.66 H. N.
Kunzru wondered how it would handle a figure
like Shivaji who, although neither
saint nor prophet, is looked upon with “feelings
bordering on religious reverence.”67 Where, in short, would protection stop? “We have come down from the Proph- ets to
Shivaji and consequently to Aurangzeb, and I do not see any reason why tomorrow
we should not come down to the two Honorable Members from the Punjab,”
joked the
United Provinces’ T. A. K.
Shervani, eliciting a laugh from his audience.68 If the law were to cover even “modern-day
gurus and saints,” worried Bhubanananda Das,
then “I might offend the Guru of somebody even in this House.” As though to
prove his point, Das then noted how easy it is “to grow a beard like my friends
[i.e., his fellow assembly members] Mr. Acharya or Pandit Nilakantha Das and
pose as a Guru.” Even convicts
earn fortunes this way.69 All
but inviting his esteemed
colleagues to take offense, Das comically underlined the problem with a sacred libel law. It risks catching
too many human social relations in its net. When
Das went on to suggest
that extending legal protection even to minor “godlings” would endanger free
speech, one of his colleagues did interject that the word godlings was offensive to his religious feelings. This parlia- mentary debate can feel like performance art, demonstrating the hazards of legal speech.
Perhaps precisely because
of its obvious impracticality, the “Protec-
tion for Prophets” law provides a useful window
onto the history
of Indian secularism—and indeed secularism as such.
Secularism routinely misrecog- nizes lived religion, thus failing to provide a phenomenologically textured account of religious affect. The
“Protection for Prophets” proposals could be read as attempting to resolve this
constitutive problem—the generality of law’s necessary failure to coincide
with the particularity of life—by writ- ing
religious particularity into law through proliferating lists of particular nouns. Those nouns, however,
failed to resolve the problem. They remained
either too particular or not particular enough. Words like prophet and avatar
might be sites of affective attachment, but they fail to meet the
neutrality requirements of Indian secularism. An ostensibly neutral
phrase like “sacred personalities,” meanwhile, is unlikely to move hearts.
To get a better sense for how these taxonomic
nouns work, we might
sort them into four clusters. There are the comprehensive categories (sacred
personalities, holy
persons), the generalized types (founders, reformers, saints), the
tradition-specific terms (gurus, pirs, avatars), and the named individuals (Krishna,
Jesus, Shivaji, Rammohun
Roy). Notably, English functions here as
the language of the general (and thus the legal secular), with religiously particular terms coming from
other South Asian languages. None of these terms, of course, quite coincides with prophet (itself an En- glish translation that potentially elides
the distinction between
nabi and
rasul).
Secularism rests on such acts of translation, which produce an appear- ance of commensurability between disparate “religious” worlds.70 Transla- tion is always
local, shaped by historical and linguistic circumstance—with late colonial
Hindi, for instance,
situated differently than English. In the
Hindi press we do find routine references to “religious founders” (sampra- daya ke pravartak or dharm-pravartak).71 We also find figures like Rama and Krishna, who never quite fit under an umbrella term other than avatar.72 However,
with its multiple
linguistic registers coded (by the 1920s) around “religion,” Hindi
could mark difference in ways that English could not. Thus, an Abhyudaya article about Naidu’s call to respect
all prophets opens
by reporting her slogan in a Perso-Arabic idiom (sabhi paigambaron ki izzat karo) before shifting into Sanskritized Hindi to explain that she means to protect
“preceptors of all religions [sab dharmon ke acharyom].”
It then rein- serts the word paigambar (prophet/messenger) in brackets, as though to assure
the reader that paigambars
and acharyas, prophets and
preceptors, are indeed equivalent—even while semantically insisting
on their differ- ence.73 The cultural fabric of late colonial Indian secularism was woven out of such
translational minutiae.
THE GOLDEN BRIDGE OF SYMPATH Y:
SAROJINI NAIDU ’ S SECULARIST
AESTHETICS
To get a slightly
different vantage on the work of translation, let us return to Sarojini Naidu, who premiered the “Respect for All Prophets” slogan. Although a well-known poet, orator, and
politician, Naidu is seldom studied as theorist of religion or
secularism. Yet as Gandhi’s right hand (or at least one of them) and, in 1925,
president of the Indian National Congress, she was integral to the Congressite milieu that gave rise to Indian secularism. Congressite secularism was tolerance secularism, defined against the “com-
munal problem.” It was also Naidu’s secularism.
As she wrote in a 1928 letter to Gandhi, “You know that the very core and centre of all my public labour has been—the Hindu-Muslim unity.”74
In the arc of Naidu’s career, the “Respect for All Prophets” movement was at most a minor episode.
Her principal biographers do not mention
it. She was definitely in Bombay in July 1927, sending out
correspondence from her reserved room at the Taj Mahal hotel, where she also hosted a Congress
Working Committee meeting on Hindu-Muslim unity.75 The “Respect for All Prophets” event was,
presumably, just a blip in her busy schedule.
It certainly, however, exemplified her ethos of cosmopolitan national-
ism—her sense that, to achieve
unity in diversity, India would have to push past the space of the nation to think at the level of the globe.76 In a 1903 lecture, Naidu had
defined the “national” against the “sectarian” to stress the cosmopolitan basis of a still-emergent India.
One should not take pride in being “a Madrassee,” “a Brahmin,” or “a Hindu,” she pleaded, but in
being an Indian—a synthetic identity that subsumes these
fissiparous parts. She herself had broken free of sectarian attachment through
that most cosmo- politan of activities: travel.
“Having enlarged my love, having
widened my sympathies, having
come into contact with different races, different com- munities, different
religions.
I have no prejudice of race, creed,
caste, or
colour.”77 Naidu’s cosmopolitan
nationalism was an affective or sentimental project. The idea
of India, as she said in a 1917 lecture, was a “golden bridge of sympathy”
connecting Hindus and Muslims.78 Defined against several kinds of sectarianism (region, caste, religion,
race) but arguably
taking religion as the most paradigmatic (whence the word
“sectarian”), Naidu’s India, one might say, was a kind of interreligious feeling.
Constructing this golden
bridge of sympathy
required both affective and aesthetic labor. It also presumed
the relative autonomy
of the inner domain of sentiment, spirituality, and literature—which, as an internation- ally acclaimed
poet, Naidu knew well. Indeed, Naidu was perhaps uniquely adept at
traversing the line between inner and outer, feminine and mascu-
line, tradition and modernity, with her “feminine” literary accomplishments
the springboard for her political career.79
Naidu’s secularist aesthetics, developed in her poetry, thus organized her
secularist politics, forming a kind of conceptual or sensible
infrastructure for her vision of the nation.80 Tellingly, her proposal for a law mandating “Respect for All Prophets” was accompanied by her reading
a poem “of homage to divinity
known by different names in principal religions.”81 The “Protection for Prophets” law would
translate poem into policy.
There is no record of which exact poem Naidu
recited that July. Per-
haps it was “The Call to Evening
Prayer,” which describes Muslims, Chris- tians, Parsis, and Hindus praying in unison. Perhaps it was “Awake!,” which describes children from the same four religions kneeling before Mother India to make offerings.82 Both poems signal
the promise and the pitfalls of Indian tolerance
secularism. With their list of four religions (Hinduism, Islam, Christianity,
Zoroastrianism)—presumably meant to gesture synec- dochally to a larger catalogue
of faiths—the poems would seem to reify religious difference as the precondition of inclusivist tolerance. The poems also conceal
the exclusions that go into the construction of any such reli- gious roster.83 Here, Hinduism joins hands with its major late colonial rivals, Islam and
Christianity, as well as the politically unthreatening minority reli- gion of
Zoroastrianism. Absent are other “Indic” religions like Buddhism, Jainism, and Sikhism—implicitly allowing Hinduism to stand in for and subsume its “cousin”
religions, defining the space of the Indic against a trio
of “imported” theisms.
What is more, Hinduism is not simply one of the religious particulari- ties joined together
by India as secular nation.
It is the aesthetic idiom of
that joining. The Mother India
before whom our diverse children
kneel certainly seems like a Hindu goddess. The “evening prayer”
is, despite its Islamic moniker, ultimately addressed to Narayana. This
basic pattern recurs throughout Naidu’s
poetry and oratory.
She imagines India as a “temple,” extols
the absorptive capacity
of “Vedic culture,” and (in a letter
to Jawaharlal Nehru)
uses a Puranic metaphor to describe the search for Hindu-Muslim unity:
“Let us go on churning the ocean till we do evolve some supreme gift of Harmony.”84 It
does not follow that she was intention- ally advancing some kind of
Hindu agenda. Indeed, she tried sporadically to break away from Hindu
metaphors—most vividly perhaps in a lecture where she described the Indian nation drinking a patriotic elixir from a golden communion chalice emblazoned on four sides by lotus, crescent, fire, and cross.85 She also often
attributed her secularist ethos to her home city of
Hyderabad, which had “solved, without
any consciousness that it has done
so, the greatest problem that all our political reformers are trying to solve,
i.e., the question of Hindu-Muslim unity.”86 In one of her poems, she imag- ined national brotherhood emerging from offerings made not to Mother India, but to the Hyderabadi Nizam.87 Still, her reliance
on Hindu metaphor is recurrent and
indicative. Naidu once, in 1911, described Hinduism as “the most exquisitely poetic and artistic religion in the world.”88 To the extent that she conflated the Hindu with the aesthetic and both with the produc-
tion of “sympathy” as secularist feeling, Naidu
was articulating an internally contradictory politics in which the very
doubleness of the Hindu (as both religious particularity and generalized
cultural substrate) worked to rein- scribe
Hinduism’s hegemonic centrality.
All secularisms, of course, remain
imprinted with religion. Just as US and French secularisms remain symbiotic
with Christianity, so did 1920s Congressite
secularism remain symbiotic with Hinduism, or at least a ver-
sion thereof. We might further specify Naidu’s
Hinduism, at least, as the anglophone Hinduism of “guru English.”89 As a girl, Naidu spoke Hindu- stani with her parents (who spoke Bengali with each other) and Telugu with the servants.
When asked to learn English,
she at first refused. After her
father punished her for this refusal by locking her in her room, she decided
to embrace the language. By her late teens, she was studying in London and
Cambridge and meeting the literary tastemakers who would launch her into her
poetic career—a “Nightingale of India” crowned in England.90 Late colonial English
was a key medium for translating between
South Asian religions, thus producing a particular kind of
cosmopolitan ethos. This ethos emerged partly
through the experiments in religious
eclecti- cism pioneered by nineteenth-century movements like the
Brahmo Samaj and Theosophical Society.91 Naidu had links to both. Née Chattopadhyay,
she was born to a Bengali Brahmo family in Hyderabad; both her parents knew Keshub Chunder Sen, and she married Mr. Naidu in a Brahmo tem- ple alongside a bridesmaid
whose name is recorded simply as “Mrs. Ram Mohan Roy.”92 The theosophist Annie Besant, meanwhile, had accompanied the sixteen-year-old Sarojini on her first trip to Britain, with the two women
maintaining sporadic
correspondence thereafter.93
Naidu’s pluralist aesthetic surely owed something to these connections, or at least occupied
a related cultural
space. It certainly
relied on English
as medium of interreligious commensuration. It was via English
translation, after all, that Naidu was able to produce the effect that—as she put it in a 1911 letter
comparing the Bhagavad Gita to the Sermon on the Mount— “teachers of all
religions have taught the same.”94 When, a few years later, she suggested that
Islam and Hinduism “worship the same transcendent spirit,” calling it “Allah” and “Parameshwar” respectively, she used
English to triangulate between
Arabic and Sanskrit.95 In this quintessentially Indian secular translational tactic, secular-cosmopolitan
English sutures together classical languages that it thereby
positions as sectarian
and particularistic,
subordinate to the anglophone secular. The “Protection for Prophets” law made much the same move. It just had a harder
task. It is relatively easy to
assert the equivalence of abstract terms like Allah and
Parameshwar. Things get trickier when it comes to
prophets—concrete and indelibly particular beings.
Naidu’s poetry and lectures, it bears stressing, were not just an articula- tion of tolerance secularism. They were a practice of
tolerance secularism, taking aesthetics as a means
of organizing the body and its perceptions. Exhorting her
audiences to set aside sectarian prejudice by conceiving the divine in translated terms,
Naidu was exerting
a kind of verbal force— directing India’s
fractious religions toward tolerance and unity, in sympa-
thy with more statist secularist projects.
Adding a “Protection for Prophets” section to the Indian Penal Code would have formalized this connection by writing the ethos of interreligious respect
into law, converting a cultural norm into a
legal one. In this, the lost law perhaps anticipated the forma- tion of Indian secularism that emerged in the 1940s to shape the early post-
colonial
period.
CONCLUSION: FEELINGS, HIGH AND LOW
We might take Naidu’s “golden
bridge of sympathy”
between Hin- dus and Muslim as a paradigmatic practice of what I have described as governmentality-from-below (which is to say, practices for the regulation
of conduct that happen from within society). The “Protection for Prophets”
law would have built a different kind of bridge,
one between low and high, society and state. Or, more
precisely—and letting the reified abstractions of “state” and “society” dissipate into concrete networks of governance— between the pedagogic secularism of a document like
the Indian Penal Code and the various pedagogic practices developed from within
the late colonial cultural domain.
That bridge crumbled, partly because no one could
figure out how stabilize the translational infrastructure beneath it. So
instead of writing “sympathy” or “respect” into law, the colonial state
opted for “out- rage.” In doing so, it created
a different kind of bridge—one that invited the colonized to inhabit outrage as legally actionable feeling.
BLASPHEMY’S EMPIRE
what kind
of offense
is described
by Section 295A of the Indian Penal Code? What does this late colonial
law tell us about the history of secu- larism? Part I of this book posed these questions from within the 1920s,
hovering over the controversy that prompted the creation of 295A. Part II jumps back in time a century to pursue that section’s prehistory. Section 295A was
a twentieth-century law built of nineteenth-century parts
dating to between roughly 1835, when Thomas Macaulay first drafted
the Code, and 1898, when Section 153A and its class enmity were added to
it.
Where part I noted the oddity of the public
feeling described (and thus,
in some sense, created) by 295A
and observed how certain species
of affect resist translation into law’s official lexicon,
part II develops a fuller theoreti- cal framework for understanding this affective gap. Rather
than imposing theory from above,
it tries to theorize immanent
to its historical archive (in much
the same way that part I theorized the 1920s public), sometimes overtly and
sometimes more implicitly—with theory on mute, carried and developed by historical narrative.
My history of the Indian
Penal Code’s regulation of religious sentiment between the 1830s and 1890s
runs as follows. Chapter 4 constructs a trans- colonial legal and intellectual history for the Code’s 1830s reinvention of blasphemy as affective crime. Thinking
with and against Benthamite “pain” and Burkean
“prejudice,” I suggest that secular law purges itself of sentiment in the same movement
that it purges itself of local particularity. Or, at least, it tries to. In practice, it ends up creating new species of feeling, abstract and bureaucratic rather than rooted
in traditional (in a Burkean sense)
life-
78 part II
worlds. This work of abstraction is, moreover, not just about legal policy;
it is also a practice of the self, a work of affective
asceticism.
To see this asceticism clearly,
we need to flip abstraction on its head, returning legal
codes to the feeling bodies
that are their
ground and condi- tion of being. Toward that end, chapter 5
trades the “public” archive of moral philosophy for a “private”
archive of family feeling, exploring
the intimate life of “Tom”
Macaulay as hyperemotional transcolonial subject. The
tonal transition from chapter 4 to chapter 5 might seem abrupt or
idiosyncratic. Precisely for that reason, it is a key moment
in the conceptual arc traced
by Slandering the Sacred. If
the gendered organization of social life into public and private
spheres was the prior condition
of political secularism, how might we rewire
this long-nineteenth-century conceptual artifact to see secularism more
clearly? Chapter 5 ponders that question by asking how Macaulay invested paper
(lawbooks, letters, literature) with affective and at times erotic energy,
displacing his incestuous love of his sisters onto his library.
Chapter 6 continues
this meditation by asking how the legal concept
of libel has functioned as a site where the disarticulation of religion and politics (i.e., blasphemous vs. seditious libel)
is closely imbricated with the disarticulation of public and private
(as through obscenity or personal defamation
law). Sketching a rough history
of libel law between the seven-
teenth and nineteenth centuries, the chapter suggests
that old conceptual confusions resurfaced as colonial bureaucrats added new
word crimes to the Indian Penal Code between 1870 and
1898. These confusions appeared once again during the 1927 Rajpal affair.
Part II closes
in the thick of that con-
troversy, with the Lahore press recounting how a man on the witness stand experienced “ungovernable” emotion around an insult to the dead—in this case, not the
Prophet Muhammad, but rather the man’s father, former British prime minister
William Gladstone. This closing scene both echoes the wounded readers of part I
and anticipates the core thematic of part III: slanderous polemic as a mode of ethics, a tool for governing self and others.
It came
with the Calcutta mail.
The penal code on John Stuart Mill’s desk had been commissioned by his employer, the East India Company, four years earlier. Now, in 1837,
it was his job to approve the final draft.
Deeming it “eminently
successful,” Mill also noted that a single author’s literary style was “distinctly visible” throughout.1 Although the law commission appointed to
draft a new criminal law for India had five members, four got sick soon after work began—so sick that, as commission
president Thomas Babington Macaulay complained in an 1836
letter, “it seems likely that I may have to do the whole myself.”2 Apparently, he did.
We have already encountered Macaulay advocating an “enlightened and paternal despotism” for India during an
1833 speech before the House of Commons. It is now time to follow him in the
rest of that argument, made during debates over the renewal of the East India
Company charter. Des- potism is desirable, Macaulay
argued, because it can confer
blessings that a “free government” cannot—chief among
them a legal “code.”3
Macaulay’s speech helped persuade Parliament to
require the Company to appoint a commission to reform its legal system;
James Mill then nomi- nated Macaulay
for the handsomely paid post of commission president. He would be a fresh face from Britain—someone “thoroughly versed in the philosophy of man
and government” but sufficiently ignorant of India to enact radical
reforms despite the inevitable grumbling of Calcutta’s old India hands.4 India, Mill wrote, would become “the first country
on earth to boast
of a
system of law and judicature as near perfection as the circumstances of the people will admit.”5 (Whether it desired such perfection was irrelevant.)
The self-assured Macaulay took the job, leaving
London in early 1834 to write
his perfect “code.”
In the 1830s, that word would have had a specific set of connotations. Since the 1750s, a codification
movement had been building in continental Europe, culminating in such documents as the Napoleonic Code (1804) and Edward Livingston’s System of Penal Law for the State of Louisiana (1826), both of which
Macaulay cited as influences.6 Although these codes circu-
lated widely—Livingston’s, for instance,
was adopted in Guatemala in 1835— they tended not to circulate in Britain, where
lawmakers felt they reeked of French revolution.7 It took a Francophile philosopher like Jeremy Bentham to promote “codification” on the English
side of the Channel. He coined the word
in 1817. To Bentham, English
common law seemed
a tangled cobweb of senseless custom. He wanted to replace it with a rationally coherent
and internally consistent body of law—an “all-comprehensive Code” or
“pan- nomium.”8 When the British
legal establishment snubbed
his proposals, he and his allies—notably James and John Stuart Mill—turned to the colo- nies. In the late 1820s,
Bentham mailed a copy of his Panopticon writings to Rammohun Roy in Calcutta, dreaming of a model prison
in Bengal.9 In the
mid-1830s, James Mill sent a human parcel
(Macaulay) to the same colonial metropolis. Macaulay continued
to correspond with Mill until the latter’s 1836 death, after which John Stuart
assumed his father’s post.
In a late-life letter, Bentham (who died in 1832) imagined himself becom- ing India’s “dead
legislative hand.” Macaulay seemed poised to make this macabre dream a reality.
Indeed, the Macaulay Code boasts several conspic- uously Benthamite features: its spare language, its division into numbered
chapters and paragraphs, even its status as “the work of a single hand.”10 It is, however, perhaps not quite as Benthamite as its author liked to claim:
much of its substance seems have been drawn verbatim from
contemporary En- glish criminal law.11 When Macaulay insisted that his opus was not “a digest of any existing legal system,” he was, it seems, self-mythologizing—casting himself in the
heroically masculinist role of philosopher-lawgiver.12
Still, it is a trademark
Benthamite move that concerns me here. Bentham scorned conventional legal
terminology (e.g., treason, tort, libel), arguing that law should be based
instead on a priori categories
arrived at through philosophic reason. He thus packed his writing with
technical terms that, to his contemporaries, seemed like needless
theoretic jargon. Macaulay avoided Bentham’s neologisms. Yet he too tried to substitute “natural”
con- cepts for conventional common-law ones.
Thus, for example, where common law spoke of “blasphemy,” Macaulay
spoke of “offenses relating to religion.” Blasphemy, he thus implied, was
an antiquated and accidental concept. It needed fixing. He would replace it with a natural,
universal, and a priori
concept: religion. To the twenty-first- century scholar, this will
read like the punchline to a joke. The concept of religion, we now know, is very much the historically contingent product of a provincially North Atlantic, and thence imperial,
history. It is every bit as
accidental as blasphemy.
Working with this concept at a relatively late phase in its consolidation, Macaulay seems
to have taken
“religion” as self-evident. He was thus able
to
cast himself as what we would now call a secularizer, subtracting religion
from English law—or,
at least, subtracting Christianity, still “parcel”
of the laws of England (as
Justice Hale had proclaimed one hundred fifty years earlier). India presented an opportunity. Macaulay
could use the colony to create
a properly secular
law, a law that stood benevolently above religious
difference in a managerial role.
That difference would
be concretized in the
species of affect that Macaulay dubbed “religious feelings.”
In this chapter, I situate those feelings in their native historical
milieu, the 1830s. Tacking between Calcutta and London (twin cities of empire), I ask how a newly emergent
formation of secularism arose through the contrapuntal interplay
of colony and metropole. Macaulay
first articulated his reconceived blasphemy law in London while
debating the place
of Jews and other religious
minorities within Anglican Britain—a debate that took empire as its constitutive frame. In proposing a means of regulating reli- gious difference via the regulation of affect,
Macaulay also channeled a set of philosophic debates
that had been raging for decades. What is it for a body to feel pain in relation
to tradition? How should the state manage
the distribution of pain and pleasure? Can human bodies’ propensity for feeling
be reconditioned, and if so, at what cost?
COMPANY SECULARISM IN THE AGE OF REFORM
Macaulay arrived in
Calcutta at a very particular moment in the history of what could be called Company secularism. Founded in 1600, the East India
Company had long cultivated religious neutrality in its territories, imple- menting policies that
echoed the Atlantic-world secularist experiments of the seventeenth and eighteenth centuries.13 By 1800, this Company secular- ism had come to be defined
by internal tensions,
forming a sort of three-
legged stool. The first leg was the principle
of religious neutrality: the Com- pany was in India to make money, not save
souls. The second, paradoxically, was the official patronage of Hindu
and Muslim religious institutions that the Company had inherited from monarchs it displaced. The third was the
need to placate Britain’s Protestant public, which disapproved of patron- izing “heathens,” demanded funds for the Anglican church,
and insisted that Protestant missionaries of all stripes
be granted full access to Company
territories. Yanked in different directions,
the Company stool wobbled, con- sistently
tipping toward whichever leg had just received the firmest tug.14
The pull of Protestant Indophobia got stronger in the 1820s
and ’30s as it
joined with a perhaps unexpected ally: godless utilitarians and other reformist liberals. In 1828, the reform-minded William
Bentinck became Bengal’s new governor-general. That same year, he emblematically banned the Hindu practice of “suttee” or widow-burning (thus
positioning Indian women as the “ground” for
culture wars waged between British and Indian men, to recall Lata Mani).15 This reformist moment lasted until roughly 1835, when Bentinck’s term ended, and coincided with a related
moment in Brit- ain
centered on such legislation as the Catholic Emancipation Act (1829), the Reform
Act (1832), and the Slavery Abolition Act (1833). This was Macaulay’s moment.
He joined Bentinck’s government in 1834, when reformist senti-
ment was at its peak, and returned to Britain in 1838 as it waned.
Reform was a highly plastic term, appealing simultaneously to the ratio- nalizing impulses
of the radical Enlightenment, the moralizing imperatives of Protestant
evangelicalism, and the civilizing mission of empire. It certainly aligned
with the dictates of “liberalism,” a Spanish-language neologism of the 1810s
that emerged from the Iberian-Atlantic colonial revolutions and then migrated
into English, via French, in the 1820s (it was later retrojected onto
early modern political thinkers, refigured as exponents of “classical lib- eralism”).16 When scholars accuse liberalism of ideological complicity with empire, 1830s Calcutta
is the paradigm case.17 Its
liberal reformers sought to
replace venerable Indian tradition with a modernity manufactured in Brit- ain. To reform was to anglicize. It was also, often, to protestantize.
Anglicizing reformers pitted themselves against
an earlier generation of Indophilic Orientalists and, with
them, an earlier formation of Company secularism. In the 1770s,
Governor-General Warren Hastings had hired a team of Orientalist scholars
to produce digests
of “Gentoo” (i.e.,
Hindu) and “Muhammadan” (i.e., Islamic) law so that the Company-state could govern its subjects according to their own customs. The
resulting tomes cast a long shadow over subsequent history, giving rise to new bodies of “Anglo-
Hindu” and “Anglo-Muhammadan” jurisprudence that were distinct
from and less flexible than their precolonial predecessors, shaped from
within by the regularizing impulses of the modern state. Some of Hastings’s
Ori- entalists dubbed their tomes “codes,”
thus suggesting a continuity with the
eighteenth-century codification movement. These codes were soon fitted,
however, to the norms and procedures of English common law—with, for instance,
the principle of stare decisis (i.e.,
precedent) establishing itself by the 1810s in ways that seem to have further
reduced legal flexibility.18
Reformist liberals disdained this Orientalist
apparatus. James Mill, in his History of British India (1817), derided
William Jones’s Institutes of Hindu
Law (1796) as “a disorderly compilation of loose,
vague, stupid, or unintel- ligible
quotations and maxims.”19 Macaulay was just as dismissive, disparag- ing Company
patronage of traditional institutions as “not law, but a kind of rude and capricious equity.”20 Such contempt for all things Indian was racist, to be sure.
It also distilled a core theoretic puzzle of North
Atlan- tic modernity: the problem of tradition. Mill’s Jones, as
Javed Majeed has suggestively argued, both was and was not an Indian figure; at
times, he seems to function as a proxy for famed conservative Edmund Burke, who
eloquently defended tradition in his widely read critique of the French revo- lution.21 For these reformers, India and France
functioned as conceptually contiguous
or even overlapping territories—the transcolonial terrain
of Enlightenment modernity.
The puzzle of tradition was particularly acute
when it came to common law, which revered its traditional inheritance. Indeed, Mill’s mockery of Jones echoes Bentham’s earlier
dismissal of William
Blackstone’s authorita- tive Commentaries on the Laws of England
(1765–70), which, according to Bentham, was nothing
but a “vast bundle of inconsistencies.”22 In
the 1760s, the teenaged
Bentham had attended
the Oxford lectures
of “everything-as- it-should-be Blackstone” and came to revile the older man’s Panglossian conservatism. His “lawyercraft,” quipped Bentham, was like “priestcraft.”23 Lawyers love unwritten law “for the same
reason that the Egyptian priest loved hieroglyphics, for the same reason that the priests
of all religions have loved their peculiar dogmas and
mysteries”: it insulates them from criticism and preserves their power,
reputation, and fortune.24 Speaking in the shared anticlerical idiom
of Reformation and Enlightenment, Bentham hoped to “pluck the mask of mystery
from the face of Jurisprudence.”25
This was probably a bad reading of Blackstone, who had also been a “sci- entifical” systematizer,
trying to organize English common law in a single text to put it on par with Roman civil law (Bentham was of Blackstone’s party
without knowing
it).26 Bentham’s critique
does, however, help highlight the implicit cultural logic of the codification movement: it was simultaneously
an Enlightenment project and an extension of
Protestantism’s “theology of the book.”27 This was hardly a secret. One of Bentham’s acquaintances described his codification-mania as a sort of “legal
Protestantism,” distilling the fundaments of law into one quasi-biblical tome.28 Bentham also glee- fully described
himself as a legal “Luther,”29 a law-giving Moses pointing to a promised
land he would never see.30
PERSONAL LAW, PUBLIC FEELINGS
The
secular/Protestant Macaulay Code did not replace Anglo-Hindu and
Anglo-Muhammadan law. It did, however, facilitate a series of structural
changes that permanently altered their status. While these changes were linked to Macaulay’s use of the category “religion” (of which, more below),
they were more obviously linked to shifts in a concept equally integral to
nineteenth-century secularisms: “the public.” The story of the Indian
Penal Code is also the story of how Hindu and Muslim personal law
became semi- coextensive with family law, and thus also with a certain
formation of the private.
By the mid-twentieth century, personal law had become functionally
equivalent to family or private
law across much of the world.31 In the 1830s, that was not yet the case.
Personal law hewed
closer to its original (and still technically
correct) meaning of nonterritorial law attaching to mobile persons—a law of peoples,
not places. German
legal theorist Friedrich Carl von Savigny (translated into English in the
1820s) proffered “national law” as a plausible
synonym.32 In the early nineteenth century,
the competing prin- ciple of lex loci was
on the rise, establishing the territorially bound nation- state as the structuring feature of most jurisprudence worldwide and erod- ing earlier modes of legal pluralism.33 It would eventually displace the law of peoples.
The Indian Penal
Code contributed to this shift
from peoples to ter- ritories. It was
expressly territorial law, applying to anyone charged with committing a crime “in some part of British India” regardless of “nation, rank, caste, or creed.”34 While that language
comes from the 1860 version
of the Code, Macaulay too had promoted territoriality as legal
principle—to considerable controversy. When, in 1836, he proposed putting Britons and
Indians under
the jurisdiction of the same provincial courts,
white Calcutta erupted against
what they dubbed the “Black Act,” arguing
that it violated their “constitutional rights.” Where white
bodies went, English common law followed; Britons in India were not even
Company subjects. Macaulay (who, for all his well-attested racism,
advocated formal legal equality) sighed that
reformers had been branded “enemies of freedom because we would not suffer a
small white aristocracy to domineer over millions.”35
Personal law, one could say, was a religio-racial formation. It inhered in bodies, not territory. It still does. During the middle
decades of the nineteenth century, however, its scope was narrowed in such a way that the
division between “religious” personal law and “secular” criminal and procedural law gradually came to be coded as a division
between “private” and “public.”
From the moment of their inception, Anglo-Hindu and Anglo- Muhammadan
law had been diminishing in scope. In the 1770s and ’80s, Orientalists quietly omitted ritual rules (i.e., “religion,” or one formation of it) from their legal compendia, seeing
them as irrelevant to Company governance.36 After the 1830s, when the Company stopped
using Persian in its courtrooms (under pressure from anglicizing reformers), it also stopped using Islamicate
criminal and procedural law, a constriction later consoli-
dated by the enactment of the Indian
Penal Code (1860)
and Code of Crimi-
nal Procedure (1882).
Henceforth, Islamic law would be limited to domestic
or private matters,
as Hindu law had been for some time.37 Rather than a law of
mobile persons, personal law was now a means of regulating religious difference
within a given national territory, with the family (i.e., marriage, adoption, and inheritance) the privileged site for the articulation of such difference. Personal law still hailed religio-racial subjects. Those subjects were now rendered,
however, via a new, historically specific formation of property, gender, and
the biopolitical reproduction of the population.
This gender politics was also a language politics. The late eighteenth- century Company-state had lavished funds on Arabic, Persian, and San- skrit until, around the 1830s, its Orientalist enthusiasms were curbed by advocates of English as legal and administrative language.
The subsequent anglicization
of law was perhaps always uneven (Parsi lawyers, for instance, partially deanglicized colonial
law by adapting it to their own ends).38 Still, legal English
did work in significant ways to rhetorically demarcate the
boundaries of the colonial public.
As though to signal this fact, the Indian Penal Code uses the word public frequently, referencing public servants, public
justice, public tran- quility, public health, and public nuisance,
and organizing its
chapters on a
descending
scale of publicity, from offenses against the state to those against private
individuals. Offenses against “the public” (including around religion) occupy a
“middle place” between these poles.39 The term is central enough to the
Code’s conceptual structure that someone felt the need to add it to the
glossary of the 1860 version,
clarifying that the “word ‘public’
includes any class of the public or any community” (a definition that unhelpfully defines the word in terms
of itself and then equates
it to its sometime antonym, the particularity of community).40 Translators then had to decide
how to render
this English-specific concept in South Asian vernaculars (which, in the
nineteenth century, had yet to settle on a fixed translation: pablik, zahir, ‘awam, sarvasadharan,
and sarvajanik were all circulating as possibilities).41 The 1861 Hindi translation of the Code
opted for sarvasambandhi,
that which is “connected to all.”42 Postcolonial translations have tended to
opt for lok, “the people.”
The bifurcation of public and personal law worked to
structure religious affect in historically determinate ways. Personal law
became enmeshed with the inner sphere of domesticity, spirituality, and sentiment, perhaps accru- ing some of that sphere’s affective charge. Criminal and procedural law, by
contrast, would seem voided of sentiment, taking culture and religion as
external objects of technocratic governance. And yet, perhaps inevitably, they
too became sites for the articulation of feeling. In a constitutive irony, the Macaulay
Code, in its very effort
to extricate itself
from religion and the
private realm of sentiment, ended up enshrining “religious feelings” into public law.
Its use of the word religion acquires salience
from within this linguis- tic and affective
structure. Religion’s function here, moreover,
was arguably new. Eighteenth-century Orientalists had used the term.
But it was not, for them, an organizing
concept in the same way it was for Macaulay. They orga-
nized law (to risk stating the obvious)
around the terms “Gentoo/Hindu” and
“Muhammadan.” As Nathaniel Halhed succinctly
explained in his Code of Gentoo Laws (1776), it was only “by a
proper Attention to each Religion, [that] Justice might take place impartially, according
to the Tenets of every Sect.”43 In attending to the “each,” then, law would allow “Religion” itself to slip into the background, an enabling condition
of legal thought
but not the direct object of that thought. The Macaulay Code inverted
this conceptual order. In it, Hinduism and Islam are mere “illustrations” of a larger
genus, with “religion” (or, more precisely, “religious feelings”) the
object of legal governance. Hinduism and Islam were thus subsumed within a new
or at least different kind of legal-administrative logic—a formation of
colonial
secularism built
around religion as generalized category, articulating an equally generalized form of legal affect.
RELIGIOUS FEELINGS IN THE MACAULAY CODE
While some
eighteenth-century Orientalist tomes did include rules about “scandalous and bitter expressions,” regulation of religious injury was not their primary purpose.44 For a penal
secularism that saw religion primarily as a source of potential
violence, by contrast, the regulation of injury was paramount.
Before we get into specifics, a note of clarification is in order.
Most read- ers
familiar with the Code will know its revised 1860 version, not the 1837 draft.
For the sake of clarity, I therefore refer to sections by the 1860 num- bering system, which is simpler than Macaulay’s. The
basic conceptual map of offenses remains largely the same, at least in
the religion chapter: defil- ing
sacred objects or places of worship (Section 295), disturbing religious
assemblies (296), trespassing on burial places (297), and uttering offensive
words or making offensive gestures (298). Two offenses were cut prior to 1860:
coercion through threats of divine displeasure (moved to the chap- ter on criminal intimidation) and intentionally causing
loss of caste, as by secretly mixing beef broth into a brahman’s
food.45 The result was a concep- tual
streamlining, a foregrounding of what had even in 1837 been the Code’s primary concern—religious offense.
The Code conceptualized such offense in subjectivist terms. It worried
about harms to human feelings—about things “held sacred” by groups of persons, not sacred things as such. Three of the
four religion sections explic- itly indicate that the harm in a given action consists in
wounded feelings. That the fourth (296) does
not mention feelings would seem to indicate why feelings matter
in the first place. Disrupting a religious assembly
is a crime because it risks crowd violence.
It might also harm feelings,
but such harm is—one infers from the fact that it is not mentioned—redundant. Religious feelings are a proxy for violence. They threaten a breach of the peace.
Macaulay is quite
clear on this point. “There
is perhaps no country”
but India, he explained in an appendix,
“in which the Government has so much to
apprehend from religious excitement among the people.” This would seem a
racializing claim, implying that Indians are uniquely emo- tional. It is also a claim structured around populational anxiety. In India,
fretted Macaulay, a minuscule “Christian” minority (i.e., white; he is not thinking about Indian
Christians) governs “millions of Mahomedans” and “tens of millions of Hindoos. Such a state of things is pregnant with dan-
gers.”46
Danger’s midwife, apparently, is religious insult,
a speech form that
risks populational mayhem. There is rhetorical sleight of hand here: white
Britons were not just potential victims of violence but regular perpetrators of
it, as Macaulay well knew.47 Precisely because of such occlusions, how- ever, this passage clearly distills a core logic
of the British colonial state. The phrase “religious feelings” indicates
a sort of numericized affect,
gesturing to endemic populational violence with the potential to morph into mass
violence against the colonial state.
Macaulay’s approach to these numericized feelings is perhaps
most evi-
dent in Section 298, which stipulates prison for “whoever,
with the deliber- ate
intention of wounding the religious feelings of any person, utters any word or
makes any sound in the hearing of that person, or makes any gesture in the
sight of that person, or places an object in the sight of that person.”48 This is the closest the Macaulay Code comes
to a blasphemy law. Notably, for all its semiotic thoroughness, its list of
ways to insult religion does not mention writing—likely a classist oversight,
as discussed below.
Macaulay explained that he had designed 298 to “allow all fair latitude to religious
discussion” while preventing “intentional insults to what is held sacred by others.” No one, he said, can be justified in deliberately “wound- ing the religious
feelings of his neighbors.” Much the same held true
for the chapter as a whole. It was based on the “true principles of toleration” that all governments should follow, “but from which the
British Govern- ment
in India cannot depart from without risking
the dissolution of society.
It is this, that every man should be suffered
to profess his own religion,
and that no man should be suffered to insult the religion of another.”49 Crucially, these
twinned principles of toleration paraphrase a speech Macaulay had delivered in
Parliament a few years earlier, in 1833: “Every man ought to be at liberty to
discuss the evidences of religion; but no man ought to be at liberty to force
on the unwilling ears and eyes of others sounds and sights which must cause annoyance and irritation.” The government should
only punish “nuisance” speech
acts that cause
“pain and disgust”
and “outrage our feelings” by
“obtruding” one person’s views on another.50
Rejoining these twinned texts, we might say that Macaulay’s first prin- ciple of
toleration delineates a necessary liberty or right. The latter delineates a crime.
The gap between
them articulates a version of what I have been describing as the disjuncture between high or liberal-constitutional and low
or governmental secularism. Macaulay’s “liberty to discuss” invokes the lib- eral ideal of the deliberative public.
His “liberty to force” (duly disallowed)
implies a different political grammar,
justifying the capillary
governance of social life in order to defend
society from dissolution.
Straddling these dual principles, Macaulay
eased the gap between them by
invoking empire’s civilizing mission. Empire would educate India away
from force and toward discussion, readying it for rights. Shortly before
start- ing work on the Code, Macaulay penned his now-infamous
treatise on colo- nial
pedagogy, the “Minute on Education” (1835). There, he proposed that English
literature be used to create “a class of persons Indian in blood and colour, but English in taste, in opinions, in morals, and in intellect.”51 His Code, he
hoped, would serve a similarly pedagogic function, training pas- sive Indians to be as “bold and high-spirited” as the
English.52 It would do more
than just enforce rules, in other words. It would shape subjects—like
literature, an instrument of disciplinary or governmental power.
As Asad Ali Ahmed has argued, the “legal subject posited by the Code is an autonomous liberal subject tempered
by Indian prejudices, sensitivities, and particularities.”53 That is, the Code hailed colonized Indians
into two subject positions at once. They were asked to be autonomous liberal subjects
(the aspirational subjects
of liberal-constitutional rights),
as well as subjects of local custom or prejudice (the present objects
of colonial pedagogy). The Code sutured these positions together by invoking the
temporal narrative of the civilizing process.
It would be a mistake to take Macaulay at his word when he implied that this English-language penal
code was somehow
pristinely English, a docu- ment imposed on India from a position of pure
exteriority. Macaulay’s legal reforms were always already
implicated in empire as determining structure. To see
how, we need to travel from 1830s Calcutta to the London of a decade earlier.
BLASPHEMY ON TRIAL
In the 1820s, everybody was talking about blasphemy, or so John Stuart Mill later recalled.54 Richard Carlile, a Fleet Street publisher, had in 1819 been convicted of the crime for marketing
cheap reprints of Thomas Paine’s
Age of Reason (1794) to working-class radicals. (His distribution of a banned radical journal, The Black Dwarf, and close involvement with the political
rally ending in the 1819 Peterloo Massacre further antagonized
authorities.) While Richard was in prison,
his wife Jane took over the press, followed by his sister Mary Ann. They too were
jailed for their troubles. The resulting scandal lasted
into 1825.55
John Stuart, still a teenager during these years, authored a series of
news- paper articles about the Carliles,
calling for “unlimited toleration” of con- troversial religious speech.56 His father had similar
views. “Discussion must have its course,” he argued in an 1825 essay, especially when it comes to religion, for to “part with the power” of choosing one’s
“religious opinions” is to “part with every power.”57 Bentham,
their close family friend, went so
far
as to write Richard Carlile in prison, offering legal advice—and a copy of his
Fragment on Government.58 He also borrowed Carlile’s name, listing
the jailed man as the publisher of his pseudonymous Analysis of the Influence of Natural Religion on the Temporal Happiness of Mankind (1822).
In the Macaulay household, by contrast, dissension prevailed. Zach- ary Macaulay, the prominent evangelical and abolitionist, not only blamed Carlile for the Peterloo Massacre,
but also belonged to the Society for the Suppression of Vice that had initiated
legal proceedings against the jailed publisher.59 Thomas, a student at Cambridge, felt
differently. Although in letters home, he assured his parents that he had not joined any “democrati- cal societies” or been seduced by what his mother Selina
called the “Sons of Anarchy,” he had in fact fallen
in with campus
Benthamites, notably Charles Austin.60 His student fiction,
framed around biblical
and Greco- Roman
themes, meditated on contemporary concerns: massacre, sacrilege, father-son conflict.61 Macaulay
stood with Carlile.
Even in the late 1820s, as
his support for Benthamism wavered, his views on blasphemy held firm. When he
entered politics in the 1830s, he distanced himself publicly from Carlile’s “infidel attacks.”62 At dinner parties,
however, he still defended the arch-blasphemer of his youth—and
with him, the right to free speech about
religion.63
As a young parliamentarian, Macaulay made his name speaking on what Karl Marx, writing a decade later (and in the shadow of British reforms), would call “the Jewish question,” and it was in this context that he made his most explicitly programmatic statement about
blasphemy law.64 It thus
bears thinking with him, at some length,
about the pressing
question of the day. What was the status of religious
minorities within a British empire that was beginning to rethink the Protestant identity
that had defined
it for more than a century?65 Should Jews, Catholics, and Protestant
Dissenters (i.e., non-Anglicans) be permitted to hold public
office? To sit on juries?
To
attend Oxford and Cambridge? Catholics had been “emancipated” in 1829.
Almost immediately, there
were calls for a similar
removal of civil
disabili- ties on Jews. These efforts failed,
at least in the short term: Jewish disabili- ties were not lifted until 1858. Nonetheless, the Jewish question
emerged in these years as a theoretically productive site for
rethinking the nation under conditions of empire.66 Suggestively, the 1833 East India Company
charter document states that,
in the colony, there will be “no disability for office . . . in respect of religion, colour, etc.”67 The colony, once again, succeeded where the metropole failed.
Even in Britain, empire was the horizon of thought against which this new
formation of secularism was defined. It is remarkable just how often members of Parliament referred
to the colonies while pondering
British Jews. Sometimes they used colonial analogies to reinforce
anti-Semitic tropes, arguing for disabilities: if admitted to
Parliament, Jews would buy their seats like eighteenth-century nabobs.68 At other times,
they argued against
disabilities by placing the ambivalent trope of Jewish cosmopoli-
tanism in an imperial frame:
with their “universal language,” emancipated
Jews would “spread the story
of British liberality in the remotest
corners of the globe.”69 The fundamental question
facing Parliament was whether, by extending full rights to Jews as an
“alien” community, it would then have to extend the same set of rights to “all British subjects,” whether born “in Quebec,
Jamaica, Calcutta, or Bombay.”70 Would Parliament have to open its doors to “Turks,
and to members of every other religion”?71 To the extent that these comments conflate
race and religion
as axes of minority identity, they point to the larger
entanglement of the two within empire’s civiliza- tional assemblage.72
Britishness had long been, and in some ways remained, a religio-racial identity. As that identity shifted, so too
did ideas about race, religion, and empire, a frame that breached
the gendered “domestic” space of the nation.
“If the Jews have not felt towards England
like children,” opined Macaulay, figuring the nation as a family,
“it is because she has treated them like a stepmother.”73 He would welcome
minorities with warmer
arms—but still not, perhaps,
make them fully
English. There is, as Gauri
Viswanathan has argued,
a striking parallel between Macaulay’s framing of religious minority in
Britain and his slightly later writings about India. Indian subjects of En- glish literary education could mimic Englishness (taste,
opinions, morals, intellect), but they remained racialized as Indian (blood,
color). Like reli- gious minorities in Britain, their difference was both effaced
and retained— with these transcolonial minorities becoming, in Viswanathan’s
formula,
“non-Jewish Jews,”
“non-Catholic Catholics,” “non-Hindu Hindus,” and “non-Muslim
Muslims.”74 Here as elsewhere, secularism emerges as a
means of preserving and managing minority difference.75
Blasphemy would be a key site for articulating this revised national iden- tity. As Macaulay put the matter in an 1833 House of Commons
speech, “It has been said that
it would be monstrous to see a Jew judge try a man for blasphemy. In my opinion
it is monstrous to see any judge try a man for blasphemy under the
present law.”76 Already in an 1831 essay, Macaulay had rejected
the notion that English law was “essentially Christian.”77 Now he was
working through the implications of that rejection. His rhetorical flour- ishes do the conceptual work. The “Jew judge” appears
monstrous insofar as he is a category error, a religious body out of place in a
Christian court. Macaulay inverts this monstrosity. For him, it is the
Christian court that is the category error.
This is the speech where Macaulay first expressed the “true principles of toleration” around which he later constructed the Indian Penal Code’s religion chapter. In the 1820s and ’30s,
the very concept of blasphemy had been on
trial in Britain. Macaulay found it guilty. It would serve its sentence overseas in the colonies,
coming home reformed.
PRINT, BLASPHEM Y, AND THE BOURGEOIS BODY
If blasphemy
law was a site for negotiating race, religion, and empire, it was also a site for negotiating class. In nineteenth-century Britain, blas- phemy was a classed
crime, most often invoked against
working-class radi- cal tracts.78 Hardly a subtext,
class was very much on the surface
of events. As the prosecution argued
in the 1822 Carlile trial,
Christianity teaches “deference” and acceptance of suffering to the “lower and
illiterate classes.” Should the court fail to “protect” them
from Carlile’s radicalism, “the con- sequences are too frightful to be contemplated.” A book like Paine’s Age
of Reason might be appropriate reading for “the rich, the informed, and the powerful”
(i.e., the gentlemen of the jury), but imagine the horror of it getting into
the hands of “offspring and domestics.”79 (Carlile, for his part, remained defiant:
“I tell Jehovah to his face that I will worship no other
God but the Printing-press!”)80 This paranoid argument
now reads like some kind of
Marxist fever-dream about opiate Christianity. It is true that Paine had explicitly linked the religious “revolution” attempted by The Age
of Reason to the American and French political
revolutions.81 Still, doubling
down on paternalistic rhetoric was perhaps not the most strategic move for class elites.
Macaulay absorbed his era’s class predilections. As we have seen, Section 298 omits writing from its otherwise lengthy list of ways to insult religion—a serious
limitation in an era when print was the paradigmatic medium of offense. Why this omission?
Macaulay did not explicitly say. His rhetorical illustrations, however,
are telling. A man, he said in 1833, should be allowed
to sell Paine’s Age of Reason “in a back-shop to those who choose to buy,” just as he should be allowed
to deliver “a Deistical lecture
in a private room to those who choose to listen.”
He should not be permitted to exhibit a “hid- eous caricature” of a religious figure in a window facing a major thoroughfare
like London’s Strand,
nor should he be permitted
to stand in a public place
while shouting “opprobrious epithets” about a religious entity.82 Say what you like in the private spaces of the bourgeois public, that is, but be
careful what you do in the demotic street. Commodified print objects are safe. Rough orality and crude visuality
are not. These classed distinctions set up a glar- ing blind spot: penny-press tracts like the Carliles’ that were circulated (and probably read) not in shops or private rooms but in teeming thoroughfares. Channeling this cluster of class anxieties, Macaulay elaborated his dis-
tinction between good and bad speech with vividly somatic
metaphors. For a man to force
words on unwilling listeners and then say he was “exercis-
ing his right of discussion” would be like setting up
a yard for butchering horses next to a private
residence and insisting
one has a right to property.
Alternately, it would be like running “naked up and down the public
streets” and insisting on one’s “right to locomotion.”83 A naked body brushes against buttoned-up
gentlemen on a crowded sidewalk. Horse blood seeps under a fence. These
illustrations suggest a grotesque blurring of bodily bound- aries,
securing the physical limits of the self-possessed bourgeois subject, whose very flesh is a form of property akin to a
private residence. Macaulay mistrusted spaces where such buffers do not prevail. He also mistrusted
speech that, disgustingly and dangerously, connects bodies.
The questions of consent that Macaulay raises are important ones, and it is not my intention to intervene in normative debates
about the desirabil- ity of certain kinds of speech. Rather, I am interested in
how any possible framing of such questions necessarily implies some theory
of what it means for a subject to give consent,
and thus some theory of the subject.
Speaking in very broad
terms, we might
say that Macaulay’s subject is the possessive
subject of bourgeois
liberalism.84 Liberals have often distinguished between
persuasion and coercion, deliberation and demagoguery, indicating speech either conducive to or destructive of democracy. Macaulay’s version of this dichotomy (discussion vs. insult)
unfolds from a prior set of assumptions about
the relationship of speech to bodies. Good speech works on the mind, presenting the evidences of religion. Bad speech works
on the flesh, irritat- ing eyes and ears to
produce visceral pain and disgust.
This classed theory of speech traveled with Macaulay
to India. He seems to have imagined
colonized Indians as analogous to the English
poor. Both were, in
effect, wards of the bourgeois state. He also, however, reserved space for the
emergence of a bourgeois Indian public—or at least that is one way to interpret
his omission of printed blasphemies from the Indian Penal Code. It made room for the “public mind of India” to “expand”
under British influ- ence, as he put it in his 1833 speech on the Company charter.85
A MACHINERY OF THE PEACE: SECULARISM AND VIOLENCE
In both
India and Britain, the excitability of religious bodies was linked to the question
of population, with the very idea of number forcing
into view the apparent incompatibility of liberal-constitutional and
governmental secularisms. Consider the comment of
Macaulay’s colleague James Mackin- tosh, who in 1830 counseled
Parliament to ignore population when deciding whether to grant Jews the same rights it had recently
granted Catholics. True, seven million Catholics
could disrupt the peace in a way that forty thousand Jews could not. “The House
must, however, shut out the consid- eration of numbers, whether of thousands or millions,” as “justice” is no “respecter of multitudes; her rules must be observed
towards individuals, and in forming them numbers formed no element.”86 Mackintosh’s maxim— that
justice is no respecter of multitudes—would seem as succinct a distil- lation of a liberal-constitutional logic as could be
desired. It vests rights in individuals, separating justice
from technical decisions about the propensi- ties of populations.
At times, Macaulay thought like Mackintosh. In 1830, for instance, he insisted
that British Jews had a “moral right”
to full participation in Parlia- ment and, in an 1831 Edinburgh Review
essay, that the right to access public office was akin to the fundamental rights to property
and self-defense.87 More often, however, he thought by number. This was especially true around
blasphemy. In his 1833 Jewish disabilities speech, Macaulay elaborated the hypothetical case of the “Jew judge” by saying that if
he himself were a judge in Malta, Britain’s
majority-Catholic Mediterranean colony,
he would pun- ish a
Protestant who burned an effigy of the pope; if he were a judge in India, he would punish a Christian who polluted a mosque.88 These examples are of small religious minorities outraging the sentiments of larger religious
groups. Refracting minority through empire, Macaulay suggested that a
judge best adjudicates blasphemy by becoming a respecter of multitudes, making an empirical assessment of a population’s capacity for serious
vio- lence. It is insofar
as blasphemy is approached as a technical-administrative problem, inhering
in populations, that the minority judge can be a neutral arbiter of it.
This rendering of
governance as a set of technical procedures defined by external ends was
central to Macaulay’s philosophy of secularism. In one essay, he jibed that the idea of “essentially Protestant government” is as non- sensical
as that of “essentially Protestant cookery, or essentially Christian
horsemanship.” These are absurd because cookery and horsemanship are so obviously technical skills, for which religious commitment is irrelevant. Religion has “very much to do with a man’s fitness
to be a bishop or a rabbi” but “no
more to do with his fitness to be a magistrate, a legislator, or a minister
of finance, than with his fitness to be a cobbler.”89 Care of souls is just one economically differentiated activity among others.
Though its aims might be of highest importance, it
does not therefore follow that it should pervade all other activities. Food is
more important than art, but this does not mean piano
makers should become
bakers. The result,
as Macaulay put it
in another essay, would be “much worse music and much worse bread.”90 Government, then, is an end-directed
technical skill like any other. It exists “for the purpose
of keeping the peace, for the purpose
of compelling us to settle our disputes by arbitration instead of settling them by blows. . . .
This is the only
operation for which the machinery of government is pecu-
liarly adapted.”91 The state is a machinery for keeping the
peace. It should govern religion only insofar as religion threatens violence.
THE PAIN IS REAL
To govern properly, therefore, the state must dispense with the problem of religious truth—irrelevant in this technocratic context. For, as Macau-
lay argued in his
Code, “the religion may be false but the pain which such insults give to the professors of that religion is real.”92
Pain. That most Benthamite of words, the very root of utilitarian gov- ernance. “Nature has placed mankind under the governance of
two sover- eign masters,
pain and pleasure,” Bentham explained in 1789. To “abjure their empire”
is futile. “They
govern us in all we do, in all we say, in all we think: every effort we can make to throw off our subjection, will serve but to demonstrate
and confirm it.”93 With these words, Bentham announced the
dawn of a new political age or, at least, a new political rationality. No lon- ger could monarchs pretend that the state served them.
It and they served a higher master. “The end of law is to augment happiness,”
and it was the state’s job to devise new techniques for achieving the greatest happiness
of the greatest
number.94
Utilitarian pain was populational pain, an aggregable
affect. It conjoined statistics and psychology, attending to the
needs of all and each to articu- late what Bentham intended
to be a more modern and rational
basis for the exercise
of power.95 He had no patience for the juridico-legal concep- tual
apparatus of liberal constitutionalism; the transcendentalizing notion of human
rights seemed, to him, like “nonsense upon stilts.”96 He wanted instead to bring government down
to earth, rooting it in the body and its sensations. Such a
project of governance would necessarily unfold at several distinct but intersecting sites or registers, from the arteries
of state to the
capillaries of individual comportment. The ethical utilitarian would read
each of his actions through the population, performing a routine “felicific
calculus”: Will this action produce pleasure or pain? At what intensity, for what duration, in how many persons? “Passion
calculates,” as Bentham put it, in a droll distillation of utilitarianism’s founding paradox.97
When Bentham first came up with the idea of utilitarianism—allegedly,
in a dream—he described himself, with
characteristic irony, as the “founder of a sect.”98 He was proposing a revolution in religious as much as political
thought. Religion, in his view, was founded on a “principle of asceticism” that
is the precise “inverse” of the “principle of utility.”99 It asks people to “immolate” their
happiness on the altar of the transcendent, with God little more than a symbol for maximizing pain in a perverse negation
of life
itself.100
In Bentham’s radically
materialist ontology, then, pain is “real” in a pre- cise sense.
Like pleasure, it is a perceptible entity that can be studied through the philosophical techniques of what Bentham called “somatology.” Not so
with most human desires and passions, which are, in Bentham’s technical
sense of the term,
“fictitious”—shaped by linguistic convention and ulti-
mately reducible to pleasure and pain.101 To demonstrate this point, Bentham constructed a complete “table of the springs of action,” a taxonomy of affect
that sorts the passions according to their motives under subject headings
loaded with technical neologisms (e.g., “dyslogistic” feelings).102
Bentham wrote about blasphemy at least three times in his sprawling and largely
unpublished oeuvre. In the “Essay
on the Influence of Time and Place in Matters
of Legislation” (1782, first published in French transla- tion in 1802), he reduced blasphemy to a “simple
mental injury,” potentially severe, that a Hindu, Muslim, Catholic, Jew, or
Protestant would experience upon encountering words or images that
contemn a sacred object.103 In an undated fragment about “Offences
against Religion,” he mocked the idea that Christianity is parcel of English
law by quipping that if anyone actu- ally took this dictum seriously, they would demand
morally spotless execu- tioners
and willingly surrender their belongings to thieves.104 Finally, in a published 1821 letter to the Spanish
Count of Toreno about Iberian-Atlantic
penal codes, Bentham proposed punishing “exhibitions” that foist “uneasi- ness of a religious account” on persons who cannot
avoid them (sardoni- cally
clarifying that the Almighty requires no such emotional protection). He then said he would apply
punishment to no discourses, no matter how revolting, confined to writing,
printed books, and private conferences that one enters by “free choice.” The
problem is sights and sounds inflicted on the “promiscuous multitude,” as in a road, market, or church.105
That last formulation is virtually identical to Macaulay’s 1833 comment on
blasphemy. Macaulay would also seem to have been performing a version of the
felicific calculus as he weighed different types of speech, permitting only those pains accompanied by some form of “compensating good.” Discussion of the “evidences” of religion compensates for pain through
its tendency to “elicit truth.” Insult has “no such tendency.” It just inflames
“fanaticism.”106
I do not want to overstate Bentham’s influence on Macaulay, who is prob- ably best understood as a tactical
Benthamite. After his university dalliance with philosophic
radicals, he broke with utilitarianism by publishing a series of
essays against James Mill, to which Mill publicly responded. The two later reconciled, aided by Macaulay’s vocal enthusiasm for Mill’s notoriously rac- ist History of British India (“the greatest
historical work which has appeared in our language since that of Gibbon”), leading Mill to nominate Macau- lay as law commissioner.107 In Calcutta, Macaulay told the Mills what
they wanted to hear. His reforms, he wrote in 1836, would ingratiate him with
the “Benthamites at home” and “make Old Bentham jump in his grave.”108
Not only was Macaulay at best a tactical Benthamite, but he also almost
certainly got Bentham wrong. (So did the Mills.) As Jennifer Pitts has argued,
Bentham was a staunch critic of colonialism whose “dead legislative hand” remark was caked with trademark
weirdness. In 1836, moreover, the deceased philosopher was not actually in a grave:
his mummified corpse or
“Auto-Icon” was staying at the home of his friend Thomas Southwood Smith (who later
transferred it to University College).109 Bentham
was alluding to the Auto-Icon when he made his crack about becoming British India’s “dead legislative
hand”: “Twenty years after I am dead, I shall be despot, sitting in my chair with Dapple in my hand.”110 Dapple was his walking stick.
His corpse still holds it (see figure 4).
It is hard to reconcile
the gleeful grotesquerie of the Auto-Icon
with the self-serious moralizing of Macaulay and the Mills. This 1832 art object is an imperial text of a kind: Bentham’s severed head was mummified according to what was understood to be a Maori process (the result was so disturb- ing that taxidermists made him a wax head instead). It can
also be read as a performative inversion
of its textual twin, the dead hand of the Indian
Penal Code. Where the Code sought to govern embodied
religious feel- ings, the Auto-Icon parodies religion to void
the body of affect. Bentham said that the spectacle of his taxidermized corpse was meant to encour- age more people to donate their bodies to science (thus slowing a recent
spate of Frankenstein-style
medical school grave robberies), but that ratio- nale hardly seems to exhaust the Benthamite symbolism
of a body that cannot feel pleasure and pain and is open,
forever, to the panoptic gaze of unknown
others—comically inverting the panopticon’s all-seeing but unseen quasi-divine prison guard.111 The Auto-Icon also upends the sacred
gaze elicited by religious icons. Its very name poses a sort of semiotic
riddle: how can a body function
as a likeness (icon) of itself (auto)?
To venture an answer, we might think with Bentham’s
younger contemporary Lud- wig Feuerbach, whose Essence of Christianity
(1841) described religion as a process of self-alienation, a dialectic projection
of human ideals onto an imagined divine Other. The Auto-Icon pulls that divine
likeness back into the ipseity of the self-representing body—but not therefore
the sensuous plenitude of life. Refusing to be immolated
on the altar of the transcendent,
this body, in its
persistent somaticity, its monstrous rebirth,
articulates a Benthamite formation of the secular
with perverse clarity.
It is philosophic performance art, a body so rationalized that it has entirely lost its ability to feel—thus perhaps confirming the longstanding worries of utilitarian- ism’s
critics.
figure 4. The Auto-Icon of Jeremy Bentham, circa 1985. © UCL
Educational Media 2021, all rights reserved.
PAIN AND PREJUDICE
Utilitarianism’s calculating passions come at a cost, as Bentham
knew. The truths of moral science,
he wrote, do not flourish
“in the same soil with sentiment.”112 One reason for this difficulty is soil itself,
or, rather, terri- tory. Although
the body’s capacity
for pleasure and pain is “much the same
the world over,” its “corporeal sensibility” is shaped
by historical and geo-
graphic circumstances, including “government, religion, and manners.”113 Bentham’s most extensive elaboration of
these themes is in the “Essay on the Influence of Time and Place in Matters of Legislation,” which considers
the concrete case of how English law should be adapted to Bengal. It poses
a question about what we might now call culture
(a late nineteenth-century concept).114 Bentham called it “custom,” “national character,” “national man- ners,” and—to take the concept that will
concern me here—“prejudice.”
Cautioning the legislator against imposing his own provincial customs on
foreign soil, Bentham noted that a people “will sit easy under the yoke of their own prejudices; but they will not sit easy under the prejudices of another people.” Government should not “shock” those
prejudices with “unnecessary violations.” If a high-ranking Hindu
refuses to appear in court, just make him cover the expense of being examined
at home.115 A
nearly identical formulation appears in Macaulay’s 1833 speech on
the Company charter. “We propose no rash innovation; we wish to give no shock
to the prejudices of any of our subjects.” He urged the Company to “assimilate”
Indians customs without “wounding those
feelings” deriving from religion, nation, and caste.116 Here, “shocked prejudices” and “wounded
feelings” would appear synonymous.
This usage of prejudice
was common in the early
nineteenth century. We now think of prejudice mostly as a feeling harbored toward that which a person is “determined to hate” (to quote Jane Austin’s 1813 novel Pride and Prejudice, itself an intervention into the theory of sentiments).117 Histori- cally, it has also indicated various forms of
preconceived opinion, some- times shading into what could be called culture or tradition. In the late eighteenth and early nineteenth centuries, prejudice
seems to have indi- cated something
like tradition’s emotional
nimbus. This was true in British
India, where Halhed’s Code of Gentoo Laws noted that one should not pass judgment on Hindu customs,
as they align
with the “consciences of the people” and are “in conformity to their prejudices.”118 It was also true in blasphemy-obsessed
Britain. “No good man will wound the prejudices of his fellow-creatures”
needlessly or wantonly, argued a Unitarian minister in 1817, unless “pride and
passion” overtake him.119 In the 1830s, the Jew- ish question
was sometimes framed
via this notion
of prejudice. Removing Jewish disabilities, argued a Tory member
of Parliament, would
“run some risk of affronting
the religious feelings of the people of this country. These feelings might be
called prejudices, but they were honest prejudices,” and, as such, should be respected.120 You can feel the MP talking his way around
the negatively charged sense of prejudice here,
using the adjective honest to justify anti-Semitism.
Probably the
most celebrated parliamentarian to use prejudice
in this
broad sense, indicating the precritical habitation of the subject,
was Edmund Burke. His Reflections
on the Revolution in France
(1790) rushed to the defense of such “untaught feelings.” Rather
than “casting away all our old prejudices” like Enlightenment-crazed French
revolutionaries, he argued, we should
“cherish them because they are prejudices.” They emerge organically over untold ages and thus express the
“latent wisdom” of the past. Precisely because they are prior to judgment, they
orient humans in the present like little else can. “Prejudice renders a man’s virtue his habit.”121 Simultaneously the arch-theorist of British
conservatism and an important early critic of empire, Burke anchored both his
conservatism and his anti- colonialism in veneration of tradition, as Uday
Singh Mehta has shown.122
With Mehta, let us take “Burke” and “Bentham” not just as individual
thinkers but also as ideal types—conceptual poles in an unresolved debate about colonial modernity’s
relationship to tradition. Bentham aspired “to soar above the mists of
prejudice.”123 Burke condemned such reformers as “men of
no place,” their ideas “stripped of every relation, in all the nakedness and
solitude of metaphysical abstraction.”124 Burke liked his ideas clothed in locality.
He also liked sentiment, decrying the philosophic radicals for having “banished
the affections” and left nothing in their place but “cold hearts”
and “mechanic philosophy.” While observing the French revolution,
he took comfort
in the fact that the British had “not yet been completely embowelled of our
natural entrails” and “inbred sentiments” like “stuffed birds in a museum.” Fortunately for him, he died decades before
Bentham’s stuffed corpse went on display.125
Utilitarianism’s mathematicized feelings, a Burkean might say, are phe- nomenologically thin, at a constitutive remove from lived
experience. It is not that utilitarianism has no means of accounting for
culture. Bentham’s essay on “Place and Time,” after all, considered how best to
accommodate prejudice. Later, in 1843, John Stuart Mill even proposed a new
discipline of “ethology” (a “science of the formation of character”)
to study how history and geography shape subjectivity.126 Still, if passion calculates, then calcula- tion risks
eroding the passions.
John Stuart learned this the hard way. Subjected to an unusually rigor- ous educational regimen by his father and Bentham (Greek at
three, Latin at eight), his boyhood turned him into a “reasoning machine,” or so he later
recalled in his Autobiography. He was especially skilled at manipulating the “principle of association” behind sentimental attachments, training himself to
experience pleasure in activities that promoted general happiness and pain in those that did not. Philosophy, for him, functioned as a “dissolv- ing force” on “prejudice.” This proved
dangerous. In 1826, Mill sank into a deep depression,
realizing that his emotional calculus had been “a per- petual worm at the root both of the passions
and of the virtues.” It took
an emotional encounter
with Romantic
poetry—with place and literary convention—to restore him to health.127 Mill’s microhistorical
melancholy distills a broader cultural conflict. Raised on the Benthamite
manipulation of pain, he later came around to a Burkean
acceptance of untaught feeling. Six years older than Mill, Macaulay also veered
between Burke and Ben- tham. He thought that Burke
had been “the slave of feelings,” letting “rea- son” cede too much ground to
“zeal” in his criticisms of Indian Governor- General Warren Hastings.128 At the same time, he
mistrusted utilitarian abstraction—jibing, of James
Mill’s essay on government, that “it would not appear that the author was aware
that any governments actually existed.”129 Macaulay knew
that sentiment
and locality
were irreducible
to human experience. He also knew they were potentially useful.
In public, Macaulay remained a respectable Anglican.
In private, he was, like the Benthamites, a skeptic or agonistic (a word not coined until 1869;
Macaulay invented his own neologism,
“acatalepsy” or “incomprehensibility”).130 To explain the discrepancy, he liked to
quote Edward Gibbon: “The various modes of worship which prevailed in the Roman
world, were all considered by the people as equally true; by the
philosopher, as equally false; and by the magis- trate, as equally useful.” This attitude, said Gibbon, was
the key to antiquity’s “spirit of
toleration.”131 Adapting Gibbon’s
“spirit of toleration” to a new form of empire, Macaulay was ever the magistrate. He instrumentalized religion
for the ends of
power.
He also sought pragmatic middle ground between “Bentham” and “Burke,”
those ideal types, as suggested by his oft-quoted epigrammatic advice
for colonial lawmakers (its tripartite structure perhaps echoing Gibbon
but more likely Augustine: “In necessary things unity; in doubtful things
liberty; in all things charity”): “Uniformity where you can have it, diversity
where you must have it; but in all cases certainty.”132 Uniformity: the domain of the legal
philosopher. Diversity: the social heterogeneity of tradition and prejudice, which must be accommodated. Certainty: the
legal- bureaucratic procedure whereby
the relationship between
law and society, philosophy and tradition, is
fixed and regularized.
CONCLUSION: “ RELIGION” AS ABSTRACT FEELING
The “world is governed by associations,” wrote Macaulay in an 1837 letter— with an echo (presumably accidental) of Mill’s 1826 depression, brought
on by overmanipulating the “principle of association” connecting affect
to its objects.133 One could take Macaulay’s comment
as a maxim on government more generally, applicable to
the Indian Penal Code’s “religious feelings.” This secular-legal document sought to govern religious affect in the colony
(and thence eventually the metropole). It
was itself governed, however, by a series of interlocking
associations—overdetermined by the entangled trans- colonial histories
of legal codification; Protestant book culture; the regula-
tion of religious
and especially Jewish difference; an intermittent disavowal of number
as valid rubric
for ruling religion; the related figuring
of gov- ernment as a technical machinery for keeping
the peace; utilitarian pain management; celebrations of organic tradition; the
shifting contours of the public; and transcolonial
formations of race, class, gender, and sexuality. The reformulation of blasphemy
law unfolded along all these axes at once.
I want to close this chapter’s discussion of codified “religious feelings”
by using Bentham and Burke (those inadvertent affect theorists) to revisit a question
posed above: What kind of structure of legal feeling
did the dis- cursive object religion
imply in the 1830s? If the Code pulled away from
Anglo-Hindu and Anglo-Muhammadan personal law, eventually becoming the “public” counterpart to personal law’s
“private” or intimate sphere, it did this partly via the concept of religion,
which subsumed the particular- ity of Hinduism and
Islam into a more abstract category. This conceptual shift would seem to imply a structure of feeling. Personal
law was created, precisely, to accommodate prejudice or untaught
feeling. It aligned with Burke and the veneration of tradition—changing tradition
in the process, to be sure,
but still working
to provide a viably traditionalist habitation for the subject. The Macaulay Code, by contrast,
aligned with Bentham, soaring above time and place in an ethereal
zone of pure philosophy. By educating
Indians, it would bring social fact (Burkean prejudice) into closer alignment with legal norm (Benthamite
abstraction). Where personal law worked to reorganize religious affect from
within by administering the particulari- ties of
social life, Macaulayan criminal law sought to extricate itself from sentiment,
taking religious lifeworlds as an external object of
governance. The concept of religion was its lever for doing so.
And yet, despite
itself, the Macaulay Code became
a site
of sentiment.
People now routinely speak
its language in expressing their
wounded reli-
gious feelings. They have, in effect, invested the
modern anglophone con- cept of religion with intense
affectivity. Perhaps association got the better of philosophy in the end,
infusing even the most abstract of concepts with prejudicial attachment. Nor is
this surprising. The philosophic lawmaker tried to soar above
time and place.
Necessarily, however, his feet remained firmly on the ground.
EPILOGUE: MACAULAY’ S LEGAL AFTERLIVES
Macaulay,
a subject reshaped in Calcutta, went on to shape Victorian Brit- ain’s sense of itself. He wrote his bestselling History of England—the Whig history that
defined the nation for at least a generation—in the shadow of his Indian
experience.134 His England was, in some sense, born in India. Meanwhile, in
India, his penal code stalled. After Macaulay submitted the 1837 draft, his
opus was shelved for a quarter century. It was not enacted until 1860, after
the 1857 uprisings and the subsequent elimination of the Company, becoming
law in 1862.
Why the delay? By 1837, reformist fervor was on the wane. James Mill and Bentham
were dead, Bentinck was gone, and even Macaulay was packing his
bags. When they saw the new Code, Calcutta’s old India hands grumbled as predicted
and buried it under judicial
comment.135 By 1841, it seemed like
the Macaulay Code might “for any practical purpose” be locked in the Tower
of London.136 Law commissioners came and went. In 1850, John Drinkwater Bethune proposed
a more conservative penal code. In 1853, Barnes Pea- cock started
drafting a Code of Criminal Procedure, but soon realized he first needed to resolve
the ambiguous state of substantive criminal law. He dusted
off Macaulay’s draft,
revised it lightly,
and put it forward for enact-
ment.137 In 1854, Macaulay
wrote his sister
Hannah to say that “I cannot but be pleased to find that, at last, the
Code on which I bestowed the labor of two of the best years of my life has had justice done to it.”138 He died in 1859, one year too early
to see it passed.
PROLOGUE: A LETTER TO A FRIEND
“Dear ellis,” it begins. “the
last month has been the most painful that I ever
went through. Indeed, I never knew before what it was to be miser- able.”1 Thomas Babington Macaulay
had been in Calcutta for just over four
months when he wrote these words in February 1835. Days earlier, he had penned his “Minute on Education.” Soon he would
start work on his Indian Penal Code.
The Macaulay who features in histories of modern India
is, for the most
part, the Macaulay
of these public
documents. Yet the “Minute” and the
Code are, in their way, intimate texts. They are designed to discipline bod- ies, training
“tastes” and “morals”
(as in the “Minute”) and regulating such private matters as “unnatural” sexuality and visceral
responses to religious insult (as in the
Code’s Sections 377 and 298). Asserting a right to rule India’s emotions,
these documents also disallow a reciprocal intimacy. As public writing, they imply an author who is himself
beyond sentiment, the dispas- sionate governor of other people’s feelings.
It thus becomes tempting to ask a slightly mischievous question: what
about the emotional life of Thomas Macaulay? To pose this question is not just to move Macaulay
from high to low, asking how his affective body remained an object of governance. It is also to follow the lead of scholarship in critical secular studies
that shows how secularism emerged symbioti- cally with the modern public/private distinction.2 To get critical
distance on the secular, we need to reimagine that distinction, creatively cross-wiring
private and public.
Toward such a project, one may as well begin with Macaulay’s letters—here to his closest friend, Thomas Flower Ellis,
residing in
Bloomsbury.
This particular letter records a loss. “Early in January, letters from En-
gland brought me news of the death of my youngest sister. What she was to me no words can express.” A lifelong celibate, Macaulay was strongly attached to his two
youngest sisters, Hannah and Margaret. His recent biog-
raphers are blunt in their assessment: this
was incestuous desire, probably unconsummated.3 Quasi-romantic bonds between siblings were common in early
nineteenth-century Britain. Even in historical context, however, this attachment was extreme. In a December 1834 letter, “Tom” (as his family called him) confessed to Margaret that to
love her as he did was “to make war on nature.”4 Weeks later, he discovered she was dead. Words could not
express his love or his loss. Was this banal sentimentalism or unspeak- able taboo?
Wordlessness undid Macaulay. “Even now, when time has begun to do
its healing office,
I cannot write
about her without
being altogether un- manned.” In public, Macaulay
was a paragon of manly
self-rule, an ambas- sador of imperial masculinity whose Indian Penal
Code was meant
“to rouse and encourage
a manly spirit” of self-assertion in passive colonial subjects.5 Imperial
ideology often invoked
gender, with the “natural” hier- archy of masculinity and femininity seeming
to justify the racial hierarchies of empire. It is because “the
Bengalee is feeble even to effeminacy,” wrote Macaulay, that he is “fitted by habit for a foreign yoke.”6 A closely related set of
gendered tropes structured political imaginaries within Britain, where
liberalism’s ideal of the autonomous individual was encapsulated in the figure
of the “independent man,” a gentleman of means whose property secured both his public
position and his intimate authority over household dependents.7
The feminized sphere
of bourgeois domesticity presented a constitu- tive risk for the male subjects who traversed
its borders. Independent men required intimate bonds, but those bonds
threatened their independence. Tom certainly saw domesticity as risky terrain.
He once, in a letter
to Han- nah, wrote dismissively of his East India Company
colleague Charles Grant for missing
his son. Grant,
he said, had “a mind that cannot
stand alone. It is—begging your pardon for my want of gallantry—a feminine mind. It turns,
like ivy, to some support. This is a great weakness in a public
man.”8 Tom too was like ivy. He clung to his sisters. One winter’s evening, while regaling them with tales of his triumphs
in Parliament, he described
his condition as
one of “sweet bondage.” “I wish you two . . . would hang yourselves,” Margaret
remembered him saying,
“because then I should
be the most independent man in the world.” His sisters looked
at him in shocked silence.9
This was the early 1830s, when the struggle to abolish slavery in the Brit- ish empire
was reaching its crescendo—a political context with acute rele-
vance for Macaulay
family life, shaped from its inception by the abolitionist fervor of our trio’s father, Zachary.
In this family, the political
resonance of Tom’s “sweet bondage” would have been all too clear. His bourgeois white male subjectivity was locked
in sentimental chains.
The irony is that, with- out them, he unraveled. This subject’s self-possessed masculinity was predi- cated on a prior dispossession, a
production of self via intimate others. As a secondary state, acquired over and
against a primary dependence, inde- pendence was a project of self-making at perpetual risk of being undone—
hence the anxious need to reaffirm it.10 Sweet bondage was the condition
of possibility for “Tom,” the intimate man, and thus also for
“Macaulay,” the public one.
Tom knew only one tool for restoring
his manhood: literature. It is a “blessing,” he wrote Ellis,
to “love books
as I love them.” A long digression on the Greek classics
consumes the rest of the letter, ferrying
it toward a socially acceptable closing and cementing Tom’s homosocial bond to his classically
educated male friend. Macaulay is in good health. His finances are good. He
offers Ellis his “kindest remembrances”—and a Latin postscript.
CONCEIT: LEGAL SECULARISM AND THE INTIMACIES OF EMPIRE
This chapter asks
what would happen if, as a sort of thought experiment, we took Macaulay’s private letters as charter texts of colonial secularism. Taking my cue from Lisa Lowe, I position intimacy
as a heuristic, an analytic lens for approaching public
events. In the style of her “political economy of inti- macy,” I try
to dislodge the intimate from the domestic sphere, thus courting a sort of category error
to get better analytic traction
on nineteenth-century separate
spheres ideology.11 It is no secret that empire was an intimate enter- prise, lodged in bodily affect
and regulating sexual
desire so as to maintain racial difference.12 Empire also regulated sociality, such that
even simple expressions of friendship across racial lines could imply a radical recon-
figuration of empire’s affective architecture.13 How should such critical
insights shape the study of colonial secularism? This chapter explores one
possible answer to that question.14 It takes as its maxim an argument from a
recent ethnographic study of postcolonial law: “Kinship is central to the
practice of secularism.”15
Something similar held true in the colonial
period, I argue. It even held true for Macaulay.
In what follows, I lean heavily on Catherine Hall and on Robert Sulli-
van, Macaulay’s recent biographers—scholarship, like family, being a prac- tice of
dependence. To document the emotional lives of prominent public figures is, as Hall argues, to advance a broadly feminist
intellectual agenda by insisting on the inextricability of the personal
and the political as well as highlighting a cast
of supporting characters, often female, typically excluded from
historical analysis. It is also to demonstrate the centrality of family to
empire itself.16 “Families
like the Macaulays,” explains
Sullivan, “were eco- nomic as well as emotional and
cultural units. Their complex interdepen- dence belied the vocabulary of autonomous selfhood that
proliferated in much of the nineteenth-century Atlantic world.”17 The Macaulay we meet in Hall’s
and Sullivan’s biographies is indeed an arrogant, racist
ideologue, but he is also a chronically depressed, social-isolate
reader, debilitated by his incestuous love for his sisters and shaped profoundly by both evangeli- calism and empire. This biographical “Tom” has yet to make
his way into South Asian studies. This chapter is meant as a step in that direction.
A week before his penal code was published in 1837, Macaulay
wrote a letter to Ellis saying
that “whether the work proves useful to India or not, it has been of great use, I feel and know,
to my own mind.”18 I propose tak- ing this claim
seriously. How did the Code shape Macaulay’s intimate rela- tion to himself? What “use” did he put it to in his daily practices
of self- governance?
These are unanswerable questions. Although Macaulay’s letters between 1835 and 1837 often mention
the Code—noting that work is going
slowly, proffering opinions on
coauthors—they do not say much about how it felt to write it.19 Still, as I hope to suggest, it is possible
to reconstruct a provisional account of how Macaulay used the Code by taking a broad view of his biography.
Lawmakers make laws, and those laws become part of their makers’ daily lives
during the time of their making. This near-tautological truth would typically be shuffied aside as being of dubious historical relevance. If, how- ever, one is interested in how multiple registers of governmentality intersect
in practice (i.e.,
techniques for the conduct of conduct including not just law, but also religious norms, manners and mores, ethical precepts, familial
networks, etc.), then the necessarily intimate
relation between law and law- maker becomes a potentially promising site of study. For the lawmaker,
the intimate is not just the object of law; it is the prior condition
of law, the site at which
law first emerges.
Most scholars have,
quite appropriately, posed what could be called—borrowing a
term from media studies—a reception question about religion and law. They ask how lawbooks shape the intimate
lives of the governed. Here, by contrast, I pose a
production question, asking how a lawbook shaped the intimate life of its author.
Alternating between narrative and analysis, I age Macaulay backward from the late 1830s until 1800 (he was born with his century).
To understand why Macaulay was
unmanned by his passions—etymologically, that which renders
the subject passive—we need to understand the historical specificity of his media practices of the book. For him, sisters, semiosis, and secular empire were affectively supercharged
precisely because they were so tightly intertwined. To see how, let us give ourselves over to the gossipy pleasures of Tom’s story.20
TOM LOVES HIS SISTERS
In May 1838, while Thomas Macaulay
was on the ship back from India, his
father Zachary died. Perhaps at that moment Tom regretted his fantasies of
coming home rich—“for the first time in my life, an absolutely free and
independent man.”21 He had gone to India partly to extricate
himself from his father’s financial
woes, even to displace his father in the family financial
hierarchy. Now, headed home, he was perhaps more independent than he wanted.
His three sweetest bonds had been severed while he was away.
Tom (b. 1800) was the oldest of nine children, with
Hannah (b. 1810) and Margaret
(b. 1812) the two youngest
girls. Age difference sparked fondness that
intensified as the trio grew into adulthood. In 1830, they even talked about setting
up house together.
Margaret gushed in her scrapbook that Tom had been the “the object of [her] whole heart” for
years, and she had never “felt so worked up about anything” as the idea of moving
in with him.22 Their idyll was short-lived. In 1832, Margaret announced that she was engaged
to Edward Cropper, a director at the Liverpool and Manchester Railway. Tom was devastated by the news, greeting it with “a flood of very
bitter tears.”23 As he explained
in a letter to her a few months later,
Mar- garet had for him taken “the place of a first love. During the years when
the imagination is
most vivid and the heart most susceptible, my affection for my sisters has prevented me from forming
any serious attachment.” He now saw his error in having warred “against the nature of
things, against the great fundamental law of society.” “That women shall leave the home of their
birth and contract ties dearer than those of consanguinity is a law as ancient
as the first records of the history of our race, and as unchangeable as the constitution of the human body and mind.” It was quite a confession. He asked Margaret not to show the letter
to Hannah.24
Margaret’s marriage was like a death to Tom. In early 1833, he sent her a belated wedding
gift—a portrait of himself. Enclosed was a letter describing the gift “as a funeral relique—as a memorial of one who, though still living,
is separated from you by a gulph like that which parts the living and the dead.”25 The following Christmas, he told Hannah
that “instead of wishing
to be near [Margaret], I rather shrink from it. She is dead to me; and what I see is only her ghost.”26
With Margaret gone, Tom transferred all his affections onto Hannah— or as
he called her, Nancy. Two weeks after his 1832 confessional letter to Margaret,
he was writing Hannah from a party to tell her that “I see some pleasing women here” with “pretty faces” and “orange ribbands,” but “none who is worthy to tie the shoe-latchet of my two darling sisters.”27 A few
months later, he wrote to say that Margaret “has a husband to look after her; you have only a brother.”28 A week after that, we find him bored in Parlia- ment and looking forward
to a little “fondling with my own Nancy.”29
Such sentiments were, to some extent, typical of a historical period when
brother-sister love was celebrated as a desexualized, and thus purified, form of
heterosexual romance. Sibling love also served a critical economic func- tion in that it readied
bourgeois children to marry their cousins in a world that revolved
around endogamous cousin marriage. This was how the era’s major British clans (Darwins, Wedgewoods, Wilberforces) retained
wealth in family firms.30 By century’s end, the key ethnographers of
this intimate sphere (Sigmund Freud,
Havelock Ellis) would speculate that the bourgeois family unit was founded
on disavowed incestuous desire. One need not
be a Freudian, however, to raise an eyebrow at the January
1834 letter in which Tom tells his “pretty” Nancy that “I am your papa now.”31 He was trying
(as Hall suggests) to be father, brother, and lover at once.32 Hannah and
Margaret had mothered
Tom after their
collective mother, Selina
Mills Macaulay, died in 1831. Now that a business failure had
imperiled Zachary’s finances, Tom would reciprocate.33
Even by period standards, this kind of language is extreme. When, in the
1870s, Hannah’s son
George published selections from his famous uncle’s letters, he censored overtly
romantic language (“pretty,” “dearest love”) in the letters to his mother.34 This may partly reflect a shift in social
mores at midcentury, after a mid-Victorian panic about sibling incest.35 Already in the 1830s, however,
Tom was clearly self-censoring, asking his sisters to keep his “war on nature”
a secret.
Tom wanted Nancy to accompany
him to India. Over seventeen
months and more than seventy letters—addressed to his “dearest love,”
“my dear girl,” “ever dearest yours”—he pursued a campaign of emotional blackmail.
His well-paid position
in Calcutta would save their father from debtors’
prison, and “whether
the period of my exile shall be one of misery or com-
fort . . . depends
on you, my dear, dear Nancy. I can scarcely
see the words which I am writing
through the tears which force themselves into my eyes. Will you, my own darling . . . go with me?”36 Hannah went.
They left London
in February 1834 on a ship called
the Asia, arriving in Madras in June. Other than a short trip to Paris, Tom had never been out of Britain—nor apparently did he relish
the prospect. A friend who saw
him off noted his “foul” and “jaded” complexion and had a distinct sense
“he was going to sacrifice
his life.”37 Hannah was no better. “If I could have
conceived the sufferings of the last twenty-four hours beforehand never would I
have placed myself here,” she wrote Margaret. “Why did none of my friends intervene.”38 At sea, Tom holed up in his cabin with a stack of books
and imagined Hannah enjoying herself on the ship’s dance floor. In fact, she was seasick and horribly
lonely. “Tom has no conception what I am feeling,” she wrote Margaret.39
Hannah got to Calcutta before her brother, who had stopped in south India
on official business. The separation seems to have been good for her. Before they set sail, an acquaintance had predicted she would “marry some
rich
Nabob” within six months of arriving in Bengal.40 The acquaintance was right. Tom arrived in Calcutta in September. Two months later, Hannah was engaged to the well-positioned young East India Company official
Charles Trevelyan. They were married at Christmas in the Calcutta
cathedral. Tom gave Hannah
away. “Everything is dark,” he wrote Margaret
on Christmas Eve. “I have nothing
to love—I have nothing to live for.”41 He did not know
that Margaret had died of scarlet fever six months earlier, shortly after her siblings’
arrived in India. News of her death was as slow as the imperial mail. For months,
Tom had been writing to a ghost.
Our soap opera continues with Hannah somehow persuading Charles to let Tom move in with them so that they could “form
one family” in a
Calcutta mansion.42 It is time, however, to press the pause
button and con- sider what this intimate saga might say about the liberal ideal of the in-
dependent man and the early colonial discourse network in which these sibling letters circulated.
COLONIAL GRAPHOMANIA
The
intensely sentimentalized nuclear family was, the historians tell us, a “crucible
of sexuality” as well as a “training ground for new affective modali- ties” that went well
beyond mere sexual intercourse.43 Even as adults, Victo-
rian siblings often had surprisingly little heterosexual sex, instead channel- ing their polymorphous energies
into a lush of array of affectively charged practices,
from homoerotic friendships to religious piety to relentlessly voluminous
production of prose—a sort of “graphomania.”44 The Macau- lays were graphomaniacs. They proliferated
speeches, journals, scrapbooks, essays, histories, minutes, codes, and, perhaps
above all, letters. In this, they were typical of their era’s discourse
network (to recall the psychoanalyti- cally inflected media archaeology of Friedrich Kittler, for
whom gender, language, and material
inscription systems develop
in tandem to form his- torically specific
structures of semioticized desire).45
Tom in particular was a torrent of words. He gave dozens of speeches in and out of Parliament and published thousands of pages of prose. His sisters
were integrally involved
in these public
productions. So as not to compromise his speeches’ intrinsic
orality, he refused
to write them down,
instead rehearsing them out loud to Hannah and Margaret who, Hall sug- gests, were “always the primary audience
both for his speeches and his writ- ing.”46 In
1831, relishing his newfound political
fame, Tom wrote Hannah to say that his “greatest pleasure
in the midst of all this praise”
was to imagine how his success
would delight his father and sisters. “It is happy for me that ambition—the
fiercest and most devouring of all passions—has in my mind been softened into a kind of domestic
feeling.”47 Ambition,
that most political and thus public of emotions,
is not just softened by domesticity. It is mediated by the domestic,
performatively routed through the intimate act
of letter writing.
The Macaulays enlisted even bureaucratic
paperwork as props of graphomaniacal
intimacy. In Calcutta, Charles Trevelyan wooed Hannah by slipping her policy documents
about Indian educational
reform. Soon,
they were chatting about “oriental alphabets” and falling in love.48 Tom, meanwhile,
considered his penal code an appropriate gift for friends and family. He promised Ellis a copy. He also said he would bring one home to his middle sisters, Selina and
Frances—although, he conceded, “it will have no interest for ladies.”49
Macaulay’s ungainly physique made him an odd presence at Parliament. He was, in the words of a contemporary, “a little man of small voice, and affected utterance, clipping his words and hissing
like a serpent.”50
Presum- ably he appreciated oratory’s
power to distract
from his body, making him a creature of words alone.
His sisters played
an active role in this transmu- tation. Margaret kept a
scrapbook of her “poetic conversations” with her brother to record his brilliant but ephemeral speech for posterity.51 Hannah became Tom’s primary posthumous
redactor and interpreter, editing and publishing multiple editions of his works
later in the century. The public figure “Macaulay” was a family production.
So too was the intimate
figure “Tom,” who emerged through
a different literary genre:
the letter. In the early
nineteenth century, letter
writing was an aesthetic activity governed by printed style manuals, which recom- mended
a spontaneous tone that, ironically, took several drafts
to achieve.52 Tom’s letters are certainly literary in flavor: one precedes an account of a dinner party with a list of dramatis
personae; another uses the Odyssey to frame his Indian exile.53 They were also written at a transitional moment in postal history.
The private letter
as we now understand it is the historically
contingent outcome of postal reforms of the late 1830s; where once letter recipients
had to retrieve their mail from the local post office (and often
read it aloud there), henceforth it would be delivered to the residential pri- vacy
of home.54 Those reforms
further banned the practice of franking, or sending letters for free under
parliamentary privilege—as Tom did when writing
to his sisters.55 During the 1830s,
systematizing Benthamites in India were enacting their own set of
reforms, shutting down private letter carri- ers and integrating regional postal systems
into a single colonial network.56 The imperial mail conjoined these postal
worlds, shuttling paper and ink between London and Calcutta on a sea voyage that took around six months.
Franz Kafha once described
letter writing as a “dislocation of souls,” a “communication of specters.”57 The time lag in the imperial mail meant that Tom experienced this dislocation with
jarring literalness. His sisters were, in some very real sense, paper phantoms,
their physical being displaced onto epistolary relics that structured a distanced intimacy predicated on the
implied possibility of posthumous reading.
Letters were thus structurally akin to literature, with its more explicit
promise of posthumous life. The two collided
in the February 1835 letter
to Ellis, where Tom confessed to being unmanned by Margaret’s
death. “I labor under a suppression of Greek,” he wrote. Old books were a way
to “converse with the dead,”
to “live amidst
the unreal,” to forget the funeral relic
of the letter,
to forget Margaret. They were the physical objects through which Tom tried to regain his status as independent man, to free himself from sweet bondage.
And not just any books. Greek and Latin meant Oxbridge, upper classness, and male homosociality. They also, for Macaulay,
had become the secularized carriers
of a print-mediated Protestant ethic.
BOOKS BECOME EVERYTHING
In his “Minute on Education,” Macaulay measured civilizations by their bookshelves. He also
amassed quite a bookshelf of his own. Toward the end of his life, he
counted more than seven thousand volumes in his personal library, including a
few hundred inherited from his father.58 At least some of these must have traveled
with him to Calcutta (where he worried white ants would devour his library).59 Books were Tom’s most intimately physical of
loves. Blood and soap still stain the copy of Thucydides he would read while being shaved in his Calcutta
mornings.60
The Christmas that Hannah married, Tom wrote the dead Margaret to tell her about the “alteration” inside him. “My affections are shutting them- selves up and withering My
intellect remains and is likely,
I sometimes
think, to absorb the whole man. Books are becoming everything to me.
If I had at this moment my choice of life, I would bury myself in one of
those immense libraries that we saw at the universities and never pass a wak- ing hour without a book before me.”61 An ascetic’s tool for dulling
emotion, books sealed Macaulay inside a sort of paper tomb, making him
the most independent man in the world.
Literary Orientalism, as is well-known, tends to
encase “the East” in tex- tual
projections.62 Macaulay was no Orientalist, at least not
in the narrow sense of the term. He did, however, fortify himself against
the colonial world with literature. He disliked India’s
streets (“the dark faces and bodies with white turbans and flowing robes, the
trees not our trees, the very smell of the atmosphere I was
quite stunned”).63 He disliked its colonial
parties
(“the conversation is the most deplorable twaddle that can be conceived”).64
What he liked were
the “good books for a library” he had bought at book- stalls before leaving London.65 Homer, Virgil, Horace, Dante, Cervantes, Gibbon,
Voltaire—the closest he got to India was James Mill.66 Perversely, he used his subcontinental sojourn to pick up a reading knowledge
of Por- tuguese;
Hannah learned more Hindustani than her brother ever did.67
Macaulay’s “Minute on Education,” written in January 1835 in the throes of his grief about Margaret,
sought to extend
his bookish cloister
to elite Indians, immunizing them against India too. This procedure could only
ever partly succeed,
of course. Indians
could, in Macaulay’s terms, become English in “taste,” “opinions,” “morals,” and “intellect,” but never in “blood” or “colour.” The
resulting gap between bodies and their cultivated moral acquirements would structure a historically specific
formation of race and,
with it, write the script
for colonial mimicry.68
The ascetic labor of using physical books to place the physical
fact of Indianness
under textualized erasure was also a labor of secularization. If, as Viswanathan suggests, English literary
education worked to create “non- Hindu Hindus” and “non-Muslim Muslims,”
it did so partly via reading, as a printed-mediated moral labor of self-cultivation.69 By this account, Macaulay could be said to have used books to transform
himself into a non-
Christian Christian. His “secularizing genius,” as
Sullivan explains, lay in his ability to articulate a “Protestantism minus Christianity,” an evangelical
Indophobia “minus God and Bible.”70 This Bible-shaped hole was certainly apparent in his reading
practices. Every day, during the three or four hours prior to breakfast, Tom religiously read the Greek and Roman classics. That was the precise period
that his father
had devoted to Bible study.71 If the classics
implied male friendship, biblical reading implied paternal authority. While at university, Tom wrote his father a letter promising
that “if my life
be a
life of literature, it shall certainly be one of literature directed
to moral ends.”72 He kept that promise, after a fashion.
His “Minute” moralized literature, reinventing Englishness as a moral
property that could be extended even to non-English bodies—thus simul- taneously solving a problem for Company secularism and also
opening a conceptual space or gap within Englishness that colonial
mimics would later widen (showing how the English failed to coincide with
themselves).73 “It is the duty of the British
government in India to be not only tolerant but neutral on all religious questions,” wrote Macaulay in the “Minute.” By sub- stituting Shakespeare for the Bibles used in Britain
to mold the character of the
working classes (or the Greek
and Latin used to mold Oxbridge elites), English literary education appeared a religiously neutral means of convert-
ing Indians to colonial modernity. A “learned native” steeped in Milton, Locke, and Newton instead
of the “sacred books of the Hindoos” will natu- rally abandon Hindu “hieroglyphics” for English and
French science, the “Minute” proclaims.74 Literature, Macaulay wrote his father, will
redeem “idolaters” without “the smallest interference with religious liberty.”75 This refiguring of Englishness as a moral
(i.e., juxta-religious affective) force emerged from within a
particular formation of the secular.
As winter 1835 turned into spring, Tom turned from literature to law, from the “Minute on Education” to the
Indian Penal Code. Were his legal labors also shaped by his literary
asceticism, his post-Protestant readerly ethic? Perhaps.
Macaulay did not just have a feeling
for books. He used
books to control feelings, both his own and others’.
What better way to con- trol emotion than with a penal code? His was certainly designed to sup- press the “religious excitement” of Hindu and Muslim multitudes. It seems reasonable to suppose that he also used it to dampen
his own feelings— laboring under a suppression of law to forget his grief.
Macaulay was not the only person in colonial India to develop
a distinc-
tive askesis of the book.76 His print asceticism was distinctive,
however, in its intersection with law and codification. As we saw in
the previous chapter, early nineteenth-century legal codes participated in a sort of legal Prot-
estantism, fetishizing the
printed book’s ability to hold the fundaments of law between tidy covers. They
were secular-legal “bibles”, sometimes dis- placing actual Bibles. In
Macaulay’s case, this bookish drama had a semi- Oedipal charge. He used law and
literature to oust the father.
FATHER, SON, AND SECULAR EMPIRE
Secular empire
was, for Macaulay, an oddly domestic
project. Raised in the
evangelical stronghold of south London’s
Clapham Common, Tom drifted
from Christianity while at Cambridge (as by siding with blasphemers like
Richard Carlile). By 1823, he was speaking
gingerly of his family’s “rigidly religious
sentiments,” especially his father’s “utmost” evangelicalism.77 Years later in Calcutta,
he complained about Hannah’s new husband Charles by noting that his “religious
feelings” were “ardent . . . even to enthusiasm,” “perhaps too much so for my taste.”78 The phrase “religious feelings” would recur in Macaulay’s public writings, including the Indian Penal Code. The
resonance is
striking. It seems he was managing religious feelings at both an intimately familial and grandly political scale.
The Macaulay clan was shaped by empire long before Tom was born. His uncle Colin, a general
in India, fought against Tipu Sultan and Hyder Ali in
the Mysore Wars and was taken prisoner
at the 1799 Siege of Seringapatam
(a ten-year-old Tom wrote a poem for him).79 For the Macaulays, however, empire mostly
meant the Black Atlantic, that birthplace of modernity as “civilizational assemblage of race and religion.”80 This was certainly the case for Zachary Macaulay, reborn at sea. The son of a Scottish Calvinist minister, teenaged
Zachary fell in with heavy-drinking Glasgow freethinkers. “David Hume was now my Oracle,” he later lamented
in an autobiographical frag-
ment, and “to profane the sacred name of God, to
prostitute His word to the purpose of exciting
licentious merriment . . . was my pastime.”81 Still young, Zachary moved to Jamaica to work as a bookkeeper on a
sugar plantation. There, he was further corrupted by an innately wicked
system of slave labor. “And yet so very a wretch was I, as to love and hug my Chains.” It was only on his
voyage home, as he sank into a gambling addiction, that he “hero- ically” resolved to “break the chain.”82 Following a common pattern,
the white Atlantic traveler takes the chains of the enslaved as a metaphor for his spiritual redemption, his movement from sin to freedom.
Upon arriving back in Britain in 1789 and meeting his sister Jean’s new
husband, Thomas Babington, Zachary had an intense conversion experi- ence. Hall describes the
change as a sort of recivilization. The rustic Scot,
further roughened by Jamaica, was born anew through the genteel Christi- anity
of an English country house.83 These English gentlefolk seem to have viewed Scotland
as a colonial hinterland: when Babington married
Jean Macaulay, his family compared him to an Arctic explorer
returning home with “an Esquimaux bride”; he compensated by
assiduously “improving” her savage brother.84 It
was Babington who introduced Zachary
to the members of the Clapham Sect, a group of elite Anglicans orbiting William Wilber- force.
And it was Clapham that introduced Zachary to his future wife, the Bristol
Quaker Selina Mills, then studying under prolific tract-writer Han- nah More.85 Zachary and Selina remained apart while he
campaigned for the abolition of slavery and served as governor of Sierra Leone, a colony for
formerly enslaved persons.
He wrote love letters to Selina while aboard the slave
ships he was investigating, musing
that though physically separated, the two were one in Christ and met “as often we go into His presence.”86
These multiples histories of
race
and religion were inscribed on Zach-
ary’s eldest son from the moment of his birth.
Thomas Babington Macaulay bore the name of the man in whose
house he was born, the man who had civilized
his father. He spent his childhood at Clapham, with its crisscross- ing
households, domestic affections, and voraciously intellectual children—
children who spawned
longstanding intellectual clans (a direct line connects
Clapham to modernist
Bloomsbury).87 At age thirteen, Tom was sent off
to school in what at first felt like exile. Hannah’s earliest
memories were of the
“intense happiness” she felt on finding him home for Christmas.88 Tom called the holiday “the festival not
only of our religion, but of civilization, of
morals, of toleration, of domestic happiness, of social courtesy.” It encap- sulated
Christianity’s “beneficial influence” on the world.89
As that description implies, Clapham was simultaneously an intimate and a geopolitical space, its domesticity a model
for empire’s civilizing mis- sion. “The truth
is that from that little knot of men emanated all the Bible Societies and
almost all the Missionary Societies in the world,” Tom later reflected.90 “The Saints,” as they were teasingly known,
helped found the British and Foreign Bible Society and the Church Mission
Society, and one of them (Charles
Grant) authored an influential treatise
urging the East India Company to allow Protestant missionaries into its territories.91 The Claphamites were also fierce abolitionists,
with Wilberforce now mostly remembered as
Britain’s great emancipator—the oratorical titan driving the 1833
abolition of slavery throughout the British empire (minus India, where
caste-based agrestic slavery remained officially legal into the 1840s and was practiced for much longer).92
Abolition and civilizational missionizing went hand in hand. “God Almighty has set before
me two great objects,” Wilberforce wrote in a 1787
diary entry: “the suppression of the Slave Trade and the Reformation of Manners.”93 Freedom meant little without moral reform (as Zachary’s narra- tive of
spiritual redemption implied), such that these twinned objectives came to articulate
one shared politico-moral and religio-racial field of action. When Tom broke with Clapham, he also abandoned the sect’s antiracist commitments, as suggested by the overtly
racist language in his letters
and his recommendation that the Irish be “extirpated” like Indigenous
Ameri- cans.94 He did not, however, abandon Wilberforce’s
second objective—the reformation of manners. His “Minute on Education” may have used dif- ferent nouns
(taste, opinions, morals), but this was, in a sense, precisely its project. Macaulay
simply secularized Wilberforce. Ever the Claphamite, he was still
civilizing subjects.95
Tom too had once been forcibly civilized. In 1814, his namesake, Thomas
Babington, published a tract on Christian education
that explained how schools should correct the “natural
propensity of man to evil.” Unlike Enlightenment optimists with their
cheery belief in childhood innocence, Babington thought education should
“crucify the flesh with its affections and lusts.”96 When this tract was published, Tom was
already away at school. Still, it seems likely that some version
of these ideas played a role in his
Clapham upbringing. Wilberforce also believed that
humanity was “tainted with sin” to the “very core,” as demonstrated by Indigenous America’s “bar- barism.”97
At Clapham, “the minutest faults of temper,
manner, and social habits”
were noticed and corrected.98 Discipline
and domesticity were inseparable,
and this was perhaps especially true of Zachary. A model of Protestant punc- tiliousness and regimented
routine, he enforced strict educational discipline on his children, perhaps
anxious about his provincial family’s
class status.99 Whatever the reason, he was the sort of father who wrote things like “unless you are thus docile and obedient,
you cannot expect,
my dear children, that Jesus
Christ shd. [sic]
love you.”100 A parent, he once wrote Selina, should
apply “regular and constant discipline” to a child, correcting its “bad dis-
positions.”101 The child should
emulate Jesus, a model (as he wrote
Tom) of “self-denial and
resignation and holy and cheerful obedience.”102
Tom’s manners were,
reportedly, impeccable. At age four,
a friend’s servant
spilled hot coffee on the tot, dressed in white trousers and a frill- throated green
coat. When the hostess tried
to console him, Tom dissuaded her: “Thank you, madam, the
agony is abated.”103 At age six, when Selina explained that he should
not expect bread and butter
while at school,
he swiftly replied, “No, mamma, industry shall be my bread and
application my butter.”104 These hilarious tales
are probably more family lore than historical fact; in actuality, Tom seems to have been an unhappy
student who begged his mother
to let him come home for lunch.105 Still, precisely as lore, they are informative: the Macaulays, they suggest, placed a strong value on man- nered words’ power to suppress bodily pain.
Young Tom was a budding bibliophile. Hannah More first encouraged him to build a library (“you
will one day, if it please God, be a man: but long before
you are a man I hope you will be a scholar”).106 He “read inces- santly, for the most part lying on the rug before the fire, with his book on the ground, and a piece of bread and butter in his hand.”
The parlor maid recalled his “expounding to her out of a volume as big
as herself.” He spoke in “quite printed words.”107 (Even as an adult, an acquaintance once described
him as “a book in breeches.”)108 Tom’s first publication, at age eleven, was
an extract from Foxe’s Book of Martyrs, printed in his father’s journal, the Christian Observer.109 At age thirteen,
he wrote to his father
to say he was “very much pleased that the nation
seems to take such interest
in the intro- duction
of Christianity into India.”110
Tom’s childhood habitus—that is, his very flesh—was shaped from within by the
dreams of a Christian empire. The savage child had been reformed in evangelical virtue, and thus in a civilizational assemblage of race and religion. Tom’s boyhood schoolteacher came to Clapham
to teach “Western civilization” to
“African youths.” Only when that project failed did he switch to educating white pupils.111 There were, to be sure, other practices of
the self that would have swirled around Clapham—not least class-based practices
of politesse, civility, and good etiquette.112 Still, Clapham had clearly honed its
civilizing pedagogies through
the racial capitalism of the Atlantic
world. Its families
were crucibles not just of sexuality, but also of religio-racial virtue—
technologies for the conduct of self and others that could then circulate
globally.
Macaulay tried to use empire
to become an independent man, finan- cially free of his father. He could never,
however, be free of the disciplinary
grooves that his father had, long before,
etched into his disposition. His efforts at
self-government simply dug those grooves deeper. It may be going too far suggest that Macaulay was more governed than governing. Still, pre- cisely because
his sense of manly self-rule always required external props and
norms, it always involved him in the things he tried so hard to disavow:
dependence, sentiment, sweet bondage. Tom was always already unmanned. He could not be otherwise.
CONCLUSION: THE ART OF SELF- GOVERNMENT
According to Jeremy Bentham,
“the art of self-government” is the “private art” whereby a man directs his
own actions, and it is necessarily linked to the parallel
art of legislation, the art of governing
others.113 Ethics, or the
principled practice of the self,
is, in other words, intrinsically linked to law, an ethics generalized to the
population. These are not just complementary tactics for ensuring the greatest happiness of the greatest
number; they are constitutively
intertwined.
Bentham’s evangelical contemporaries were similarly “obsessed with conduct,” both “their own and others’,” seeing personal influence as integral
to the larger work of morally reforming
society.114 For them, one might say, personal relations were the matrix of
all governmentalities, the register at which
the “conduct of conduct” necessarily unfolded.115 If the personal
was political in each of these cases, the shape of this
connection varied. For Bentham,
ethics was the obverse face of legislation. For Wilberforce, it was
the disciplinary complement to political freedom. For Macaulay, it was a crux of colonial governmentality, both in India and the Atlantic world.
In his 1837 draft Code, Macaulay wrote that “it is not to our virtue that
the penal law addresses itself.” The world, after
all, would not require “penal
laws if men were virtuous.”116 By suggesting that law regulates behavior
where virtue fails to do so, Macaulay would seem to position law and virtue
as distinct but complementary registers of governance. He thus
understates the extent of their entanglement. The Macaulay Code did indeed
address itself to virtue,
and in at least two different ways. First, and most obviously, it set out to reshape Indian
subjectivity, reforming manners
to create a class
of little Englishmen. Second, and much less
obviously, Macaulay addressed the Code to his own virtue. During the two years he labored on it, it would
have become incorporated into his practice of self-government, his biblio- philic suppression of pain. While it is impossible to know
precisely what “use” Macaulay put this legal
document to, one can cobble together a rough account by reconstructing
the documents surrounding it on his bookshelf: Bibles, Greek and Latin classics, English literature, evangelical
tracts, family letters. The Code was a public document,
an instrument of the art of legisla- tion. It was also part of the private self-government of
Tom, its author and first reader.
This secret
history of the Indian Penal
Code found an epilogue of sorts
in 2018, when the Supreme Court decisively modified jurisprudence around
Section 377—which prohibits “carnal intercourse against the order of nature”—by
exempting from its scope consensual intercourse between individuals of the same sex. Arguments against 377 drew on contemporary legal concepts (individual dignity, right to privacy, constitutional
guarantee of equality before the law) that made the section seem like a
fusty artifact of Victorian
sexuality—as of course it is.117 The section dates to the 1860
version of the Code, which lightly revised Macaulay’s pre-Victorian 1837
language about “unnatural lust.”118 That language, meanwhile, as Hall sug- gests,
strongly echoes Macaulay’s epistolary confession of three years earlier: he had made “war on nature” in loving his sisters.
The question thus arises: In laying down the law on Indian sexuality, was Macaulay also laying down a law for himself? If so, did his attempted
repression of
desire actually function, as commonly happens, to incite more desire? These questions unsettle the public status of law, perhaps radi- cally. They imply that
the Indian Penal Code was a tool in a very intimate erotic game, a personal
history concealed within its official
prose. Would it then
follow that any person whose
sexuality is later
regulated by the Code
becomes implicated in that game too? Does law start to appear as the per- verse extension of a long-dead
family affair?
Whatever one makes
of such open-ended questions, it bears
noting that Macaulay’s war on
nature was not just the product of family desire. It was also, at least arguably,
shaped by his era’s reformist impulses—at once secu- lar and religious, pressed
deep into bodily
habitus. For Macaulay, “nature” indicated not just that which must be obeyed, a
biopolitical “law” implicit in the unchanging, ancient constitution of human
bodies (as suggested in the 1834 letter to Margaret). Nature was also that
which must be tamed. It was constitutively opposed
to religion, or so suggested
Thomas Babington in 1814,
describing “religion [as] that which
is, beyond all things, repul- sive to the nature of man.”119 By this account,
the whole point of evangelical Christianity is to make war on nature, especially in children, by
disciplining nature toward virtue.
If we take Macaulay as having transposed this model of
pedagogy to India, then would it follow that the Indian Penal Code too made war
on nature—seeking to civilize rustic bodies and thus replaying Macaulay’s
personal and family history at a geopolitical scale?
To pose such questions is by no means to suggest that this Macaulayan
project succeeded. It is simply
to try to find ways of rendering law’s public documents
strange unto themselves, more weirdly intimate than they appear
at first glance. A gestalt shift of this kind is arguably necessarily if we want to
get a clearer view of the history of secularism—a political project rooted in the reorganization of the intimate
and articulated around the
modern public/private distinction, which secularism works to naturalize and thus partly occlude.
That distinction’s historical contingency is explored
in greater depth in the next chapter.
Blasphemy, obscenity, sedition,
slander—to open a reference
work on libel law is to confront a rainbow of possible word
crimes, and perhaps to wonder how this modern
taxonomy of verbal
offense came to be. The curious reader soon learns that the Latin word libellus denotes a small book. Entering common English usage in the
early modern period, it indicated scandalous writing, both printed and handwritten.
Today, one can still correctly use the term in this broad sense by referring to “blasphemous libel,” “seditious libel,”
“obscene libel,” and more. If those phrases have an antiquated feel to
them, however, that is because the primary meaning of libel shifted during the nineteenth
century. So did the focus of libel law, which came to center paradigmatically
on private defamation— slanders against the personal or professional reputation
of individuals. (In most common-law jurisdictions today, libel is the written
form of defama- tion and
slander the oral form. This distinction was not firmly established until the
early nineteenth century, and it was rejected by the Indian Penal Code. Here, to emphasize the historical plasticity
of these concepts, I use the terms libel, slander, and defamation loosely
and at times interchangeably.)
This remapping of libel law was implicated in the larger history of secu- larism. By
distinguishing between blasphemy and sedition, libel law became one site
for the conceptual disarticulation of the “religious” from the “po- litical.”1 By criminalizing
defamation and obscenity, it restricted the entry of “private” matters into “public,” thus participating in the gendered demarca- tion of
those separate spheres.2 The history of blasphemous libel, then,
spans the conjoined terrains
of sex and secularism.
Circling around this unstable territory, this chapter sketches a concept history for an unholy
quadrivium of word crimes (blasphemy, sedition, obscenity, and defamation), moving from early modern England
to late nineteenth-century India to explore
how a persistent set of “legal affini- ties” thwarted the efforts of treatise writers and colonial bureaucrats to keep these concepts distinct.3 Where the previous chapter told a story
about the intimacy of law by digging into a stash of private letters,
this chapter pursues a complementary project, asking how the
legal regulation of blasphemous speech extricated itself from the intimate in the first place—or, at least, how it tried to.
TOWARD A GENEALOGY
OF BLASPHEMOUS LIBEL, OR, A DRUNKEN COMMUNION
“To create an offence is to make a law,” observed Jeremy Bentham in 1782.4 That is, the
philosophical work of crafting concepts necessarily precedes the practical work of legislation and jurisprudence. This maxim serves
as a use- ful epigraph for the history of libel law, wherein concepts
can appear to be
in a
perpetual process of uncreation—rising, falling,
merging, splitting, and otherwise contorting themselves for
three centuries before finally settling down into the taxonomy of offenses familiar today.
There is not yet, to my knowledge, a comprehensive history
of libel law from the sixteenth to the nineteenth
century. The inquisitive scholar must thus consult a series of largely siloed
literatures on blasphemy, sedition,5 obscenity,6 and personal defamation.7 Taken together, these literatures reveal a tangle of antiquated crimes with exotic
names (e.g., scandalum mag- natum,
the slander of great men) prosecuted across an interlocking warren of equally
antiquated court chambers
(ecclesiastical, Crown, Star Chamber,
etc.). They also suggest at least two key periods of historical change.
The early modern period, especially the seventeenth century,
saw a sub- stantial
remapping of libel law’s conceptual landscape. This was the moment when Justice
Matthew Hale redefined
blasphemy, literally secularizing this ecclesiastical crime by claiming it for the
Crown courts (see chapter 1). Nor was blasphemy
alone in shifting
from spiritual to worldly jurisdiction. Crown courts of this period
were busily laying claim to an assortment of spiritual offenses (sodomy,
witchcraft) and thus positioning themselves as sites for the moral
regulation of the people.8 One can see this pattern
in
the history of
defamation law. Prior to around 1600, defamation was typi-
cally tried in ecclesiastical courts,
where it was considered a crime for much
the same reason it was considered a sin: it harmed the soul of the speaker. As
defamation trials shifted to secular courts, their conceptual basis also
shifted. The harm in defamation was increasingly understood to be to the honor or good name of the defamed. This was a gradual change—as late as 1662, a
treatise writer could still denounce slander as a spiritual “disease” (“the iniquity of the Tongue, that little
Member”), the recent preponderance of
which was a clear sign of coming
apocalypse.9 And it was not yet a shift
to a
nineteenth-century notion of “reputation” as a form of property
in self; early modern “honor”
was hierarchical, even quasi-feudal.10
These seventeenth-century changes, articulating a historically specific
formation of the secular, were linked to the rise of the printing press. New legal concepts and tools (such as registered authorship) were a means of regulating
a proliferation of printed tracts
and pamphlets criticizing the state.11 Thus, in the seventeenth century,
the old legal
notion of treason was supplemented with a novel notion of “seditious libel.” By the 1720s,
the notion of “obscene libel” had also emerged as a means of restricting
bawdier forms of writing—seeming to signal an epochal shift in Britain’s sense of bodily decorum,
tipping toward the Victorian.12
The crime of blasphemous libel kept shifting location
during this period. It sometimes appeared
as a quasi-political word crime,
as in a 1678 trea- tise that defined blasphemy as “Treason against the Heavenly Majesty.”13 At other times, it seemed akin to defamation, as in a 1647 treatise
that defined blasphemy as to “detract
from God the honour due to him.”14 At still other times, blasphemy joined hands with
obscenity. We have already encoun- tered John Taylor, whose description of Jesus as a
“whore-master” landed him in court in 1676 (see chapter 1). One might further
consider a case like Rex v. Curl (1727), which hinged partly on the question
of whether common-
law courts had jurisdiction over the moral/spiritual crime apparently com- mitted by the English publishers of Venus in the Cloister (1683), a classic
of French anticlerical convent pornography.15
To see just how indistinguishable politics, religion, and the obscene body
could be during this period,
however, there is perhaps no case more illumi- nating than that of Charles Sedley.
In 1664, this poet and two of his friends climbed drunkenly onto the balcony of a London
tavern, pulled down their
breeches, and “excrementized in the street.” Stripping naked, Sedley then
delivered a “mountebank sermon” and performed a mock communion in which he dipped his penis in a glass of wine, drank it, and then poured
another to toast
the health of the king. Somewhere in the process, he also enacted “all the postures
of lust and buggery that could be imagined.” Upon
seeing this performance, the gathered crowd tried to break down the tavern door. When the door held, they instead pelted Sedley and friends with pro-
jectiles. Eventually, the trio were dragged to Westminster and fined. Sedley quipped that he was the first man
in history “that paid for shitting.”16
Sedley’s phallic communion
is often mentioned
in histories of obscenity
law. It could just as easily feature in
histories of blasphemy or even sedition. A clear burlesque of the ritual
theater of sovereign power by a noted court poet, Sedley’s impromptu
performance happened dangerously soon after the English Civil
War, at a moment when the royal palace was rumored to be a den of
rakish licentiousness.17 Sedley was thus parodying the royal body
and its Anglican liturgies to scandalous effect. In this sexual-scatological- theologico-political theater, there is no
point in trying to distinguish between
blasphemy, sedition, and obscenity, or, by extension, between the
religious and political or the public and private. In this communion, these
domains are most emphatically fused—a fusion that, to early nineteenth- century writers,
would seem like a problem.
“ THE LAW OF LIBEL! THERE’ S NO SUCH THING.”
“The law of libel! There’s no such thing,” complained an 1815 book reviewer after reading a flurry of recent treatises
on the topic. Libel, he insisted, was just a “circumlocution-saving phrase,” not “a description of an entity.”18 Dur- ing the eighteenth century, libel law had apparently come to constitute what seemed like a single
legal sphere, if an incoherent one. It was also a sphere
under increasing pressure. The Crown leaned
on libel law to suppress revo- lutionary
sentiment and other forms of political dissent. Parliament eventu-
ally pushed back, passing
Fox’s Libel Act of 1792, which granted juries more power
in libel cases.19 Courts too started scrutinizing and
clarifying libel law. Most notably,
Thorley v. Kerry (1812) cemented the distinction between libel and slander—provoking the flurry of publications
that exasperated our complaining critic.20
Although he did not realize
it, our book critic was witnessing the emer- gence of a new
configuration of libel law. The books he was reviewing, by “Messrs. George, Holt, Starkie, & Jones,” were not the
first libel treatises (that honor probably
goes to a book from 1647).21 They did, however,
mark
an important transitional moment in the history
of libel law. In 1825,
James Mill could still complain that there was “no definition of libel,”
with auto- cratic judges defining it however they
pleased.22 By 1881, when W.
Blake Odgers published his Digest of the Law of Libel and Slander, Mill’s com- plaint would have been less tenable.
Modern defamation law had been born.23 (Government authorities had also, starting
around 1819, changed legal tactics,
realizing that unlawful assembly was easier to prove than libel. By the
early 1820s, they were charging famed blasphemer Richard Carlile with
attracting nuisance crowds outside his shop window.)24
Treatises do not make law, but they do help make concepts
or offenses. Notably, then,
the flurry of libel treatises published after 1812 define and structure their topic in a motley multiplicity of ways. One sorts libel into seven categories, starting
with libels against
private character and then
moving across the state, Christianity, and the public at large before
finally arriving at the dead.25 Another specifies ten different
kinds of libel—against Christianity, morality,
nations, the king, courts, magistrates, and more, before
ending with private persons.26 Some get quite philosophical. What is libel? asks one writer. A “medium of detraction.” Libelous words work by “detracting
from any given object.” This includes not just the objects they describe, but
the audiences they describe them to. Obscenity constitutes a libel on “the
public at large” because it implies the public will “take plea- sure” in smut. Blasphemy works similarly,
presuming the public delights in sacrilege.27
Most of these treatises are now historical obscurities. The only one to have
outlived its moment is Thomas Starkie’s Treatise on the Law of Slan- der and Libel (1813), a standard reference work well into
the twentieth cen- tury. Unlike
his contemporaries, Starkie
imposed a stark
binary on libel law, dividing it
into two branches: private wrongs, injuring the reputation of individuals, and public wrongs,
attempting to “produce
disorder in soci- ety.”28 Starting his book from the private,
he arguably granted
it implicit priority.
In 1823, Starkie was elected Downing Professor of Law at Cam- bridge. From 1833 to 1849, he served on Henry Brougham’s commission for the
codification of English criminal law.29 Perhaps because of this profes-
sional prominence, his treatise on libel became
a classic. By 1844, it was
being lauded as a “comprehensive and philosophical” survey
of its topic.30 In 1883, Lord Chief Justice Coleridge
explicitly cited and praised Starkie (whom he had known personally) in Ramsay,
taking Starkie’s Treatise as the basis
for his redefinition of blasphemous libel
as a stylistic crime.31 That citation, however, was possibly unusual in its attention to blasphemy. Other
Starkie fans followed his Treatise in presuming that “communications affect- ing public interests alone are not very
accurately included under the law of defamation,” and thus noting them only “cursorily” in surveys of this reputation-obsessed field.32
If Starkie pioneered the systematic bifurcation of libel into private and public, Odgers’s 1881 Digest consolidated the job, joining Starkie as stan- dard reference
text. Although conceding that libel remains
“practically im- possible to
define,” Odgers does not seem particularly worried about this ambiguity.33 Taxonomy, it seems, had made definition
redundant. Odgers opens his Digest with
the confident declaration that “no man may dispar-
age or destroy the reputation of another.”34 Like Starkie, he prioritizes the personal.
Thus, although the seven-hundred-plus pages to follow do include substantial chapters
on sedition, obscenity, blasphemy, and scandalum mag- natum, it would be difficult for a reader to see these public offenses as any-
thing but vestigial inclusions. If, in the
seventeenth century, blasphemy (i.e., “religion”) cut across various discursive
fields, it was in the 1880s contained to a single chapter of a book—a
print-mediated formalization of the cultural logic of secularization-as-differentiation.
LIBEL IN THE COLONIES
Odgers’s
sidelining of public libels was not, however, the end of the story. To examine
the history of statutory libel
law in the nineteenth century
is to discover a more complex picture—one where colony and metropole are, once again, thoroughly entangled. After the 1810s, reformers
kept demand- ing more changes to libel law. Some of these demands were realized in Lord Campbell’s Libel
Act of 1843, which allowed
for the prosecution of authors as well as publishers. Others shaped the Obscene Publications Act of 1857, which cemented the criminalization of pornography (and,
in 1868, became the basis for the
“Hicklin test,” which defined obscenity around reader recep-
tion, not authorial intention—with Regina v. Hicklin holding that a work of
anti-Catholic convent erotica
from British-colonial Montreal
would cor-
rupt morals despite its publishers’ insistence that their intention had been to reform them).35 As usual, however,
legal reformers had more success
in the colonies, as seen in
the strongly reformist defamation law that New South Wales enacted in 1847.36
The Indian Penal Code was part of this transcolonial process. In keep-
ing with the recommendation of an 1843 House of Lords committee on libel reform, the 1860 Code eliminated the distinction between
libel and slander—which Macaulay had already, in 1837, derided as
“indefensible.”37 In fact, Macaulay mostly avoided using the
word libel, preferring defama- tion. He parsed the harm in the latter
in loosely Benthamite terms as the “pain” a person experiences when he “knows himself to be the object of the unfavorable sentiments of his fellow-creatures.”38 Disaggregating libel, Macaulay sorted word crimes according to their objects
and arrayed them in a descending scale of publicity, from the state to the
private individual. He also, in keeping with reformist
proposals, allowed for justification in cases where defamatory claims
are both true and in the public
good and offered wide protection to criticisms of “a public
servant in the discharge of his public functions” (inverting the
logic of the older concept of scandalum
magnatum, which had protected public men).39 Law commissioners of the late 1850s then
added the newly visible crime of obscenity to their revised Indian Penal Code
(as Sections 292–4), with the final version of that docu-
ment thus integral
to the British empire’s larger efforts at the moral regula- tion of medicalized, racialized, and
gendered bodies.40
As an implicitly moral crime, obscenity was difficult to reconcile with the
dictates of colonial secularism. The Code cued obscenity’s concep-
tual proximity to religion by transitioning directly
from the former (at the end of the chapter
on “Offences affecting the Public Health,
Safety, Convenience, Decency, and Morals”) to the latter. It
also carefully carved out special exemption within obscenity law for sexually
explicit religious images in Hindu temples.41 Obscenity law, with its biopolitical
regulation of public morals, was part of the same Victorian formation of secularism that reframed
blasphemy as a crime against
decency (see chapter
1). In this formation of secularism, the lines separating the political, the religious, and the
moral were quite murky. “There is as much difference between religion and politics as there is between religion and
morality, and that is merely none at
all,” insisted one late-century conservative in arguing against
permitting atheists to sit in Parliament.42 He was, in a certain
sense, right: religion, politics, and morality were porous cultural fields. Their continued interpen- etration
indicated not a failure of Victorian secularism, but the secret to its
success—fueling the extension of what Hussein Ali Agrama
calls secular- ism’s questioning power, its insistent efforts to
disentangle the religious from the secular. As new
controversies arose in both Britain and India, these lines had to be continually renegotiated.
There are all kinds of stories to be told about religion and libel law in
colonial India. The most famous trial is surely the Maharaj Libel Case (1862), which cited some of the Victorian libel treatises mentioned
above.43 To this,
one might add historical episodes
involving slandered Presbyterians,44 defamed
Parsi priests,45 missionaries rumored to have abused orphans,46 or perhaps
even allegations of religio-racial impurity leveled
at whole commu- nities,
like the Rangoon Parsis.47 The archive of libel is an intimate
archive, bringing gossipy tales about bodies, sexuality, and personal relations
into luridly public light. It also (as case law tends to do) points in multiple direc- tions not reflected in the relatively tidy realm of
statutory legal codes and printed treatises.
Still, even that tidy world contains more mess than might be evident
at first glance. Old legal concepts never really went away. They lurked in
the wings, waiting to emerge—with early modern conceptual confusions resurfacing in the nineteenth century to fuel secularism’s questioning power.
AMENDING THE CODE:
FROM SEDITION TO BLASPHEMY
Or that,
at least, is one way to narrate
the fin de siècle history
of the Indian Penal Code. After the Code became law in 1862, colonial
officials quickly realized that its typology of word crimes was inadequate to the task of rule. They thus set about
amending it. What followed was a tale of three
amend- ments, each begetting the next in
genealogical sequence: 124A (sedition, 1870)
begat 153A (class
hatred, 1898) begat 295A (religious feelings, 1927).48 Especially
in 1898, lawmakers
found themselves retreading the early mod- ern conceptual murk that early
nineteenth-century libel theorists worked so
hard to eliminate.
Our story begins with a clerical error. A hapless clerk allegedly lost the
piece of paper on which the 1850s law commissioners had written their revision of Macaulay’s 1837 sedition law, which was why the 1860 Code
had no such section.49 This was a problem. Throughout the 1860s, British bureaucrats
were paranoid that seditious writing might spark a repeat of the 1857 “Mutiny.”
The very first round of amendments to the Code, in 1870, thus added a sedition law, appending it to a section about assaulting the governor-general (124). Championed by James Fitzjames Stephen,
the new 124A’s core language echoed
Macaulay’s (“to excite
feelings of disaffection
to the Government”).50 The limits of this language became evident, how- ever, during prominent sedition trials of the 1890s. Judges
and lawyers kept pressing at the word disaffection. What kind of emotion was this, precisely? Should it be construed
as including “every form of bad feeling”
toward the colonial state?51
In 1898, bureaucrats proposed adding
the phrase “hatred
or contempt” to 124A,
hoping more emotion words might resolve the law’s verbal ambigu-
ity.52 They had a hard time seeing an arguably more fundamental problem: a great deal of political speech in late nineteenth-century India
was also reli- gious speech, with consequently dubious legal
status. In 1870, Stephen advo- cated for 124A by describing a man
going from village to village “preaching a Jehád or holy war against Christians in
India” (thus invoking the specter of the “phantom Wahhabi”).53 Paranoid government officials feared that Indian Muslims
felt “bound in conscience to rebel against
the Queen.”54 By the 1890s, imperial anxiety had partly
shifted to Hindus, as seen in the legal prosecution of B. G.
Tilak’s Kesari and J. C.
Bose’s Bangobasi,
which had both accused British colonialism of (as the Bangobasi put it) undermining “Hindu civilization
and the Hindu religion.”55 The core conceptual quan-
dary, however, remained much the same. Were such comments political or religious? Did
dislike of British Christians imply disaffection toward Brit- ish government? How could the colonial state
prosecute such statements without
seeming to infringe
on religious liberty?
Colonial bureaucrats tried to resolve
these quandaries by adding a new
section to the Code, spun out of 124A. “It is a regrettably frequent
prac- tice,” one explained, for Indian controversialists “to make violent
assertions against classes of persons, and against classes of public
officers, which would amount to gross defamation if made against
individuals.”56 In Britain,
these slanders would be prosecuted as defamation, which was once
possible in India too, as seen in the 1861 Nil Darpan case
(concerning the defamation of indigo planters as a
class). Courts had recently confused the issue, however, making it advisable to create a new law protecting “a class or community”
from injurious speech. Our bureaucrat described this offense as “general
defamation” and “sectarian defamation” (we might
now call it group defa- mation or even hate speech),
and recommended appending it to Indian Penal Code Section 499, concerning the defamation of individuals.
When London responded to this Calcutta memo, the Secretary of State for
India (George Hamilton) endorsed the idea of a group defamation law but proposed that it be added instead to Section 124A, as it seemed closely
akin to
sedition. In English law, Hamilton explained, “stirring up racial or class
animosity” is treated as “a species of seditious libel” and the same prin- ciple should hold for India.57 The Calcutta bureaucrats did as instructed. They put
forward a bill amending 124A to penalize not just words that “excite hatred, contempt, or disaffection” toward the Queen, but
also those that “promote feelings of ill-will between different
classes” of her subjects.
The game of conceptual pinball was, however, just starting. When the expanded 124A was sent to committee, its members objected
that it con- flated two distinct offenses—a direct crime against
the state and a crime that affects the
state only indirectly by stoking breaches of the peace. The committee also
rejected the analogy to English law, suggesting that com- mon
law’s conflation of sedition and group defamation “is probably due to historical causes and has nothing to do with logical arrangement.” They thus decided to create an entirely new section within
the Code’s chapter
on “Offences against the Public Tranquility.” The new 153A, appended to a sec- tion about provoking
riots (153), would stipulate punishment for promoting
the riot-adjacent feelings
of class enmity or hatred.58 Some committee mem- bers
cautioned that 153A was a “dangerous” threat to free speech. Others objected
that it was redundant with the Code’s religion chapter.59
AN INSTINCT TO THRASH
They were likely right
on both counts.
Twenty-five years later,
these issues surfaced yet
again when the failed prosecution of Mahashe Rajpal
under 153A prompted the creation of 295A. Retreading much the same
conceptual ground as 153A but from within the legal domain of “religion,” this law too was immediately decried as a danger to free speech.
It would have been far better, argued legal scholar Hari Singh Gour, to
have fashioned the new law as an addendum to 153A or even 124A rather than 295.
The Indian Penal Code was, he said, a “most unscientific enact- ment” in that it delineated four distinct types of defamation (of the state, a class, religion, and a person) and dispersed them across
its entire length when it should have grouped them into a single chapter
so as to more effectively set limits on their prosecution.60 Nineteenth-century Bentham- ites would have bristled at being called
unscientific. Gour tried to out- scientize them, effectively replaying nineteenth-century reformist debates to produce a more rational arrangement of libel law—a doomed endeavor
insofar as the cultural
field of injurious speech necessarily exceeds
the abil-
ity of legal categories to describe it and thus
prompts ongoing renegotiation of those legal categories.
Popular discussion of the 1920s reflected the persistent porousness of legal
concepts. Section 295A, objected one newspaper, created “in the field of religion a new offence analogous to that of sedition in politics.”61 It would, in the words of a member of the Legislative Assembly, result in people getting charged “with sedition against
many modern gurus and saints.”62 A likely malapropism, this comment makes the personal
political in a comically lit- eral way,
with slander, sedition, and blasphemy fully fused.
The legal affinity between blasphemy and personal defamation was front and center
during the Rajpal
affair. In acquitting Rajpal under 153A, the
Lahore High Court held that the Rangila Rasul
was a slander
against the Prophet
Muhammad in his private (or, as the Hindi press translated, niji) capacity but not therefore
also a slander against Islam or Muslims.63 Rajpal was
guilty of personal
defamation, and that was all. Although this decision
overturned lower court rulings, it also in a sense followed their conceptual
lead. In 1924, a local magistrate decided to permit “evidence showing that the pamphlet was based on historical facts and was
published for the public good”—contributing to the protracted length of the trial by allowing expert testimony about Muhammad’s life.64 Such testimony would, presumably, have been
of dubious relevance to a 153A case centered on class enmity. It would
certainly have been relevant to a libel case. The magistrate was, in effect,
trying to assess whether the libel was justified.
Libel law also remained an important framework for public discussion in
the months after the Lahore court ruling. The Legislative Assembly, for
instance, considered adding
libel-style language about
truth and the public
interest to 295A, or perhaps scrapping 295A entirely and instead adding a new defamation section to the Code.65 In a suggestively comparative move, the Lahore and Karachi
papers pointed to a recent British court case as offer-
ing a potentially useful
analogy to Rajpal v. Emperor.66
The case, Wright v. Gladstone (1927),
concerned a book that revived old rumors that former
prime minister William
Gladstone had fathered
an ille-
gitimate child, romanced
a Russian spy, and otherwise
pursued “every sort of
woman” under cover of his morally upright
public image. The late Glad- stone’s sons were incensed, but
because defamation of the dead was not a crime in Britain, they could not file a libel suit against the book’s author, Peter Wright.
Instead, they libeled
him so thoroughly that he had no choice
but
to bring a suit against them. The resulting trial cleared their father’s good
name and ruined Wright.67 In reporting on this case,
the Lahore Muslim
Outlook and Karachi New Times drew an implicit
analogy between Glad- stone and Muhammad, a “political” figure and a “religious” one, conjoined
around the intimacy of family feeling. When one of the Gladstone
sons took the witness stand in court, he was handed a passage from Wright’s
book. As the Muslim Outlook reported, he “flushed and clenched his fist,” exclaim- ing, “It is a revolting passage which
angered me, almost to an ungovernable extent.”68 This scene closely
echoes the accounts
of offended readers
like Muhammad Daud Ghaznavi (see chapter 2) reported by the
Indian press that summer. On the witness stand, Gladstone and Ghaznavi
experienced similarly “ungovernable” affects. They were overcome by emotion.
To compare
Rajpal to Wright v. Gladstone is to think across the line
separating
religious feelings from political ones.
It is also to confront
an important legal difference
between 1920s India and Britain. Was it a crime to defame the dead?
In early modern
Britain, legal authorities like Edward Coke and William Blackstone held that it was: libel was criminal
insofar as it risked breaches
of the peace, and libeling the dead could certainly pro- voke
living family to revenge. Nineteenth-century legal theorists thought differently. “The dead have no rights and can suffer
no wrongs,” proclaimed James Fitzjames Stephen in
1887. They thus, he reasoned, cannot be libeled.69 Critics
immediately noted the emotional weirdness of this claim;
the dead, after all, are
intrinsically connected to the living.70 Nonetheless, Stephen’s claim set precedent for decades to come—in Britain anyway.
The Indian Penal Code, by contrast, did in certain
cases criminalize defaming
the dead. The 1837 version explicitly
stated that “a deceased person may be defamed,”
even as its appendices expressed discomfort with using
breach of the peace
as defamation’s conceptual basis (suggesting that a shift in legal concepts was
underway).71 The 1860 Code cemented this shift by
rejecting breach of the peace as its standard and instead defining defamation
around reputa- tion.
Nonetheless, it still criminalizes defamation of the dead in instances where it is “intended
to be hurtful to the feelings of his family or other near
relatives.”72 It said nothing about the dead’s religious
devotees.
Comparing to Wright v. Gladstone to Rajpal v. Emperor raises the ques- tion, however,
of whether slanders
of the familial dead and slanders of the
holy dead are similarly hurtful to the feelings of the living. Are these simi- larly intimate emotions, with the Prophet Muhammad functioning as a kind of kin, written into the very body of the devout subject? Such parallels were certainly drawn in 1927. Justice Dalip Singh, after all, had given his
pro-
posed law the
number 297A—appending it to the section about trespass- ing
on burial places, disrupting funerals, and performing “indignities” on corpses. The essence of offense, he would thus have implied,
is desecration of the dead.
This comparison could potentially pull “religious feelings” in several dif- ferent
directions. One of them, in the 1920s, was increased privatization— a further
reframing of religious
affect via the classed and gendered domain of bourgeois domesticity. Perhaps the Muslim Outlook’s and New Times’s implicit
comparison of devotional to filial feeling tended in this direction. A slightly
earlier comparison certainly
had.
As it happens, the judge who presided over Wright v. Gladstone, Justice Horace Avory, also presided over the
trial of the last man in Britain jailed for blasphemy—the
1921 trial of John Gott. There, Avory explicitly reframed blasphemy via
personal defamation. To ensure that even a “lukewarm Chris- tian” could
understand the harm in blasphemous speech, Avory asked
the gentlemen of the jury to imagine “you received by post some
abominable libel upon yourself What is your first
instinct? Is not the instinct of
every man who is worthy of the name of a man—the instinct
is to thrash the man or the woman who has written a
libel on him?”73 Painting a scene of privatized media reception, Avory described a libelous publication arriv- ing by post
to impugn gentlemanly honor and thus disrupt the self-enclosure of the bourgeois home.
Like libel, Avory
implied, blasphemy is personal. It gets
under the skin.
Avory’s redescription of blasphemy as personal libel totally altered the classed
and gendered specificity of Gott’s alleged crime. He and other mem- bers of the Socialist Freethought League had been carrying rationalist plac- ards
and distributing birth control pamphlets in the streets of east London while
fending off mixed-sex hecklers (“Disgusting! Disgusting!” “You ought to be ashamed of yourself ”).74 The transposition from public street
to bour- geois privacy, then, is key to how Avory redefined religious feeling, a minor reworking of Coleridge’s crime
against decency. A theologico-political offense had already become
a sentimental offense,
linked to the cultural
regulation of emotion. Now it was reterritorialized yet again, routed
through personal defamation.
The crime of blasphemous libel, as we have seen, spills outward into a historical game of conceptual pinball in which an
interconnected cluster of mobile legal terms (blasphemy, sedition, obscenity,
defamation) keep bouncing off one another, recombining component parts in the process.
Nor
did this game end in the 1920s. In the 1970s and ’80s, for instance,
Pakistani judges reinterpreted blasphemy law once again, this
time via trademark and copyright law—making Islam a kind of
neoliberal intellectual property.75
Avory’s words—an “instinct
to thrash”—are a fitting place to close this
discussion. Blasphemous speech, he implied, elicits ungovernable affect. This feeling
is simultaneously secular
and religious, public and private, British and Indian.
It also fuses bodies to printed texts in ways that will be explored further
in part III.
POLEMICS AS ETHICS
section 295A was never quite sure what
kind of law it was. It was defi- nitely not a blasphemy
law, as Hari Singh Gour and M. R. Jayakar reminded
their Legislative Assembly
colleagues in 1927. Since the 1830s, after all, the Indian Penal Code had been a site for
reconceptualizing this common-law crime as a purely secular offense.
It was also not a personal defamation law, extending special legal protections to prophets, avatars, saints,
gurus, godlings, founders, reformers, and other sacred personalities—much to the
frustration of those who rallied behind
the “Respect for All Prophets” move- ment.
We now, coming out of part II, can see the state’s misrecognition of this
movement’s demands more clearly. Insults to sacred persons produce intimate affects.
They are not quite blasphemy, as public crime. Neither are they quite like libel, as private
offense. Rather, they hover uneasily in the liminal space between
the two.
To more clearly see the intimacy of such insults, we need to leave law behind—opening the doors of the 1927 Legislative Assembly
to explore the world outside. There, in Shimla’s lower bazaar, one
would have found a thriving branch of the Arya Samaj, the religious
society that published the Rangila Rasul or “merry
Prophet.” Established in 1882, the Shimla Samaj had, by the 1920s,
attracted several hundred members, a roster of doctors, bankers, and traders that ran a temple and two schools
and played a promi- nent role in local
politics.1 To understand the affective force
of secular law, we
need to presume that the history of “political” bodies like the Assembly
is constitutively intertwined with the history of “religious” bodies like the Samaj.
The Rajpal affair
was a bad romance, a dance between
two texts, one “legal” (295A), the other “religious” (Rangila Rasul). Where part II con-
structed a history of the former, part III does so for the latter, diving
deep into Arya Samajist polemics
between the 1870s
and 1920s. Rather
than try- ing to provide a comprehensive account
of the Samaj, I approach
the Aryas as
integral to the history of Indian secularism (thus building on Cassie Adcock’s
pioneering work).2 This
Arya history might strike some readers as excessively local
or particular. Only by attending to the particular, how- ever, can we as scholars begin to invert
the abstracting impulses of Bentham- ite law. What would it look like, I ask, to take the Rangila Rasul as a text truly parallel
to 295A, its import (theoretical, not practical-legal) just as general as that of its counterpart?
To pose this question is to ponder the relationship of law to other norma- tive
mechanisms for shaping or governing human behavior. It is to ask about law and
culture (in the early nineteenth-century sense of self-cultivation) or law and
ethics. In the nineteenth century, the seemingly depoliticized domain of ethics was often a repository for forms of law denied
official status by colonial-modern states busily delegitimizing the legal pluralisms that preceded them. Ethics was also a site for generating new forms of poli-
tics. To gesture to the breadth of this scene, I use the word ethics capa- ciously and in a loosely
Foucauldian sense to indicate a structured prac- tice of
the self that spills outward into networks of governmentality (i.e., the conduct
of conduct, both of oneself
and others) wherein
the modern state apparatus
is just one node.
In developing this notion of ethics, part III extends
part I’s argument about low or governmental secularism. Because governmentality as modern political rationality proliferates lines of governance that
crisscross “state” and “society” (resulting in
a societalization of the
state and
statification of
society), a governmental secularism cannot be adequately studied from the vantage of the state alone. Rather,
one needs to ask how state power becomes salient from within society. One would thus, for instance, trace
how the quasi-physical force implicit in legal words combines with other types
of quasi-physical verbal forces—like the force of affect. In pursuit of such
questions, I argue that religious polemics in late colonial India can be
productively understood as a mode of ethics. That is, polemics exerted an
affective force that was intrinsically connected to the work of moral reform and that overlapped with the pedagogic-behavioral regimes
of colonial law My use of the term ethics thus departs
slightly from Michel Foucault’s
oft-cited discussion of ethics as a practice of freedom, not only in empha-
polemics as ethics 139
sizing how the ethical
subject is necessarily situated within larger
struc- tures of governance (a fully Foucauldian point) but also in approaching this set of
problems via affect theory (which becomes a means of partially reframing a
Foucauldian account of subjectivation). The ethical self is shot through with
lines of force, making the subject of ethics a fissiparous sub- ject. Whether we
describe this force as moral force (recalling M. K. Gandhi and J. F. Stephen) or whether we call it affect, it often was carried by travel-
ing words that, in turn, were integral to the “moral languages” (Arya Samaj,
Singh Sabhas, Ahmadiyya, etc.) taking off in Punjab in the late
nineteenth century.3 This affective force’s history is thus also a history
of media forms. Force
lines established power relations, structuring a capillary micropolitics that
could enter into assemblage with the macropolitical structures of colonial rule—which likewise relied on moral force,
as through the “gospel
of law” (see chapter 1).
To see these fields as constitutively
intertwined is, in concrete terms, to work toward the
following argument. The Rangila Rasul was not just an object of governance, the target of legal secularism. It was also an instrument
of governance, a paper tool devised to govern the behavior
of a Vedic nation.
The arc of part III runs as follows. Chapter 7 develops an
account of the Aryas’ aptitude
for insult, asking
how libidinally cathected print media became carriers
of moral or affective force. (As in chapter 5, media theorist Friedrich Kittler is a subterranean presence.) Chapter 8 asks how the affec- tive force conveyed by religious polemics conjoined with the force of law, or a
culturalized version thereof, with Samajists crafting
a sort of Arya doppel- gänger of the Indian
Penal Code. In Arya controversies, the political became personal in a quite specific way:
legal force was used to produce shifts in the
field of personal
relations (the decisive
field for shaping
the conduct of conduct, and thus the matrix of all governmentalities). Chapter 9 contin- ues this archaeology of personalist slander
by reconstructing a slightly dif- ferent historical archive—that of comparative prophetology, the condition of possibility for both the Rangila Rasul and the “Respect for All
Prophets” movement. With attention to the transnational circulation of
middlebrow texts and popular
images, I suggest
that the cultural
formation “world reli- gions” was a structure of feeling predicated on sacred personalities. Across all three chapters, I work to uncover a cultural history of secularism that emerges from the printed word, the graphomaniacal body, and the popular
practice of comparative religion.
This cultural
history of secularism is, crucially,
closely connected to practices of controversial speech. My argument on this front is connected to
my somewhat
atypical presentation of the Arya Samaj. Typically, the Aryas appear in scholarship primarily as progenitors of Hindu
nationalism. That is not incorrect. Still,
to foreground that lineage is potentially to flatten a more complex historical landscape. To restore some of this complexity, I resuscitate
minor scenes of Arya life often sidelined by political histories (Cantonese cobblers, quick-witted colonels). I also ask how the microhisto- riographical problem
of Arya religion
indexes a larger
theoretical problem about the
conceptualization of “excessive” or “fanatic” religious speech.
To typecast the Aryas as fundamentalist demagogues is
to risk reinscrib- ing a classically liberal
bifurcation of speech into the good and the bad (per-
suasion vs. coercion, deliberation vs. polemic)
that, in turn,
relies on an implicit bifurcation of speech and bodies. By presuming that all words
nec- essarily
produce something like physical force, I mean to shift the ground of this
liberal problem-space so that new and more productive questions can come into view. Rather than “fanatic” speech appearing as liberalism’s
constitutive other, we see how a certain form of secular subjectivity
emerged via gendered, racialized, and caste bodies and their intimate relations
with print and other media objects.
sometime around 1910, an Indian
soldier bested his white
lieutenant in a round of wits. Annoyed, the lieutenant
reported the insubordination to his colonel, who then summoned the offending
Indian. “Well, Badmash [scoundrel] Arya Samajist, why did you speak rudely to the sahib?” “[But] I
am a Mussulman, Sir!” the soldier protested. He could hardly,
that is, be a
member of a Hindu organization known for its anti-Muslim rhetoric. This
deflection should have sidetracked his opponent. Yet the colonel—not one to be bested at badinage—persisted, unfazed: “Well then! You are a Mussul- man Arya Samajist!”1
A sort of Arya urban legend, this narrative has the streamlined quality of a twice-told tale, culminating in a comic punchline. Its lesson, our story-
teller explains, is that “nowadays a plain outspoken man and an Arya are
considered to be synonymous terms.” Arya Samajists
used this story and others like it to demonstrate how the British colonial
state routinely perse- cuted their religious society,
thus violating its own principle of noninterfer-
ence in religion.
The joke, however,
has a doubled edge in that it implicates
Aryas too—which is why the punchline lands. By 1910, Samajists
were so infamous for their aptitude at insult that it seemed comically
plausible to use the word Arya as a kind of meta-insult, denoting serial insulters.
A single instance of Arya insult sits at the center of this book’s account
of religiously injurious speech. To understand the Rangila Rasul—or merry Prophet, the 1924 tract
written anonymously by one Arya Samajist (Pandit
Chamupati) and published by another (Mahashe Rajpal)—we need to situ- ate it within the Aryas’ larger
penchant for pugnacious speech. In doing so,
we should also reconsider standard narratives about “fanatic” or
“excessive” religion. Too often, Arya insult has been read as evidence of antisecular or
even
fundamentalist religious intolerance, a handy synecdoche for com- munalist hate speech as such.2 The Aryas themselves told a different
story. Their polemics, they said, demonstrated truth-seeking
plainspokenness. There was, to be sure,
some irony in a society
dedicated to the Vedas (texts not known for their verbal
transparency) championing plain speech.3 Still, the Aryas were not wrong. Their insults were as much in the tradition of Enlightenment raillery and Victorian
freethought as of religious fundamen- talisms.
Or, at least, Arya insult
forces us to confront our tendency to sepa- rate the “secular”
from the “religious” by sorting speech
into two tidy piles,
the rationalist and the fanatic.
To explore a different model, I argue that Arya polemics were a mode of
ethics. That is, Aryas used bellicose (polemikós) words to shape the char- acter (ethos) of self and others. Words
exert force. Aryas
used this force relationally to direct human conduct in the name of social,
cultural, and religious
reform. This spiritual-semiotic governance acted on and through human
bodies implicated in structures of caste, gender, and sexuality, as well as
religion. The Aryas sought to reshape this intimately corporeal terrain, and they used lampoons
on prophets, saints,
and other sacred personalities
to do so.
A VEDIC MODERNITY
A central factory
of global religious modernity, nineteenth-century India produced a plethora of
new religious movements that eventually spanned the world—spreading from Cairo
to Tokyo, Fiji to Berlin, Johannesburg to Los Angeles. The Arya Samaj (Noble Society) was a major player on this transnational scene. Founded in 1875 by Swami Dayananda
Saraswati, a wandering Hindu ascetic, the
Samaj taught that present-day Hinduism was a debased corruption of humanity’s
original Vedic religion. India’s religious decline prompted a parallel
political decline, allowing invading Muslims and later the
British to conquer the subcontinent. To fashion a shining future,
India would thus have to disavow its gods and goddesses, its tem- ples and pilgrimages. What
others saw as the eternal religion, or sanatana dharma, the Aryas dismissed as so much “Brahmanic balderdash.”4
Although founded in Bombay, the Samaj rose to prominence further north in Punjab,
which Dayananda (Saraswati is his religious
order, not his surname) first visited in 1877.5 (By the 1920s, people joked that “nearly all of
Punjab’s educated
Hindu population is Arya Samaji, whether their names are in the Arya Samaj’s register
or not.”)6 Over the following decades, it established
itself across north India and, starting in the late 1890s, in dias- pora locations from Fiji to Trinidad.
Aryas managed this geographic sprawl with an institutional structure
that mirrored the bureaucratic divisions of the modern state—and, like the
state, produced bureaucratic paperwork, such as manuals of procedural bylaws.7 Local samajes
were federated into regional Arya Pratinidhi Sabhas
(representative assemblies) that were in turn
coordinated by a Sarvadeshik Arya Pratinidhi Sabha, an international Arya assembly.8 Like most new religious movements, the Arya Samaj frac-
tured as it grew, with the major
break happening in 1893 between
two fac- tions that came to be known by the names of the educational institutions that they ran: the
“College Party” (associated with meat, English, and the Dayanand Anglo-Vedic College in Lahore)
and the “Gurukul
Party” (asso-
ciated with vegetarianism, Hindi, and the Gurukul
Kangri in Haridwar).
The Samaj succeeded, the historians tell us, because it appealed to cultur- ally discombobulated urbanites who were
grateful to find Hindu tradition and colonial modernity
wrapped in a single sacred package.9 Discombobu- lation, however, was not so easily resolved.
Aryas dreamed of Vedic antiq- uity erupting into the colonial
present to redeem
India from its more recent past. Its Vedic modernity was thus founded
on anachronism and temporal
rupture, with ancient steampunk sages
wielding Victorian technology and Krishna traveling to America by steamboat.10 The disjunctive temporality of this archaic modernity
can be seen quite literally
on the title pages of Arya publications,
torn among competing calendars—Christian, Vikrami- Hindu, and Shrishtisamvat, dating to creation itself (e.g., 1888,
1945, and 1,960,852,988).11
The Aryas and their archaic modernity were important progenitors of the Hindu right that coalesced in the
1920s.12 V. D. Savarkar, the author of the Essentials of Hindutva (1923), was an
avid reader of Dayananda, probably first encountering his work at
London’s India House, run by the Arya Samajist
radical Shyamji Krishnavarma.13 One should not, however, reduce the Aryas
to that inheritance. They can just as plausibly be claimed for the Hindu left.14 Consistent critics of caste and advocates
for women’s education, the Aryas’
most visible legacies
in contemporary India
are their myriad schools and
their reinvented Hindu wedding ceremony (a ritually minimalist event sometimes described as the Hindu equivalent of a sec- ular
wedding).15 The Aryas were key players in radical
political networks that stretched from Punjab to California and linked Indian
anticolonial
revolutionaries to socialists, anarchists, and leftist
intellectuals worldwide.16 Some used this transnational frame to
critique caste injustice at home, as by comparing brahman “supremacy”
to the white retrenchment of the Reconstruction-era United States.17 Maybe some Aryas
managed to resolve the society’s political contradictions. More likely, the Samaj provided an
ideologically flexible space wherein bomb-wielding anarchists could hob-
nob with celibate pandits. It is important, I think, to preserve this complex-
ity, lest we make Hindu nationalism seem more
historically ineluctable or ideologically coherent than it actually is.
The Samaj’s eclecticism could surprise even Aryas themselves, perhaps especially at the local level. In 1924, one ordinary
Arya—a Ferozpur law- yer named
Vishnudutt—traveled to Dalhousie, another then-Punjabi town (now in Himachal Pradesh),
to attend the local Samaj’s
anniversary celebra- tion or varshikutsav (the Arya calendar was dotted with these events).
Stay- ing afterward for a short holiday, Vishnudutt was surprised to hear rumors of a “Chinese Arya”
who could be seen every morning performing ablutions in a
local canal before doing the sandhya ritual.
One morning, he went to investigate and was delighted to find
that the rumors were true. There the man was, sacred thread and all. Vishnudutt
convinced Aishashan (as Vishnudutt wrote his name) to sit for an interview later that day. Aishashan explained that he had come to Punjab from Canton in 1907 to work as a
bootmaker. After a shopkeeper friend invited him to join the Arya Samaj, he started wearing Indian clothes, including a
turban, and learning Sanskrit mantras
(although he remained
anxious about his pronunciation). He even
became vegetarian. An excited Vishnudutt hoped that Aishashan’s
story augured well for the Aryas, indicating that Vedic religion could spread
in China. He closed the interview by pelting Aishashan
with questions: Are there printing presses and books in China that report on India and other countries? (A: Yes,
of course.) What religions are in China? (A: Mostly Buddhists.)18
To find a Chinese Arya living in Punjab was, of course, unusual. It also
resonated with the Arya Samaj’s globalist aspirations. Pandit Chamupati, the Rangila Rasul author
and editor of the Arya monthly that printed Vish- nudutt’s
interview, would himself travel to British East Africa a year later, in 1925.
There, he promoted Vedic religion to diaspora Indians as well as, apparently, Maasai,
Kikuyu, and other African audiences
who might be persuaded to join
the Samaj in its Vedic modernity. Chamupati’s celebra- tion of Dayananda as a “cosmopolitan sage” was caught up with this global-
ist project.19 So too was his polemic
demotion of Muhammad
to a status beneath that of the celibate
swami.
VEDIC PUBLICITY: MEDIATING THE ARYA PUBLIC
If such polemics provoked controversy, there was nothing new in this. Vedic modernity had been contentious from the start. To build up the Vedas was to tear down everything else, and the
Aryas were heavily invested in both projects,
mandan and khandan. Thus, Dayananda’s magnum opus, the Saty- arth Prakash (Light of Truth, 1883) spends ten chapters explicating Vedic texts and describing the ideal Vedic society before,
in its final four chap- ters,
polemically attacking the major anti-Vedic sects (vedviruddh mat): the purani, jaini, kirani, and kurani religions—Puranic Hinduism, Jainism,
Christianity, and Islam.
Note the order.
The book’s polemic
against Hindu- ism comes first and, in sheer size, dwarfs
everything to follow. The chapters on Christianity and Islam were
literally an afterthought.20 Although they later became famous for
anti-Muslim rhetoric, the Aryas sharpened their tongues on traditionalist
Hindus, whom Dayananda railed against at pil- grimages like the Kumbh Mela and in traditional centers of learning like Banaras. Even the word Arya implies an argument: it displaces the word Hindu, marking a
religious identity defined by its polemic departure from the Puranic past.
Aryas talked about
their polemic activities in various ways,
but if there was an organizing term for their efforts, it was vedprachar. They tended to translate
this as “Vedic propaganda,” presumably echoing propaganda’s longstanding association with Christian missions
rather than the more “sin- ister meaning” (to
quote a 1929 source listed in the Oxford
English Diction- ary) that attached to it in the early twentieth century.
I opt for the more neu-
tral “Vedic publicity,” thus stressing the resonance between
the etymology of prachar (going forth) and a classic account
of media publics
as collectivi-
ties defined by the diffusive
circulation of texts.21 Vedic publicity, I suggest,
organized a historically distinct discourse network or inscription system— that is, a tangle of technologies for recording and
reproducing words and other signs. These technologies include the speaking human body (refracted
through race, caste, and gender) as simultaneously a condition and an effect of
shifting media networks.22
For millennia, Vedic hymns had been oral-only, transmitted from father to son within particular brahman
families through highly disciplined (and remarkably accurate) recitation practices.23 Although
speech (vach) was sometimes figured as female, Vedic speech acts were
inseparable from brah- man male mouths.24 The
brahmanical
body was a communications medium and its specific
affordances were crucial to defining the sanctity of the Vedas. By
restricting their circulation, it safeguarded them from the ritual pollu- tion associated with other kinds of mouths, whether
female or subordinated caste. Indeed, the brahman was arguably defined
around an ideal of pure speech that took the unspeaking body (associated with Dalits, as figure for pure physicality) as its extimate other—with writing, or touchable speech, thus occupying
an ambivalent site within the brahmanical sensorium.25
Dayananda upended this discourse network by transposing the Vedas into
what, in 1870s India, was still a novel medium—the printed book. Aware of this novelty, Aryas often featured stacks of Vedic books in their visual art, a key iconographic attribute of Dayananda’s
saintly body as recorded in pho- tographs and
then reproduced in other lithographed images. Oral “texts” become paper
objects, stacked neatly on an ornate side table (see figure 5). Indian scribes
and pandits had, of course, cherished manuscripts for cen-
turies, and in some ways print simply intensified
this old affection.26 Still, printed books were different. Print inscribed the Vedas onto paper, turning them into machine-made objects
that anyone, in principle, could touch. At first, efforts to
print shruti verses (“that which is
heard,” the most sacred class of Hindu “texts” or “scriptures”)
discomfited traditionalists, who worried that cheap paper might pollute or
demean these sacred sounds.27 Even as religious traditionalists embraced
print, they continued to view it as con- spicuously
modern, surrounded by such novel literary genres as the pref-
ace.28 Print was tinged with empire. Since the 1810s, Protestant missionaries had been proliferating print
artifacts at an astonishing pace.
In the 1860s, a single
missionary group in Punjab, the US-based Ludhiana Mission Press, printed 1.3 million books, distributing twenty-five thousand at the Kumbh
Mela alone.29 Orientalist scholars pushed print too, synergizing with the missionaries. Tellingly, Dayananda probably first encountered the Rig Veda
in book form in 1866, when a missionary showed him Max Müller’s trans- lation. He later, in the Satyarth Prakash, lambasted Müller. Still, Orientalist bookishness was hard to resist: the Gurukul Kangri
went on to collect mul- tiple volumes
of Müller’s Sacred Books of the East series.30
Aryas proliferated paper—books,
tracts, pamphlets, magazines, news-
figure 5.
“Maharishi Shri Swami Dayanand Saraswati” (Is Chitra ka Photo Maharaja Shah- pura se Prapt) (Maharishi
Shri Swami Dayananda Saraswati, based on a photo taken by the Maharaja of Shapura). Shitalprasad Vaidya,
Shrimaddayanand Chitravali (Calcutta: Vedic Pustakalaya, 1925). © The British Library Board. Shelfmark
Hin.D.1519.
papers, leaflets,
handbills, letters, telegrams, and more, only a fraction of them literally “Vedic.” They also made and circulated lithographed and other images, including
magic lantern slides.31 Their built environment was adorned with
words, with gold-lettered banners festooning mandir (temple) walls and reading
rooms adjoining these ritual spaces.32 These texts were notably multilingual. The Aryas famously advocated for Hindi
and Sanskrit, but
they seem to have published at least as heavily in Urdu and English.
They also sometimes
published in Panjabi,
Gujarati, and other regional languages.
Arya books were never separable from the bodies that used them.33 The most paradigmatic Arya bodies were
perhaps the itinerant speakers who, starting in the 1880s,
fanned out across
the villages and cities of north
India to do Vedic publicity. Many were volunteers. Some were paid.34 A few were unwanted (in the early years,
unidentified sadhus seem to have wandered around
claiming to speak for the Samaj).35 Pracharaks usually preached alone or in small groups.
Sometimes they formed
massive proces-
sions and marched through city streets, chanting
printed hymns, reciting printed texts, and raising aum flags, emblazoned
with that sacred syllable—a
multisensory display with a predictable tendency to annoy
the neighbors.36 Especially in urban settings, acoustics were a challenge. To project over
a crowd,
pracharaks
sometimes stood on each other’s shoulders.37 At other times, persistence paid off. One Arya recalled
how on his first day in the Jalandhar bazaar
only two dozen men gathered on the carpet he had laid before him, while all
around shopkeepers chatted and smoked their hoo- kahs. To compensate, he upped the volume, shouting
his Sanskrit mantras before explicating them in
Panjabi. More men trickled over. The next day the crowd swelled to a hundred and, by the fourth, to two hundred fifty. Eventually, listeners even left their hookahs behind.38
That outdoor crowd would have been overwhelmingly male, although likely mixed in terms of caste and community. Indoors, at rented lecture halls and Arya Samaj mandirs, pracharaks could
better accommodate mixed-gender audiences, while otherwise restricting
attendance.39 At the 1879 celebration of the Lahore Samaj’s
anniversary, for instance, a crowd of men
gathered on blankets
while women sat in an upstairs gallery,
keeping purdah. All gazes, male and female, converged
on the lecture platform near the havan-kund (ritual fire altar) where male speakers held forth in Hindi and English on social reformist topics.40 Some years later, at the 1886 anni- versary celebration, a woman—Mai Bhagavati (see figure
6)—also gave a lecture, speaking with propriety from behind a screen. Hidden
from sight but not verbally
constrained, she explained to her audience
that abusive husbands would
be reborn as dogs and then “kicked
and beaten.” Male lis- teners reportedly met her
claims with “incredulous smiles.”41
If Vedic publicity was a mode of speech paradigmatically defined around,
but not restricted to, bourgeois adult men, its internal contradic-
tions perhaps came into clearest view around the figure of the Vedic girl,
figure 6. “Shrimati Mai Bhagavati-ji.” Shitalprasad Vaidya, Shrimaddayanand Chitravali
(Calcutta: Vedic Pustakalaya, 1925). © The British
Library Board. Shelfmark Hin.D.1519.
educated in Sanskrit and modern-standard Hindi at Arya schools. Take, for example, Ved Kunwar, an Arya Kanya
Pathshala (girls’ school)
student who in 1896 delivered a
lecture to the Meerut Arya Samaj. As a “slight girl,” she demurred, she
could add very little to the “charming and quite long” speeches already
delivered. She then politely reprimanded her “dear fathers and brothers.” “Are
you going to reform the country through little ‘lectures’?” she demanded, using the English
word. “Can the mouth become
sweet just by saying ‘sugar,
sugar’?” Even schoolgirls laugh at the hypocrisy of Arya
gentleman who throw
their children weddings in “a wholly Vedic style” after having
educated them mostly in English and Urdu. They should be doing more to promote Sanskrit, and girls are the key. Real reform
will remain impossible
until “Arya dharma sprouts in women’s hearts.” Stop building college after
college for boys and invest seriously in women’s education.42
Boys’ schools were indeed central to the Aryas’ educational mission, cul- tivating specific styles of
Vedic masculinity. Language training in Sanskrit and Hindi happened alongside
yoga, team sports, and even Boy Scouting, with
control of speech
and of the male body (e.g., through
restraining from
masturbation) seen as constitutively intertwined.43 The key to the “Aryan ideal of
education,” as Pandit Chamupati explained in 1927,
was sexual “con- tinence.”44 Combined with the fresh mountain air of a place like the Gurukul Kangri,
it could restore the vigor of dissipated colonial youth. Dayananda was a model
of both modes of self-control, of tongue and flesh: a lifelong celibate, he was famed for speaking
only truth.
The Arya network of girls’ schools articulated a different set of gendered ideals. Even as institutions like
Jalandhar’s Kanya Mahavidyalaya or women’s college (established in 1890) and Dehra Dun’s Kanya Gurukul
(established in 1923) educated
a generation of prominent Indian
feminists, they also idealized bourgeois
women as physical embodiments of tradition seques- tered in the inner sphere of the home.45 Arya women and girls thus occupied a doubled
position, both in and out of public
view.
Ved Kunwar seems to sense this doubleness, exploiting
the internal con- tradictions of her rhetorical situation by simultaneously laying claim to and
disavowing the colonial public’s established speech genres. By presenting
public speech as something men have and girls want, she casts herself as a liminal
subject, both public
and not. She reads the newspapers and is
perfectly capable of giving lectures, yet she remains marginal to these anglo- phile cultural
forms—which is precisely
why she is able to speak from and
for the feminized “heart” of the nation. This Vedic girl is doing the work of Vedic publicity, preaching to hypocritical men who “have raised a ruckus giving
lectures but, in terms of action, have zero to show.”46 She is just not using the term prachar to describe her speech. Her lecture is further con- tained in its printed version (edited by a Doctor Ramchandra Varma), to which is
appended an advertisement for powdered soap (“cheap,” “good for all purposes,” and “lard-free”) that would seem directed at a female readership. The advertisement
literally domesticates this not-quite- public text.
I do not know whether Ved Kunwar or Dr. Varma
gave the printed
ver-
sion its title,
Chota Munh, Badi Baat (“little mouth, big talk”).
Still, the Hindi idiom (indicating speaking above
one’s station) is suggestive, underlining Ved Kunwar’s
diminutive stature and thus the human body as semiotic apparatus. Her grand words exceed her slight frame yet remain irreduc- ibly physical, acting
upon bodies of various kinds. Although Ved Kunwar draws a distinction among mental (manasa), verbal (vacha), and effective (karmana) action,
praising deeds over mere words, her lecture undermines her speech
typology. It is a demonstration of how to do things
with words, taking speech itself as a form of action—a
means of exerting force on human bodies.
FORCE OF WORDS :
POLEMICS AND THE PRACTICE OF TRUTH
In this, Ved Kunwar’s words are typical of polemics more generally. Etymo- logically, these are bellicose
or fighting words, words analogized to war. A certain strand of liberal theorizing
about speech has tended to see polem- ics as illegitimate precisely because of their implicit
physicality: delibera- tive reason should work on the mind alone, eschewing physical
coercion as well as sensuous, flowery rhetoric.47 (Liberalism, as key
semiotic ideology of secularism, likely owes something here to
Protestantism, with its constitu- tive
mistrust of material signs.)48 Yet this occlusion of affective materiality
distorts our understanding of actual
speech. Surely all forms of verbal per- suasion
exert physical force, or something like it.49 If we want to
understand religious polemics, we need to ask how this force works.
Where classically liberal speech theory presents deliberative reason as
constitutively removed from power (dismissing polemics as illegitimate speech because
they are so obviously shot through with power relations), a nonliberal speech theory might take power as constitutive of all discussion, both good and bad. Thus, by
one influential account, polemics are defined by their
antirelationality. Polemical speech is speech that tries to cancel
or destroy the opponent, foreclosing relationship and immuring
the self within a
wall of words. Dialogue, by contrast, establishes a verbal power relation in which both parties submit
to the truths that emerge immanently
through conversation, risking
that they will be changed
by those truths: the self that exits
a dialogue might not be identical to the self that entered. This scenario is quite different
from the liberal scene of
self-contained indi-
viduals freely entering and exiting
debates. Here, dialogue is an agonistic process of mutual subjectivation. It is
a force relation.50 Surely something similar could be said for
polemics too: rather than being purely antirela- tional, they simply establish force-relations of a
distinctive kind. If this is true in one way for face-to-face communication, it is true in another way when
speech is disseminated through media technologies that might, at first glance,
appear constitutively nonrelational—a sort of speaking into the air.51 To explore these
varieties of verbal
force, let us turn to the archive of Arya polemic.
Aryas, to be clear, routinely denied that they were engaged in polem- ics. In the
Satyarth Prakash, Dayananda insisted
that “the purpose of a human birth is to judge between truth and
untruth and to help others do the same, not to engage in debate [vadvivad] and conflict”; he then promptly commenced a hundred-page diatribe
against Puranic Hindus.52 Similarly, before an 1877 debate with Deobandi
Muslims and Protestant missionaries, he rejected the
Deobandis’ proposal to join forces against the Christians, explaining
that “hostile opposition to anyone” is “always inappropriate” and insisting
that debaters should strive to “decide truth” while “dispensing
with partisanship.”53 These ideals faltered
when debate began: participants
reportedly mocked each other’s religious doctrines, clambered shouting onto
tables while still wearing shoes, and dispersed before the planned event concluded.
Why these disavowals of polemic intent, when polemic was so clearly occurring?
There were perhaps legal reasons, linked to the Indian Penal Code (see chapter
9). Dayananda was also probably aware of classi- cal Sanskritic norms that valorized “truth-directed” debate
over “victory- directed” and “destruction-directed” debate.54 He purported to be doing the first of these,
while excelling at the latter
two.
Aryas did, however, understand speech as exerting a
kind of force. They wrote about Vedic publicity as a set of techniques for
the tandem governance of self and others—ideally reshaping both in the process. “What is a pra- charak like?” asked a 1945 article.
He should be like a good doctor,
one who studies his patient
before offering treatment rather than mindlessly apply- ing formulas
from books. “It is absolutely necessary to take the measure
of the place, time, and situation” before preaching to a public,
and it is equally necessary
to calibrate the pracharak’s
own character, ensuring that he stays “established in truth and good conduct.”
“For the preacher, the endlessly difficult
and endlessly necessary thing is this: to be able to thoroughly study the
situation in which he wants to do publicity and to be able to alter himself [apne ko parivartit karna] in accordance with it.”55 The self bends toward its
rhetorical situation, with speech an occasion for the disciplined
inhabitation of truth—a relational force extending between
speaker and listener, chang- ing both in the process.
Actual pracharaks struggled to live up to these high ideals. Rushing
from town to town, their dreary third-class-carriage lives severed the
outward work of prachar from
the inward work of self-improvement (atmoddhar)
and thus prevented pracharaks from providing a model of how to lead a spiritually “new
life year-round.”56 Because men pinballed haphazardly from one
local Samaj anniversary celebration to another, they became “speech- giving machines,” as one experienced pracharak put it. The harried
traveler would neglect his own physical and ritual health and further
forget to tai- lor his message to particular audiences, as by asking “Has my
instruction had any effect?
What is the real situation
of the members? Who among them needs to have particular topics
explained?” This is why, the article
suggests, audiences treat pracharaks’ lectures
as fleeting entertainments, akin to songs in a theater
hall. It has become impossible “for a relationship to form between
student and instructor, pracharak and
public [ janata],” just as in modern
schools where the traditional bond between guru and
disciple is severed.57 This last claim rhetorically links Vedic
publicity to Arya educational institutions, which tried to reestablish the guru-disciple bonds of ancient ashrams. Yet can a
lecturer ever establish individualized, dura- tional bonds of this sort? He exists within the more diffuse cultural
space of the public,
necessarily experimenting with the creation
of new and perhaps more ephemeral kinds of force
lines.
Consider the following
anecdote from the so-called golden age of Vedic
publicity. In 1879, young Munshiram’s atheism
had his father worried. Father drags son to a public debate featuring
Dayananda. Booming words have the desired effect. Son draws toward swami.
After attending several debates on his own, Munshiram approached Dayananda: “My lord, your powers of
argumentation are very strong. You have silenced
me, but not given me the
belief that God exists.” Dayananda laughed in reply: “When did I promise that I would give you faith
in God? Your faith in God [parameshvar] will
happen when God himself makes you a believer.”58 What we see happening here is something other than
liberal persuasion. Argumentation does not itself provoke a
change in opinion or belief. Rather, Dayananda’s words exert an
almost physical force, silencing Munshiram (unko chup to kara diya) until God himself—an inward affective
force—can transform his mind. If Dayananda appears here as a kind of guru (a title he disavowed), his guru-
dom unfolds from within the bustling spaces of public speech.
Transformation took time. Munshiram did not
officially join the Arya Samaj for another
five years. At his final induction ceremony,
he was asked to deliver an impromptu speech. The request, he later recalled, hit him like a lightning bolt. Although he had spoken in classrooms and courts (he was a lawyer), he had
never “given a speech before a large gathering of the general public [sarvasadharan]. As
I got up, it seemed
as though I would just
reveal
my inner feelings.” He then found himself lecturing about how no one should become an Arya preacher if he cannot fashion his life strictly on Vedic principles. To do the “sacred work of religious publicity,” the pub- licist’s “thoughts” and “deeds” must perfectly align.59 His lecture performa- tively enacted
that very principle. Because Munshiram discovers his
inner state (andar ki bhav)
through the act of speaking, inside and outside seam- lessly
coincide. Encounter with the public changes him, with the lecture a technology
for elucidating his own inner truth. Did his lecture shape any of his listeners
as Dayananda’s lecture once shaped him? If so, this speech event would have established a clear force line between
subjects, realigning embodied
religious selves via public oratory. This is polemics as ethics, a means of shaping self and other.
THE SPIRITUAL GOVERNMENT OF ALL AND EACH: REFORMING THE HINDU RACE
These
Arya others were multitudinous, linked to a colonial imaginary of number. In a
1925 paean to Dayananda, Pandit Chamupati wrote that
“he multiplied numbers, and made it his special business to reform each indi- vidual
internally. Without numbers his idea of reform should have remained only an
idea; without individual reform the very numbers he had gained should have
proved his stumbling block.”60 That is, and in rigorously Fou- cauldian terms, the spiritual governmentality of the Arya Samaj necessarily operated simultaneously at two
distinct registers—that of the population and of the individual, of all and of each—with
these registers remaining in persistent tension, an irreducible dialectic at the very center of Vedic
publicity.
Numbers were always important to the Aryas. The first all-India cen- sus was conducted
in 1871, four years before the Samaj was founded.
Over the following decades,
census and Samaj
developed in tandem.
The census played a pivotal role in the reorganization of religion in late colonial
India,
allowing “Hindu”
and “Muslim” to re-emerge as statistically determinable populational identities.61 The Aryas had a vexed relationship to these
cat- egories, insisting in 1891 that they be listed in the census
as “Aryan” not “Hindu,” then flipping positions
in later censuses
to claim a Hindu identity (“They cannot have it both ways,” complained a census administrator in 1931).62 Their obsession with numbers elicited
criticism on several
fronts. In 1893, a prominent
Samajist complained that the “Arya Samaj has recognized
the principle of numbers somewhat too freely” in its internal
governance, deferring to “universal suffrage” instead of wisdom in decision-making.63 In 1927, the Muslim Outlook complained that the Samaj understood democracy overly simplistically as
“government by the counting of heads.”64
Counting was central
to the work of Vedic
publicity. Take, for instance,
an essay on dharm prachar by Pandit
Lekhram, the prominent polemicist murdered in 1897 for his slanders of the Ahmadis. In it, Lekhram tries to awaken “our Arya jati [race, nation, caste],” still “sleeping the sleep of Kum- bhakarna” (the drowsy giant in the Ramayana) while its “dharma is being
destroyed” and its “children are becoming barbarians [mlecch].” “Brothers, open your eyes for
God’s sake. Awake from sleep!” His fellow Aryas needed to be alert in order to solve a mathematical word problem: If, in the eight centuries
since the coming
of Islam, the Hindu population has, through conversion, decreased
from two hundred
forty million to two hundred
mil- lion, how many years will it take to zero out? Four
thousand years, Lekhram tells us. That
might seem like a long time, but Christian missionaries will accelerate the decline. Fortunately, there is a solution. The ancient philoso- pher Shankaracharya brought
a quarter billion
Buddhists and Jains
back to the Vedic fold, making them do penance (prayaschit) before investing
them with the sacred thread. Modern Aryas should do the same, joining
with their “lost brothers after putting them through a
purification ritual.”65
Vedic publicity might begin with words. But especially when directed
toward Muslims and Dalits, it would end with a ceremony that inscribed religious change
into the body.
Arya shuddhi or purification ceremonies built on forms of ritual
penance with a long history.66 The Aryas put that
penance to a new and controversial use. Their earliest shuddhi ceremonies, in the 1870s and ’80s, were performed on individual converts. In the late 1890s, they began doing shuddhi en masse, with hundreds or even thousands of bodies “purified” (a term dripping with caste
ideology) in a single go.67 Some ceremonies were highly publicized.
Others were homespun affairs, like the ritual hosted in 1903 by an
Amritsar lawyer for a bureaucrat acquain- tance whose father had converted to Christianity; guests included Muslims
and Christians, all
of whom sat on a carpet in the lawyer’s home and received sweets from the convert.68
The Aryas wanted
to correct for caste injustice, yet they never
quite managed to break free of their privileged-caste
presumptions.69 Their atti- tude toward Dalits was frequently paternalistic, or at
least parental (one 1926 article imagined Dalit multitudes crawling into the
Samaj’s “mother- shaped lap”).70 The very idea of shuddhi, moreover, reinforced the symbolic hegemony of caste by implying that Dalit and Muslim bodies
were impure. (Dalit
intellectuals noticed these hypocrisies: Swami Acchutanand,
the erstwhile Arya who later founded the Akhil Bharatiya
Acchut Mahasabha and Adi Hindu Movement,
described the Samaj,
in 1912, as a “deceit
of the Vedic religion
devised to protect
Brahmanism.”)71 The Aryas did create
avenues for subordinated-caste mobility—prodded by subordinated-caste groups impatient with Arya indecision. But that
mobility, in turn, provoked dominant-caste resistance, with subordinated-caste
Aryas bearing the brunt of the backlash. Dominant-caste Aryas sometimes
sprang to their defense; for example, when brahman cooks at a Samaj
school refused to serve subordinated-caste students, their
dominant-caste peers protested and got the cooks fired,
if only temporarily.72 Perhaps
more often, attempts
at caste mobility
ended in tragedy. In 1903, a group of Dalit converts in Punjab, their heads
newly shaved from a shuddhi ceremony, entered a dominant-caste shop and were promptly beaten for their transgression.73
The Arya Samaj was shadowed by such violence, especially when ply- ing its politics
of number. In the early
1920s, Aryas substantially expanded their shuddhi campaigns,
targeting entire communities like the Malkanas, a north
Indian Muslim Rajput
caste. To some,
this seemed like a “collective political attack
by Hindus on Muslims,” creating
so much “ill-feeling” that the communities were “ready to cut each other’s throats.”74 The immediate
context for the Rangila Rasul, this ill-feeling also
foreshadowed the horrors of Partition some twenty years later.
Furthermore, Arya rhetoric of the 1920s and ’30s had
clear parallels with and empirical connections to the Hindu-Aryan myth gaining traction
in Germany.75 Both stoked fear of small numbers.76 In Hindu Sangathan: Sav- iour of the
Dying Race (1926), Swami Shraddhananda—Munshiram, whom we met above, now under a renunciant name—recounted how, after seeing
the 1911 census, he tried to tabulate the rate of decline of the “Indo-Aryan
race” and failed. He then resolved to become a “mere student
of statistics,” his
ascetic-religious discipline absorbing mathematical discipline.77 What race means here is something
of an open question: at times, Shraddhananda
seems to use the term as a near-synonym for samaj;
it may be an English calque on jati or another word indicating
“community” or “nation.” Still, Shraddhananda’s book clearly
echoes the racialized ideas about numeric nationhood gaining currency elsewhere in the world.
These religio-racial ideas were biopolitical ideas, understood via the
gendered, reproductive capacity
of populations. They were also, in the case
of the Aryas, semiotic ideas. Ved or dharmprachar linked words to bodies, purifying the flesh by retraining its speech. If shuddhi was one means of ritu- ally rewriting the religio-racial
caste-Hindu body, then Vedic education was another. “A pious
and righteous person
who has correctly read and under- stood the Vedas and who never deviates from their teachings
in his practice is a Brahman, be he or she the native of
America, Europe or Aryavarta itself,” explained
an Arya pensioner in 1902.78 Caste, in other words, was to be
based not on biological-familial inheritance, but on acquired virtue.
This meant that caste reform implied a parallel restructuring of the family and, with it, gender and sexuality.79 Much of this reengineering was meant to happen at neotraditional ashrams
like the Gurukul
Kangri. Its ascetic teachers
would become like parents, displacing biological family to remake the pupil’s body as twice-born
(i.e., dvija,
dominant-caste Hindu). It takes “a philosopher to handle an infant,” explained one 1902 document, with the male teacher like a second mother, the medium or “means of bring- ing forth
or giving birth to . . . the spiritual, the emotional, the intellectual
element” in the child.80 According to Chamupati, these philosopher-ascetics were “literally
parental. The Veda places the brahmachari [celibate
student] in the womb of the Acharya, meaning
that the latter should be as solicitous of the welfare of
the disciple as the pregnant mother is of the embryo.”81 Here, “the Veda” (that
nebulous noun, never quite equivalent to the four actual samhitas) produces
a gender inversion, both feminizing the philosopher
and turning language education (whether in Sanskrit
or Sanskritized Hindi, as Arya bhasha or Aryan language) into a ritual of purification, of rebirth- ing biological bodies into the symbolic order
of an ostensibly meritocratic caste system.
PRINT AESTHETICS, BODI LY AESTHETICS
The gendered,
religio-racial caste body was on fulsome
display in late colo- nial tracts and pamphlets, which strongly foregrounded physicality. Even
their titles
were colorfully corporeal: “A Slap on the Face of Dayananda Saraswati,” “A Slap
on the Face of Critics of Pilgrimage,” “A Nose Ring in Arya Samaj’s Nose,” “Pandit Buddhdev’s Foot on Rishi Dayananda’s Head,” “The World’s
Foot on the Arya Samaj’s
Head.”82 This litany of physical
assaults suggests a performative truth:
print can seem to deliver
a physical blow,
transmitting pain to its readers. This was not a new phenomenon; such titles were also common in early modern polemics.83 Inevitably, however, it assumed historically specific contours.
Late colonial print polemics invoked bodies frequently and in gro- tesque ways, with routine
references to sexual
acts and scatology. Sana- tanists, for instance, were described as “eaters of night soil.”84 Such rhetoric
could create legal trouble under the Indian Penal Code, as when the Arya Musafir (Arya traveler), a journal
associated with Lekhram, alleged
that the Prophet Muhammad
prescribed to his followers the medicinal ingestion of his own and also camel
urine, as well as asking
them to drink
from a basin of
water in which he had washed his hands and expectorated. Another Arya Musafir article
alleged that a premodern qazi told his tax collectors to spit in the mouths of non-Muslims while levying jizya. Obviously offensive, this
somatic imagery presumably played on caste-Hindu anxieties about saliva as carrier of ritual pollution.85 It may also have recalled Ayurvedic notions of auto-urine therapy. It was certainly, in context, a means of deflect- ing a charge that Muslim-owned publications had apparently leveled
at Aryas: that participants in shuddhi ceremonies were required to ingest all five sacred products
of the cow, including urine and dung, so that the Samaj could
later blackmail them about having undergone this indignity.86
Even if all such claims
were bogus, this obscene exchange
succinctly captures an important literary register of nineteenth-
and early twentieth- century religious
polemics. Polemic was not an ethereal domain of theologi-
cal disputation. It was a bawdy arena of embodied being. “Aesthetics is born as
a discourse of the body,” the literary theorists tell us, recalling the word’s Greek
etymology.87 In this sense, late colonial religious
polemics were aes- thetic texts. They
took the body as both message and medium, writing about the flesh to produce
strongly visceral effects
on the bodies that read and cir- culated them. Affectively supercharged, these tracts tactically transgressed caste, gender, and religious norms to position
the porous human
body as a site
of public contestation.88 They developed an aesthetics of disgust (ghrna) that relied on the affective dispositions of the
caste-Hindu body—at times working
to reform the caste-based distribution of the sensible
toward a more equitable affective order, at other times clearly operating
in excess of
reformist imperatives or in service of communalist rhetoric. Aryas often
redirected savarna disgust away from Dalits and toward Muslims.89
If religious polemics had a bawdily carnival
sensibility, this was perhaps because
they poached on festivals and fairs, adapting
the aesthetic of open-
air debate to the printed
page. A raucous form of outdoor entertainment— often the best show in town—public debates were sometimes explicitly described
as “fairs” (mela), and their carnival
conditions implicitly granted debaters
a “license to insult,” as Usha Sanyal suggests.90 There were no clear rules governing
most debates, nor in many cases even a clear way to decide
the winner. A certain degree of chaos thus reigned—with, for instance, a speaker dwelling at length on the meaning
of the word virgin in the Chris- tian scriptures to titillate his audience.91 While the Aryas
mistrusted fairs— they tried
to discipline and desexualize traditional festivals like Holi by
devising wholesome holidays like the Gurukul Mela, a sort of ascetic anti-
carnival—it is hard not to feel the carnival impulse
in Arya writing.92 Aryas delighted in topsy-turvy debasements of the sacred.
How actual readers reacted to any of these printed texts is mostly im-
possible to know. Reception happens
off the record. The print archive does, however, contain
clues about what Arya readers
may have been doing,
which—as is often the case—probably departed from what writers imagined. Or so, at least,
one is inclined to speculate upon seeing the dedication page that prefaces a 1928 edition of Pandit Lekhram’s collected works (see figure 7).
This book invites its buyer to bestow it as a “gift of love,” bequeathed “in service”—presumably
to the Arya cause. Given Lekhram’s bloody legacy,
love might not be the first emotion one would associate with his writings.
Still more jarring is the woodcut baby Krishna at the bottom of the page— not only a cardinal
instance of Puranic
religion, but also one thought
to induce in viewers an affective state (vatsalya bhava, relating to God as cute child) that would seem flatly at
odds with fiery religious polemics.
These are probably rote words and symbols,
common on dedication pages of the
period. That they appear here suggests the difficulty Aryas faced in
extricating themselves from the visual economy of Hindu material cul- ture. Perhaps a few readers did what this page invited
them to do. Perhaps none did. Either way, the page cues the necessarily speculative question of how printed words enter social life, becoming
embedded in social relations. The work of Vedic publicity
persisted as friends
passed books from hand to hand, nudging one another toward
religious reform by deploying printed paper as a tool of microscopic affective governance, transmitting lines of verbal force.
figure 7.
Dedication page in Lekhram, Aryapathik Granthavali, trans. and ed. Prem- sharanji Pranat (Agra: Arya Publishing Depot, 1928). © The British
Library Board. Shelf- mark Hin.B.7654.
SLANDERING THE PRIEST
This capillary field of personal relations was a persistent concern not just for the Aryas, but also for late colonial socio-religious reformism more
broadly. “Personal animosity,” as one historian
notes, peppered Aryas’ criticisms of other religions “from the very beginning.”93 There was a good reason for
these personalist insults: they were a key means by which Arya polemicists
sought to reshape the moral character of the nation.
Personalist slander was a tool of ethics, targeting allegedly unethical behavior and exposing it to public view so that the print public would become an
instrument of moral reform. Ad hominem
attack was not a gossipy
side show to the work of
religious reform, as expressed in theological disquisitions. It was
integral to that work, the site where reform’s interest in ethical
subjectivation was most evident.
In late colonial India, religious authority was in
flux. Old institutions were reinventing themselves and their associated sacred bodies (pirs,
puro- hits, ‘ulama, sannyasis, etc.).
New institutions were also emerging, and with them a new set of
charismatic figures: Madame Helena Blavatsky, Keshub
Chunder Sen, Shiv Narayan Agnihotri, Mirza Ghulam Ahmad,
Dayananda Saraswati, and more. These personalities were objects of
gossip, specula- tion, and slanderous accusation, with defamation a tactic for dimming their charisma. Agnihotri, the controversial founder of Lahore’s
Dev Samaj, was especially active in this regard. Dubbing
Dayananda a “Vedic
Maha-Pope,” he also condemned
Keshub Chunder Sen for declaring
himself a prophet
or paigambar—a rich claim coming
from a man who would soon don ocher
robes and announce he was a god.94
Agnihotri took the term pope from
Dayananda, who used it in public
speeches to describe false brahmans and subsequently incorporated it into the Satyarth Prakash’s narrative of how those same brahmans had buried the Vedas under priestly lies. Dayananda’s
mission was to eliminate what he called “pope-lila,” a translation of the English
term priestcraft.95 Dayananda was ecumenical in his allegations
of religious imposture. If brahmans had set up mechanical contrivances (a
bubble-blowing icon, a self-propelling chariot) to produce false miracles, so
too had Madame Blavatsky, an erst- while ally whose theosophical “humbuggery”
he publicly denounced in 1882.96 Similarly, he accused Jesus of using
magic-trick miracles (e.g., mul- tiplying fishes
and rotis) to dupe savages ( jangli log) just
as any bogus sor- cerer (siddha) or illusionist (indrajali) would.97 He derided Muhammad as a
hypocritical impostor (pakhandi)
who faked miracles to catch the gullible in his magician’s net (jal).98
The pope trope
remained a staple
of Arya rhetoric
in the decades to come,
from Lala Mulraj’s Pope Nash Mala (Rosary of the destruction of popes, 1890)
to Manasaram Shastri’s Pauranik Pope par Vaidik Top, arthat Sanatan Dharm ki Maut (A Vedic cannon on the Puranic pope, or the death
of the Sanatanist religion,
1933).99 By dismissing certain
religious authorities as fraudulent “popes”—that is, “wealth-stealing promoters of false religion” like brahmans and Christian missionaries—Aryas were able to position
themselves as “true teachers.”100 They also clearly delighted in the verbal
play the term allowed. One described how India had become a “pop samaj”
(or popish society), which was why it now needed to be remade as an Arya Samaj. Another rhymed “Mister Pope”
with “angrezi top” (English hat) to suggest the
changeable superficiality of subordinated-caste conversion to Christianity.101
Allegations of fraud were frequently paired with sexual slander. Once, at a
public lecture, British attendees made the mistake of laughing at a joke
Dayananda had cracked about the moral corruption of the Puranas. He turned scathingly in their direction to say that “if this is the lila [here, trickery] of the Puranis, then listen to the lila of the Christians,” who are so debased they no longer even feel shame
at attributing sin to God by sug- gesting a “virgin” became pregnant.102 Such comments created the rhetorical space into which the Rangila Rasul would
later be launched. In the Satyarth
Prakash, Dayananda accused Muhammad not just of priestcraft but also of vishayasakti ki lila, “the play of sensuality.”103
If the trope of priestcraft gestured toward a general framework for
understanding the history
of religions, it also at the same time aided
in the circulation of extremely local gossip. These were intertwined proj- ects, the
twinned faces of moral reform. With small print runs and clearly demarcated audiences, late colonial tracts
and periodicals were not always as impersonal as media as one
would tend to assume. In many towns and cities,
an accusatory publication could be all but guaranteed to find a partic- ular reader:
the accused, thus functioning more like a letter than a “public” document. Gossipy divulgence of private matters
could thus be marshaled
for both tactical and moral ends. In Jalandhar, Munshiram
and associates so antagonized local brahmans that traditional authorities
decided to out- caste all of the city’s Samajists; when the Samajists retaliated by threatening
to publicly expose prominent brahmans’ gambling habits and secret mis- tresses,
the brahmans backed down.104 Sanatanists,
meanwhile, were turning moral scrutiny back on Arya behaviors, as when the Sanatan Dharm Gazette reported that a
Gurukul graduate had been caught performing a “bestial act” and
demanded that Munshiram divulge the facts in his Sat Dharm Pracha- rak.105 In such contestations, print emerged as an
arena for negotiating the moral boundaries of the colonial
public, or for using that public to regulate
private or intimate life.
VIOLENCE AND THE GOVERNANCE OF RELIGIOUS AFFECT
If the Arya project
of moral reform
revolved around the force of words,
reform was inseparable from the potential
intensification of force in acts of
physical violence. Violence goes back to the earliest days of the Samaj. In the 1870s and ’80s, audiences reportedly pelted
Dayananda with stones and other objects. He would wipe the blood off his forehead with a handker- chief and keep
speaking, or simply smile and say that one day people would throw flowers
instead—or so later Aryas recalled.106 The verbal violence that Aryas
inflicted on others sometimes induced those others to commit acts of physical
violence. Aryas then used accounts
of these attacks
to depict themselves
as persecuted champions of free speech, with a sense of collective identity
forming around Arya martyrs like Pandit Lekhram.
To read government files about the Aryas from the 1920s and ’30s is to be confronted with horrific acts. In 1926, an Arya living in a block of laborer’s quarters in Rajasthan verbally
abused a Muslim
neighbor for months,
until said neighbor “finally lost
control of himself” and shot his tormentor.107 One assumes
that the abused party’s violent act brought more violence upon him, with
tragedy begetting tragedy. In 1938, a Samajist was
murdered for helping Dalits gain entry to Hindu temples and government schools
in the princely state of Indore. “They first took out his eyes by means
of nails, severed his hands and feet and then broke his head with sticks,” members
of the Delhi Samaj reported to the Maharajah.108 It seems likely that an equal or greater
violence was inflicted on Indore Dalits. There is no minimizing such hor- rors. Then as now, the most acute forms
of violence in India seem reserved
for Muslims and Dalits. The Aryas are interesting partly because of their
ambivalent position within these persistently unequal social structures—
simultaneously fostering violence and bringing it, if selectively, onto their own bodies.
I will close this discussion by considering a tract that encapsulates the
Aryas’ late colonial rhetorical moves: their ongoing
conflict with Sanatanist
Hindus, their persistent commitment to a sexual-scatological aesthetic, and their use of print media to finesse
the gap between words and bodies. In Mere Pacchis Minet (My
twenty-five minutes, 1936),
Manasaram Shastri
(a.k.a. the “Vedic Cannon”) explained how, at a recent Sanatana Dharma Conference, he was denied
his allocated speech
time by angry
Sanatanists, who silenced him by beating him
with lathis (heavy bamboo sticks).
Their
violent censorship incited more speech,
prompting Shastri to switch medi- ums and bring his planned rebuttal
of Sanatanist claims
to a print audience instead.
His published tract opens by refuting sexual slanders of Dayananda. It then goes on to detail
the salacious contents
of the Puranas: beef con- sumption, divine
ejaculate, sex workers, and Krishna transforming Arjuna into a woman before
“sporting with him in the forest and taking pleasure with him in accord with
desire.”109 Although it depicts
the Aryas as toler- ant victims of violent
fanaticism, Shastri’s tract is, unmistakably, a weapon. Indeed, its martial metaphors
commence on the title page, which describes its author, the “Vedic Cannon,” as a “debate
warrior” (shastrarth maharathi).
This paper weapon works by physically effacing and thus silencing the bod- ies of opponents. To write is to monologue, with Shastri’s
tract circulating independently of any possible Sanatanist response.
Notably, government censors
banned Mere Pacchis Minet. They also
retained a copy, now housed in the British Library’s
India Office collection of proscribed publications. The force of the state apparatus was greater
than Shastri’s verbal force. Indeed, one might suggest that this legal
force was already implicit in Shastri’s tract, circulating within the same field of social
relations that religious controversialists were contesting. The force of law, in its social life, was an immanent force that could be turned to various ends—as we shall see in the next chapter.
CONCLUSION: THE ONE ABOUT
THE QUICK- WITTED COLONEL ( REPRISE)
We thus return to where this chapter began:
the tale of the quick-witted colonel and
sharp-tongued soldier, men well-matched in banter but other- wise quite differently positioned. Only the white colonel’s words are backed by
the force of the state. This difference helps to explain what would oth- erwise seem a problem
with the joke’s implicit logic. If all excessively witty persons qualify as
Aryas, then surely the colonel counts as an Arya too. That this does not even seem to occur to our storyteller suggests a corollary rule. Arya was a
racializing term, structured by state imperatives such that only the speech of the colonized would qualify as
excessive, pungent to the point of requiring policing.
A better reading of this scene would notice the implicit excess in the colonel’s words. White violence was, after all, routine in colonial India.110
A posse of drunken
Britons strolling down a train platform at night might reach into the window of a passing sleeper
car to give a dozing passenger a “violent slap” on
the head—as happened to Munshiram in 1911.111 Such minor indignities scaled upward into
horrifically violent events like the 1919 Jallian- wala Bagh Massacre.
Counterviolences were similarly distributed between large and small.
For an example of the latter, consider
an Arya threatening publicly, in 1912, to kick
the viceroy if he ever saw him in person.112 Taken together, these violent words and
acts produced a volatile forcefield.
The colonel’s retort channels such violence,
literally silencing the soldier by bringing the joke to a close. It also
renders the man the object of police suspicion. Why do we not notice
the force in the colonel’s words? The colo- nel downplays and disavows this force by pointing to the
excessiveness of Arya speech, an act of rhetorical displacement that indicates
an arguably pervasive tactic. By reifying the distinction between state and
society, and thus occluding how the state
was coconstitutive of the social
conflicts it purported to externally manage,
the British were able to disavow state
vio- lence and displace it onto the colonized.
Pushing past that paradigm, this chapter has shown how the colonial state was not the only bureaucratic entity trying
to rule religious sentiments in
late colonial India. The Arya Samaj and other religious
organizations developed
a complementary project
of affective governance, a set of medi- ated techniques for regulating conduct. Directed
simultaneously at the indi- vidual and the population, Arya words were,
ideally, relational—establishing embodied networks of power, whether in
schools or, more expansively, in the anonymous relations established by prachar, the dissemination of the Vedic message through lectures and print publications. Even
in print, that seemingly anonymous or impersonal medium,
Aryas and their
contempo- raries engaged
in highly personalist forms of insult,
calling out individuals living and dead. Polemic
tracts were physical objects that acted on bodies, bringing those bodies into new moral-affective relations. In this, they were perhaps not so different from legal texts.
In 1862, thirteen years before
the Arya Samaj was founded, the Indian Penal
Code became law. It was thus always a structuring condition of Vedic publicity, a forcefield shaping the mobile trajectories of the Aryas’ forcefully
polemic words. Aryas were
accused of various word crimes under the Code: sedition (Section 124A), obscenity (292–4), religious offense (295–8), and
defamation (499–500). They also, in 1927, triggered the addition of a new word crime, Section 295A.
The Aryas incorporated the Code’s concepts into their polemic lexicon,
vocally alleging that their “religious feelings” had been “injured,” “hurt,” or
“offended” by opponents.1 In doing so, they made the Code their own, creating
a sort of “Arya Penal Code,” a popular reflection of the official docu- ment. The story of this Arya Code is not a tale of “law’s religion”
(i.e., secu-
lar law’s ideas about what counts as religion, constituting something like a form
of religion within law). It is, rather, a tale of religion’s law (i.e., modern religion’s
notion of secular law, as seen in popular citations of legal terms,
constituting something like a form of law within religion).2 Like other such tales, it suggests that the history
of a document like the Indian Penal Code cannot be written independently of the various
cultural doppelgängers that circulated
alongside it and shaped its social effects.
Law was an arrow in the controversialist’s quiver, with the threatened prohibition of alleged word crimes a tactic for exciting more speech. The Aryas were hardly alone in invoking the Code. When, in 1904, residents of the Rajasthani town of Khandela tried to stop the local Samaj from hold- ing a nagar-kirtan (public hymn-singing) procession, they alleged
that Arya
songs would endanger the peace, thus intimating a 153A offense. The Aryas countered by insisting that any such restriction would infringe on “religious liberty” and “deeply wound the feelings of the members of the Arya Samaj,” pairing
a 298 offense with infringement on religious freedom as overarching colonial-secularist
ideal.3 Law, it seems, was
anyone’s to use.
Consistently savvy secularists, Aryas knew how to use
secularism’s con- stitutive language game—its
irresolvable effort to demarcate the categorical boundaries of
religion—to their strategic advantage, deploying “religious liberty” as a
shield against state interference.4 It is perhaps ironic that such invocations
rhetorically inscribe the state’s symbolic power into religious practice, such
that the state becomes so-called free religion’s very ground and condition of
being. Intrapolemical citations of law work
similarly. To quote the law in silencing a religious rival is to claim
for oneself a slice of governmental authority, mobilizing the symbolic
force of the state to reshape one’s
rhetorical situation. Extralegal legal words cannot,
by defini-
tion, exert legal force. They can, however,
exert a kindred force, poaching on and partly redistributing the power of law, and thus intertwining state and society
in a shared field of governmental power wherein the state’s censorial function is widely distributed.
This redistribution of legal power was grounded in material practices,
including print-cultural practices. The Aryas’ Vedic dharma was, one could say, a paper religion—mediated by a proliferation of books, tracts, pam- phlets, broadsheets, posters, telegrams,
letters, and bureaucratic documents, from membership rosters to subcommittee minutes
to manuals of rules and regulations.
This paper had symbolic as well as practical importance. Docu-
ments in modern South
Asia have often seemed to possess an almost-magical quality, as Akhil
Gupta notes, embodying and congealing state power by concretizing its “aura.”5 This was perhaps especially true under Britain’s Kaghazi Raj, or paper empire,
with its proliferate documentary practices.6 The period’s religious movements mirrored empire by proliferating bureau- cratic paper and even—in the case of the
Theosophical Society, once an Arya Samaj ally—investing documents with
explicitly occult qualities.7
The bureaucratic document
that emitted the strongest aura for late colo- nial secularists was surely
Queen Victoria’s 1858 proclamation of Crown rule, guaranteeing noninterference in Indian religions. Aryas cited this text
to fend off state surveillance, sometimes imagining it as an actual piece of
paper. A 1909 article in the Arya journal Indar, for instance, reported that police had barged into a Samaj mandir,
interrupting the singing
of hymns. When the surprised Aryas cited Victoria’s proclamation, the police
demanded
to see a copy. Not having one, the Aryas grabbed their musical instruments and dashed out the door, later grousing
that the police “dogs”
were too illiterate to have read it anyway.8 I
am drawn to the counterfactual scene that this
article seems to imply—what the Aryas evidently wished they had been able to do, which is brandish
a bureaucratic document
to keep the police at bay. This imagined document exudes the auratic authority of the Crown, benevolently presiding over
the rancorous actualities of colonial governance.9 It is a quasi-ritual object, part of the devotional scene of the mandir itself.
What about the Indian Penal Code, a colonial-secular document
enacted two years after Victoria’s proclamation? How did the Aryas imagine
it? The following series of vignettes responds to that
question. Each implies a microargument, building
toward the macroargument of the mosaic
whole: Paperwork is never just official. It is also intimate, enabling
new associa- tional forms or forms of social life.10 To study Arya encounters with the
Indian Penal Code is to get a sense for this intimacy, seeing how the
legal governmentality of the colonial state intersected with religious governmen- tality. Indeed, it is to see how the colonial-secular state was less a bounded entity, discrete
from society, than a constellation of social practices that blurred the line between the intimate and the official.
THE MACAULAY CODE AND THE ARYA “ BIBLE”
Swami Dayananda Saraswati’s Satyarth Prakash or Light of Truth is some- times described as the “bible” of the Arya Samaj. That
label would probably have surprised Dayananda
himself, who arduously
promoted the Vedas as
quasi-biblical texts, comparable to Christian missionaries’ printed Bibles. The elevation of the Satyarth Prakash to biblical status seems to have hap- pened mostly in the early twentieth
century. It was a savvy rhetorical tactic. To call a book a
bible is to immunize it against state censorship. Bibles, by definition, are beyond the reach of secular law, meaning that if the Satyarth Prakash was the Arya bible, the British
could not ban it.11
This rhetorical move, however, elides an inconvenient
fact. Colonial law was inside the Satyarth
Prakash in the most literal
way: the book quotes the Indian Penal Code. “No statement has been put in this book with the inten- tion of causing
anyone emotional pain or injury
[kissi ka man dukhana va kissi ki hani],” wrote Dayananda in the preface to the revised 1883 edition
of the original 1875 text. He reiterated this disclaimer a few hundred
pages later, when transitioning to the book’s polemical second half, and yet again in
a prefatory note to the chapter on Islam.12 If Dayananda’s language
here recalls Section 298, with its talk of “wounding the religious
feelings of any person,” there is a good reason. A few months earlier, he had
been threat- ened with a 298 lawsuit.
In June 1882, the swami
received a letter
from the Bombay
law firm Smith and Frere alleging
that he had written the first edition
of the Saty- arth Prakash with “the
deliberate intention of wounding and offending the religious feelings
of our client and other followers of the Jain religion,” and thus “grossly insulted and offended
their religious feelings.” The client in question, Lala Thakurdas Moolraj, demanded that Dayananda either
prove his injurious claims in court or issue an apology.13 Dayananda did neither. Instead,
he hired another law firm, Payne and Gilbert, to reply on his behalf,
explaining that he had never intended to wound anyone’s
feelings but would voluntarily amend any errors in a second edition.14 In August 1882, while staying at the garden palace of the Maharaja
of Udaipur, Dayananda
wrote the new edition’s preface, with its quasi-legal disclaimer—a near-direct quo- tation of Smith and Frere’s
paraphrase of Section
298.15 This legal resonance grew louder
when Aryas began translating the Satyarth Prakash into
En- glish, with Dayananda now professing (posthumously, in 1906) that he had not meant “to hurt
anyone’s susceptibilities” or (in 1908) to “hurt the feelings of any person, either directly or indirectly.”16
It could be objected that a legal
disclaimer in a book’s preface
is ulti-
mately extraneous to that book. Perhaps. And yet prefaces
and other seem- ingly marginal
matter can have a way of revealing the performative condi- tions under which a book was written with particular
clarity. There are, in any case, other
traces of colonial
law in the Satyarth Prakash, including a probable echo of the Maharaj Libel Case in Dayananda’s chastisement of the Vallabhacharya sampradaya.17 Any religious text written in this period could probably be shown to have a few such traces.
Let us take Dayananda’s paraphrase of Section 298 as
a sort of first chap- ter in the
“Arya Penal Code.” It provides crucial insight into the social life of legally
actionable religious feelings in the 1880s, highlighting the tight imbrication of law with more personal
forms of affect.
Law here was literally a letter—one of many. Thakurdas, a Jain from the
Punjabi town of Gujranwalla, had first written Dayananda
in 1881.18 Initially, he was polite, kindly requesting
that the worthy swami provide the name of a Jain shastra he had quoted in the Satyarth Prakash that was,
apparently, not
Jain at all. When Dayananda failed to reply, Thakurdas
sent a second, much testier letter, the very first sentence of which threatens to drag the swami to court.
Dayananda still did not answer. Instead, his assistant Anandilal
Mantri responded for him, and less than diplomatically. “From your writing,
we can tell that you have no learning, nor have you spent time with learned people, which is why you can’t understand the meaning of Swami-ji’s text.”
While it true that Thakurdas was not as learned as Anandilal and was less than careful with his prose—he
mixes Hindi with Gujarati so thoroughly that he sometimes ends a Hindi sentence with a Gujarati
verb— Anandilal might still have refrained from ending his response with a chart detailing the errors in Thakurdas’s Sanskrit quotations.19 Thakurdas, pre- dictably, was not pleased. He dashed off one angry
letter and then another,
chiding Dayananda for relying on a middleman of such “ignorant stock.” “If I
have something to write, it is to you, if something to ask, it is of you, and
the legal action that I will bring will be on you, so why are you answering me via somebody else?” Anandilal
responded again to accuse Thakurdas of failing
to understand his previous letter. All that is the swami’s is his, and all that
is his is also the swami’s, mused the secretarial medium.20
As the months rolled on, letters piled up. Thakurdas enlisted
the help of a prominent Jain scholar to support his
arguments. Local Samaj secretar- ies
from Gujranwala to Dehra Dun assured Thakurdas that
they bore only “friendly feelings” (mitrabhav) toward him. (He seems to have shown up at the Gujranwala Samaj demanding that somebody give him Dayananda’s personal address.)21 Dayananda, meanwhile, remained silent.
Eventually, Thakurdas issued a public notice stating that Dayananda had caused “harsh
dishonor” to “our religion” and noting that the punishment for this
crime under Section 295 of the Indian Penal
Code is two years in prison (the legal
citation is dubious: 295 is about defiling places and objects).22 In August 1882, the very month that
Dayananda was writing his new preface, Thakurdas
published the complete correspondence as a printed tract, titled Dayanand Sarasvati Mukh Chapetika (A slap
in the face of Dayananda Saraswati). This is perhaps the ultimate act of
postal reappropriation, a redirection of unwanted mail to the prying eyes of the print public.
The conflict between Dayananda and Thakurdas was
a conflict about, among other things,
linguistic and documentary practices. All sorts
of lan-
guage jostle for space here, from learned Sanskrit to
vernacular Hindi and Gujarati to legal English (reproduced in florid cursive in
the printed text). So too do different notions of textual address. Thakurdas assumes that a
letter addressed to
an individual will be read by that individual. Dayananda speaks through
his secretary, as human communications medium. Thakur- das responds with an escalating series of public
genres—a notice, a lawyer’s letter, a printed book—two of which by
definition hail multiple readers at once. No matter how public they get,
however, these documents still ooze personal
animus, trying to inflict a reciprocal pain on their
intended recipi-
ent: Dayananda.
The swami responded eventually—in public.
His legal disclaimer, para- phrasing Section 298, clearly addresses all possible
readers of the Satyarth Prakash. It
also arguably, and perhaps inevitably, addresses Thakurdas
in particular, although it mentions neither him nor the fracas he caused. All
printed texts have an ambiguous or indeterminate addressee; they speak to all potential readers
and yet somehow
also to you specifically.23 Some texts
call attention to this ambiguity of address through devices that test the
limits of public speech to reveal its underlying rhetorical structure (“I bet
you think this song is about you”). The disclaimer in the preface of the Satyarth Prakash was indeed about Thakurdas. In its way, it was the letter he had been waiting for.
When invoking the Indian Penal Code, Thakurdas
was keen to allege that Dayananda had offended not just him but
also “other followers of the Jain religion.” This offense was a collective, and
thus legally actionable, injury. Without denying that other Jains
may have been offended by Dayananda’s
writings, I would suggest that we should slow our impulse to jump-cut from
the individual, Thakurdas, to the abstract
collectivity, Jains. In late colonial India, “religious feeling” was a presumptively populational affect. It pulled
away from the contingent particularity of a given situation and toward the abstraction
of bureaucratically legible “classes.” Legal professionals partici-
pate in this logic when they impose taxonomic gridlines, identifying certain
feelings as religious while ignoring
others. Scholars should
not follow suit. Such taxonomic
procedures replicate, in fractal miniature, the semantic
boundary-work of secularism itself.24
Whatever religious affect might be, it emerges in and through a larger swirl of feelings, many of them quite particular. Thakurdas’s sense of injury was intensely personal,
fueled by Anandilal’s classed condescension and
Dayananda’s vexing silence as much as by anything Dayananda had writ- ten. His
wounded religious feelings cannot be readily separated from this social
context. Nor can they be readily separated from their media. A let- ter is a physical object that, when opened, can feel like a “slap in the face.”
This holds for lawyers’ letters too—here, put to personalized effect. You
can almost feel Thakurdas trying to get a rise out
of Dayananda through legal paperwork.
AN IMPOSTOR UNVEILED
The Aryas also liked making private
matters public, especially in their mor- alizing
exposés of rival religious leaders. From Dayananda forward, they took slander
as a tool of moral reform, framing their exposures of hidden sin as part of a
war on “priestcraft” or “pope-lila.”25 This was the broad lit- erary context of the Rangila Rasul
(an exposé of Muhammad), as well as other Arya texts of
the 1920s like the Risala-i-Vartman’s “Sair-i-Dozakh” (A trip to hell). Its author, Devi Sharan Sharma,
protested that “his intention was only to warn everyone concerned against the
evils of reposing faith in Pirs and Gurus.”26
The Aryas’ opponents engaged in similar tactics. Thus, in Pandit Daya- nand
Unveiled (1891), Shiv Narayan Agnihotri quoted the Gospel of Luke: “Whatsoever ye have spoken in darkness shall be heard in the light; and that which ye have
spoken in the ear in closets shall be proclaimed upon the housetops.”27 Such divulgences were manifold.
Some were minor—in
1890, Agnihotri accused Lala Hansraj (a prominent Arya) of habitually eating pickled
boar’s flesh and having once,
as a youth, posed as his brother’s ser- vant so he could ride a cross-country train for free.28 Others were significant enough to land the parties involved
in court.
Such was the story of Pandit Gopi Nath v. Lala Munshi Ram and Others (1901). Munshiram,
the Arya polemicist whom we met in the previous chapter, was the
editor of the newspaper Sat Dharm Pracharak (which later became the Risala-i-Vartman) and, in this role, had
subjected Pandit Gopi- nath, a Sanatanist, to uncomfortable public scrutiny.29 He alleged, first, that
Gopinath’s father was not a Kashmiri brahman (as Gopinath had claimed when arriving
penniless in Lahore
decades earlier) and, second, that Gopi-
nath had used the prominent Urdu
newspaper his father founded, the Akhbar-i-Am, to
inflame communal feelings after the 1897 murder of Pan- dit Lekhram. He allegedly published
anti-Muslim content to court a Hindu
readership and then, when Muslim readers canceled their subscriptions,
published pro-Muslim content
to recoup them.30 Reading these allegations, Gopinath turned to the courts to clear his good name.
He was disappointed. The British magistrate ruled
that his father was an “adventurous upstart” and Gopinath
himself “an impostor
who has persis- tently played on the Hindu public for the sake of
his own aggrandizement.”31 The only question
was whether “the exposure of this impostor” was justifi- able under the defamation sections
of the Indian Penal Code (499–502). The magistrate decided
it was. Unlike in England, where criminal libel is defined by its
potential to breach the peace, the Code defined it around damage to reputation
and exempted libels that correct a public misrepresentation of the public acts
of a public man. Gopinath was indeed “a public man,” and the public
had a “right to learn the truth”
about him.32
Munshiram celebrated his
newspaper’s courtroom victory by publish- ing a
complete account of the trial in Urdu and Hindi, thus revealing “the hidden secret of Pandit Gopinath’s
public life” to the “public.” He transliter- ated that English
word into both Hindi and Urdu, as though to indicate his books’ participation in a
self-consciously modern print sphere.33 “Truth is stranger than fiction,” he explained, comparing his exposé to “novels” and “romances” (upanyasom and fasanom). Unlike such mere
entertainments, however, true stories spur social reform. To “read this
story [kahani]
from beginning to end” is to realize that charlatans like Gopinath must be purged
from all religious organizations.34 A printed exposé opens a private life to
the reading public—which is to say, to the intimate lives of those who
encounter the text and perhaps reshape
their lives around
it.
What kind of a public is this? Calvert, the magistrate, seems unsure.
Thinking from within libel law, he appears to refer to a general public
that stands in structural opposition to private individuals, with reputation
the mediating term between them. In closing his judgment, however, Calvert
pauses around another sense of the public—worried that condemnation of
Gopinath might be misconstrued as implicating “the Sanatan Dharma Sabha or the ancient
religion which it upholds.”35 Does libeling a pandit
necessarily imply a libel of his community? In colonial India, could priva- tized libel law adequately
parse what it meant to be a “public man”? Did sacred personalities serve a representative function,
standing in for popula- tions? With such questions flickering in the background, Calvert
vacillated momentarily, worried that Indian libel
law did indeed
need to consider potential breaches of the peace.
Nor was this an isolated worry. A decade later, in
1911, the Agha Khan’s wazir wrote to the viceroy
alleging that, in directing “defamatory and libel- ous language” at his boss, the Aryas were
guilty of “publishing articles likely to
cause a breach
of the peace.”36 Did this letter
allege an act of libel,
or one
of inducing
the interreligious “enmity,” described by 153A?
Is this slander personal or public?
THE CASE OF THE PURLOINED PAPERS
Sometimes the shift between
private and public
was quite abrupt,
as docu-
mented in Amar Singh v. Dharmpal (1909).37 It is easy to imagine Amar Singh’s
horror when, in November 1907, he opened the Arya journal Agni to discover that his sexual confession to his guru had been
reprinted in its pages. There for all Lahore
to read was his description, drenched in self- loathing, of his frotteuristic pleasure in brushing up against women on a packed Punjabi
train.
His words had been meant for a single reader, Shiv Narayan Agnihotri— the
Lahore ex-Brahmo who had been jousting with the Aryas since the 1870s and who,
after founding the Dev Samaj in 1887, began restyling himself as Bhagwan Dev Atma.38 In the late 1900s, it was apparently standard practice for Dev Samajis to write confessional letters
to Agnihotri. Some letters were anonymized and published in the society’s newsletter, the Jivan Tat,
for the moral benefit
of readers. Others were circulated in the Samaj’s
inner circle. A few were
labeled “secret and confidential” and filed in a locked cabinet. Amar Singh’s had been in this last category.39
As official secretary of the Dev Samaj, Amar Singh had access to the
locked cabinet, and one imagines him rushing to open it that November— only to find that his letter had been stolen, along with three others also reprinted in Agni.
He headed to the police
station to report
the theft, point- ing police
toward the obvious
culprit: Dharmpal, the Agni’s
editor. Dharm- pal was a
colorful local figure. Né Abdul Ghafur to a Muslim and possibly
subordinated-caste family, he had joined the Dev Samaj in 1898 and even worked at the Dev Samaj high school in the town of Moga alongside the author of another
of the purloined letters (Gurmukh Singh). After moving to Lahore in 1902, he joined the Arya Samaj, becoming, from 1903, one of its most fearsome polemicists—until, in 1911, he converted
back to Islam under the name Ghazi Mahmud.40 Dharmpal’s Arya writings
lean on tropes of exposure, describing Moses as a trickster “magician” ( jadugar) and outing the hidden
moral corruption of the Prophet
Muhammad.41
How did Dharmpal get the letters? Provenance was murky—and legally,
that was a problem.
Amar Singh filed suit against
Dharmpal under Sec- tion 411 of
the Indian Penal Code, concerning dishonest reception of sto-
len property. The local magistrate, clearly annoyed,
advised him to bring charges instead under Section 499
(defamation) or 153A (class hatred), as the issue at stake
was clearly “discredit, ridicule, and damage to reputation with respect to the Dev Samaj.”42 Amar Singh seems to have thought theft would
be easier to prove. He was wrong. Had Dharmpal asked a clerk in the Dev Samaj
office to steal the letters for him? Had the clerk, Mansa Ram, shown him the
originals or copies? Did Agnihotri’s wife give Mansa Ram the let- ters, such that Dharmpal could plausibly claim
not to have known they were stolen? There were
just too many empirical ambiguities. The trial took more than a year and, at the end of it, Dharmpal
was acquitted. The magistrate’s
advice was apparently warranted: practically speaking, theft was the wrong
charge.
At another level, however, it was precisely the right one. Amar Singh’s sense of intimate
injury had as much to do with the medium as the message.
The physicality of stolen paper
was affectively important, with the letter
an eroticized
object:
I did not like this,
but was obliged to do so. I could not help touching her. After a while I began to feel a sort of satisfaction and my
mind seemed to draw some enjoyment from this (contact). At intervals I separated my body (from that of the woman) by force of will, so as to avoid contact with her, but at times my heart feeling hungry for this low pleasure
and enjoyment (derived from contact) felt drawn (towards
the woman) and I
used to bring my body into contact
with hers. The effect of this was very
harmful
both on my body and soul.
After a few hours of this, Amar Singh “found how weak I still was” and “how
little strength I had to resist such temptations,” such “unlawful lust.” Only his guru could save him. “Oh my Bhagwan, who purifies the fallen. I bow before your blessed feet. It is only through
you that it is possible
for
me to be completely freed from this degradation.”43
Amar Singh’s confession letter, reopened here for the eyes of twenty-first century readers, is likely to produce an
acute visceral response precisely because
such nonconsensual scenes remain queasily common today. I quote his words
so that we might better
see how the affective materiality of Arya paper drew its intensity
from broader cultural currents that included sexual-
ity, in its manifold forms. I would also propose
using the frotteuristic tactil- ity of paper to read this heteroerotic scene against the grain.
Amar Singh’s confession letter is not just a
constative document describ- ing a sexual experience. It is a performative
document, producing and extending that experience. Prohibition, of course,
frequently incites and structures
desire in this way. Here, that structuration is oriented around the
letter’s addressee: Bhagwan Dev Atma, the very form of divine law. It is via
the guru’s body that the disciple’s “lust” becomes “unlawful,” with Singh’s
verbal performance of sexual degradation working to underscore the hierarchical
relation between the two men. Further, the structuration of
desire takes physical form in the material act of letter writing. A libidi- nally cathected object,
the confession letter becomes a medium for estab- lishing a religio-erotic relation
between men. Importantly, it is an object of touch, moving semi-anonymously from hand to hand in Dev Samaj
circles and thus partly replicating the scene of public tactility that
took place on the train—or at least ferrying that scene’s visceral charge into
a differently located (yet still physical)
paper-public milieu. Indeed, one might well insist that the scene of letter writing
was in a crucial respect
prior to the train
scene, with its touching bodies.
Amar Singh presumably knew all along he
would be reporting these events,
with his consequent sense of shame infus- ing his actions; his
guru-Bhagvan was implicitly present as Singh enlisted unwilling female passengers as tools for affectively supercharging his prior
relationship. One could take this case of erotic triangulation as revealing
displaced or disavowed desire. I would read it instead as a demonstration of both the mobility
of affect and the deep entanglement of late colonial print polemics
with the embodied
practice of gender
and sexuality, in all its socially located ambivalence. Like
religion, sexuality was never quite inte- rior or private, but rather emerged across various kinds of
public spaces.
These spaces included courtrooms and the print media that buzzed
around them. The
confession letter would seem to court publicity, putting secret thoughts onto
pages that, by definition, are prone to circulate. Dev Samaj procedure seems to
have maximized this uncertainty: letters could end up in the locked cabinet—or in print. Dharmpal’s theft was a postal
reappropriation, producing a sense of injury in Amar
Singh by violating the public/private distinction. Yet, in doing
so, it perhaps perversely fulfilled the implicit desire of
this confessional text, one always already at risk of being published. If the
act of publication fulfills the letter’s erotic structure, then Dharmpal’s theft
is implicated in its sacred
game. So too, by extension, are reading public and secular court. Law does not just govern the intimate; it is
harnessed by the intimate
toward intimate ends,
becoming an arena
for the further circulation of libidinally cathected paper
artifacts.
THE USES OF OBSCENITY
Amar Singh’s confession was tame compared to religious publications pros- ecuted for obscenity, a legal category
designed to keep intimate matters
out of public view. The Indian Penal Code’s obscenity sections were, as we have seen,
crafted in the shadow of Britain’s 1857 Obscene Publications Act and
interpreted via subsequent common-law jurisprudence, especially Regina v. Hicklin (1868)—a case concerning the resale of The Confessional Unmasked (1836), anti-Catholic convent erotica from
British-colonial Montreal with the ostensibly high moral purpose of
reforming priestly sexuality and redeeming fallen nuns. What came to be known as the “Hicklin test,” articu- lated by Chief Justice
Alexander Cockburn, brushed
this justification aside. Henceforth, intention would be
irrelevant to obscenity, a crime Cockburn defined around reception. Obscenity
rests in a text’s potential to “deprave and corrupt
the minds” of readers.44
This conceptual ground, defined around Protestant smut, was retread in late colonial India in cases like Empress v. Arya Samaj (1890).45 The case concerned an 1888 Arya tract, Aj Kal ke Sadhuon ke Kartut (The deeds of sadhus these
days) that narrated
a probably fictional debate with tradition- alist sadhus.
When the sadhus
try to prove that image-worship is Vedic by citing
Mahidhara’s
late-medieval commentary on the Yajur Veda,
the Aryas respond by quoting sections of that commentary which
refer to sex between a horse
and a human woman (the wife of the yajurman or sac- rificial
presider), with notably explicit descriptions of the relevant human and equine
anatomy.46 The cheaply priced
tract apparently proved
popular with Lahore schoolboys.47 In court, the Aryas’ lawyer insisted his clients had published the questionable passages “for the benefit of the educated public” with no intention of causing offense;
they thus could
not be found guilty of obscenity.48 The judge, citing the Hicklin test,
rejected this argument. The text would necessarily tend to corrupt morals. It
was therefore obscene.
Potentially obscene texts could also be prosecuted
under Section 153A of the Code, added
in 1898. The Aryas were involved in a 153A case just a few years later—as the injured party. King Emperor v. Ala Ram Sanyasi (1902) concerned an ex-Arya who, now an upadeshak or preacher of the Sanatan
Hindu Dharm Sabha, had been giving
incendiary lectures around
north India. One provoked
a Shahjahanpur listener
to physically assault
an Arya. Another prompted
Kanpur Aryas and Sanatanists to band together against the reckless orator. In publications, Ala Ram called
Aryas buffoons, butch- ers, cannibals, liars, asses, dogs, prostitutes, and pimps, as well as monkey-
faced, cow-eating, incestuous traitors. One article described in detail how
Aryas should be executed (a process involving
shoes, dogs, and a donkey). Another depicted Dayananda in the court
of heaven; sentenced to a prison term of 432 billion years, he is beaten with shoes and force-fed urine and feces. Yet another
article describes Aryas as children
of Bhangis (a sweeper
caste) and states that they have “mouths
like latrines” because
they eat “the ordure of Sudra men and women.” As the court laconically noted of this last comment, “the simile is expanded in a most disgusting manner with regard to Dayanand
himself.” The judge ruled against
Ala Ram, noting
that his speech had already resulted
in class enmity and violence.
Aryas celebrated by publishing a transcript of the ruling.49
Ala Ram’s writings remind us, once again, just how thoroughly a savarna imaginary of bodily purity informed late
colonial religious polemics. Possibly
in response to the Aryas’
widely publicized outreach
to Dalit com- munities in the preceding
years, Ala Ram used obscenity to suggest that the
Vedic mouth is constitutively impure.
His insults thus not only impugn the Aryas. They also reinforce
social hierarchies, with the structural violence of caste almost painfully implicit in his rhetorical imagery.
Even colonial officials seem to have had strongly visceral responses to such rhetoric. When, in 1915, Lahore’s Arya Musafir forfeited its Rs. 2000 security deposit for having published articles that made vividly Islamopho- bic use of
human urine and saliva (see chapter 7), the bureaucrat who pro- cessed the file scrawled in the margin that the articles in
question violated “decency” and were clearly “calculated to give intense
offense.”50 You can almost feel him bristling over the page. Wittingly or not, he also invoked the concept (decency) that had, since the 1880s, rendered
blasphemy and obscenity law close neighbors.
THE SWAMI ’ S OFFICE
Blasphemy and obscenity also remained conceptually proximate to sedition. From the 1880s forward, but especially after the 1907 agrarian uprisings
in
Punjab, the Arya
Samaj was put under police surveillance for suspected sedition against
the British Raj. In response,
the Samaj invoked
the political semantics
of secularism by protesting that it was a “much maligned church”
persecuted by an inquisitorially intolerant state.51
Sedition law had undergone several important changes
in the preceding decades, not least the 1898 splintering of class enmity
(153A) out of sedition
proper (124A). In practice, however, keeping these offenses separate was
apparently not a priority. Aryas, at least,
were often charged
under both, as happened in Patiala in 1909 when the
Maharaja had all of his state’s Aryas arrested for anti-British propaganda.52 Government officials too tended to confuse these
offenses, as when Lord Minto
in a 1907 letter to John Morley veered suddenly from talking
about sedition to talking about Aryas “wick- edly” stirring
up “racial ill-feeling.”53 The political offense
and the religious or group defamation offense were hard to keep
separate.
Sedition talk could also sometimes verge into private defamation, as hap- pened with Lajpat Rai, the prominent Arya anticolonial leader.
Deported to Burma in 1907 under
sedition charges and then released
due to insufficient evidence, Rai filed
libel suits against
newspapers that continued to impugn his good name (Calcutta’s Englishman and London’s Daily
Express) and was, in 1909, awarded
over £1000 in damages.54 In 1912, when novelist Edmund Candler published a fictionalized account of these events with the provoca- tive title Siri Ram,
Revolutionist, Rai threatened its publishers with another libel suit.55
I want to pause for a moment on a scene from Candler’s novel, a text brimming with
imperial anxieties about a racialized Indian other—as sug-
gested by its 1912 cover art, with its
dark and glowering mutineer (a stand-in for Rai, see figure 8).56 At one point in the novel, Siri Ram visits a Hima- layan cave
where a sadhu named Narasimha Swami is hoarding anticolo-
nial literature. The cave floor is littered
with letters postmarked in Paris, Dublin,
Seattle, Portland, and Los Angeles—all nodes in India’s anticolo-
nial network. “Shiva’s
mansion,” writes Candler,
had become “the Swami’s
office,” an epicenter of an oxymoronically clerkish religion. As though to
dramatize the juxtaposition, a letter flutters onto an ice lingam as Siri Ram enters.57
This literary scene
is not so different from others of its era (Rudyard
Kipling’s Kim, with its
fakir-spies, was published in 1901). And while it is suf-
fused with paranoid imperial fantasy, it also dramatizes the social life of
late colonial documents with some acuity.
Anticolonial letters were indeed sites where religion and politics
intertwined or fused—and thus occasions for
figure 8.
Original cover of Edmund Candler’s Siri
Ram, Revolutionist (London, 1912). © The
British Library Board. Shelfmark T 7903.
the colonial-secular state to cement
and extend its authority by insisting on the distinction between them, exposing
“politics” concealed in “religious” robes. Letters were also mobile objects,
circulating readily across national and imperial borders—and finding new
and perhaps unlikely readers along the way.
UNCOMMON READERS
By the 1890s, Aryas were experimenting with mailing books to India’s princely
states (which, taken together, occupied around a third of the sub- continent’s landmass). Dayananda had hoped Hindu princes would become
key patrons of his Vedic modernity. While that hope never fully
material- ized, there were notable successes. In the
1910s, for instance, the Maharaja of Kolhapur—a social reformist ally of
Ambedkar—invited the Aryas to administer
education in his state as part of a general assault on “Brahmin Bureaucracy.”58 Other princes, meanwhile, were wary. The Muslim Nizam of Hyderabad
ejected Aryas more than once in the 1890s and 1900s for their anti-Muslim rhetoric.59 In 1910, the Sikh Maharaja of Patiala ejected them for
anti-British sedition.60 The Maharaja of Dholpur
caused a minor scandal in 1919 when he appropriated an Arya temple only to face
rumors he meant to convert it into a latrine.61 Nepal seems to have banned Aryas outright
from 1926 to 1933 (leading Aryas to argue that this infringement on their religious liberty violated the Nepali
king’s treaty with the British).62 Monarchs could
stop Aryas
from crossing
borders. It was harder to stop the mail. Consider two parcels sent in the
1890s. In 1891, the Afghan emir Abdur Rahman Khan received a copy of Pandit Lekhram’s
Takzib- i-Barahin-i-Ahmadiyya (Falsification
of the Ahmadiyya arguments, 1887), sent
by Muslims in the British-Indian city of Peshawar. They apparently hoped he would use his influence to get the book banned
in India. Although the Afghan emir did feel “very much grieved”
by the book and its “imperti- nent expressions,” as he explained to his kingdom’s British Agent, he decided
not to intervene directly. Instead, he advised the Peshawar Muslims to file a complaint
in British courts, showing his letter to British authorities if they liked. Afghanistan had carefully crafted its
independence at the intersection of British, Russian, and Ottoman
empires.63 The emir presumably decided that it was more strategic to let legally
actionable feelings stay on the
other
side of the British border.
In 1896, the Begum of Bhopal opened her mail to find another copy of the Takzib, plus an additional Lekhram title. Whoever sent them (likely Lekhram
himself) had also sent copies to one of her ministers and several of her
subjects. The Begum decided to read the books, marking objection- able passages
in red ink. She then sent her copies to her state’s British Agent,
with a letter explaining how they “grossly insulted all the Prophets of Islam
and the Christians
and the Holy God” in order to “to wound the religious feelings” of Muslims. The
agent agreed that the books were “undoubtedly calculated to offend” but was unsure what to do about it, seeing as Section 298 of the Indian
Penal Code pointedly omitted printed texts.
While he and his
fellow bureaucrats dithered—asking, among other things,
whether this might be pursued as a defamation case instead, given its libels on individu- als like Muhammad—Pandit Lekhram
was murdered. They decided to drop the matter.64
“I wonder why these books have been sent to me to
wound my religious feelings and embitter
my life,” sighed
the Begum.65 Why indeed. Her query
provides a fitting end to our discussion of Arya insult
as a postal and print- mediated practice. What kind of
affective work did such circulatory paper objects do?
Without an explicit statement by Lekhram as to
why he sent these texts (if it was indeed him who sent them), one is left speculating about
motive. His books were part of a much larger campaign
of anti-Muslim invective, orga- nized around
Mirza Ghulam Ahmad
(whose claims to have been a prophet like Muhammad made him a controversial figure among Muslims
too).66 In Barahin-ul-Ahmadiyya (Proofs of the Ahmadiyya, 1880–84), Ahmad had invited rebuttals but asked that critics
refrain from “uncivil
and deroga-
tory language” and undue disparagement of “holy personages.”67 (He also
included a requisite genuflection to
colonial law, asserting that his intention in writing the book was “not to injure anyone’s feelings
or provoke unnec- essary controversy.”68) In his decidedly
uncivil response, Lekhram ignored this request. Calling Ahmad a “defrauder” and “mad dog,” he depicted
the principal Islamic prophets as adulterers, murders, and idolators and
con- cluded by comparing the Prophet Muhammad
unfavorably to Dayananda Saraswati. The official
government translator said that Lekhram’s language was so
“intemperate” it was almost as though he “does not understand what sober language means.” He was drunk on insult.69
Between 1887 and 1896, Lekhram was threatened
with lawsuits under various sections of the Indian Penal Code—often several at once, as in 1896,
when he was charged with obscenity, religious
offense, and personal
defa- mation (292, 293, 298, 500, 501, and 502) in a Delhi case.70 If his “falsifica- tion” of Ahmad’s “proofs” was, as the official
translator suggested, clearly “calculated to wound deeply and stir up violently the feelings of the people thus railed at and ridiculed,” surely
Lekhram also calculated the likelihood of legal blowback—an engine for further publicity.71
When print polemics traveled,
they carried
the forcefield
of colonial law
with them. The
Indian Penal Code applied in princely states, and the princes used it, as seen in the Begum’s appeal to her British Agent. Print also drove
law into the domain of sentiment. An unwanted parcel arrives in the mail,
eliciting a bitter sigh from an exasperated monarch. If that sigh is coded as an instance of “religious feelings,”
it comes to express the cultural force of law. Even a royal body can be hailed
as an exemplum of an administered population in need of affective management.
CONCLUSION: TO READ OR NOT TO READ
“It appears
to be a silly production, but I can’t
make out that it is criminal,”
wrote a British official in 1891, apropos of Lekhram’s
migratory text. “The simplest plan for a Mahomedan appears to be not to read the book.”72 This was
dubious advice. A book like Lekhram’s exerts a force
on potential read- ers even with its covers closed.
It does this precisely because it can hail even a nonreader as a “Mahome- dan,” with comments like that of our bureaucrat overdetermining the condi- tions of reader reception. The comment puts the Mahomedan
nonreader in a
precise form of double bind, pulled between the public and the population (see chapter
2). By refusing to read a book, a person opts out of its public, or at least would seem
to. A population cannot escape so easily. It remains teth-
ered to a given text by the historically
determinate forces that situate them both, allowing that media text to hail a populational public, simultaneously
open edged and bound to an enumerable religious group. By describing his nonreader as a Mahomedan, then, the bureaucrat reinforces and performa- tively reconstitutes this larger set of discursive structures, ensuring that his
Mahomedan nonreader remains tied to Lekhram’s text
whether or not she chooses to open its covers.
In this chapter, we have encountered Arya words as material presences, working on historically
situated bodies in localized ways. Their intimately physical force arrogated
and combined with the force of law, turning that force to unexpected ends—above
all, perhaps, to moral or affective ends, shaping subjects. Personal animus was
central to this era’s culture of reli- gious controversy, with capillary personal relations often
appearing as the matrix of all governmentalities, the most effective arena for
reshaping the conduct of self and others.
To be efficacious, then, the legal needed the per- sonal as much as or more than the personal needed
the legal.
When we move too quickly
to talking about collective or communal
feelings, we lose site of the microhistorical scale
at which affect
can be most properly said to emerge. The Aryas’ paper
insults were simultaneously po- litical (i.e., about the production of state
sovereignty), communal (i.e., about the production of administered
populations), and personal (i.e., inseparable from capillary social networks
and the intimate production of gender, sexu- ality, and bodily virtue), and should be studied at all these registers at once.
Conducting Character
given their frequently
libelous polemics against allegedly corrupt sacred persons,
it is perhaps unsurprising that Arya Samajists were behind
the Rangila Rasul—the scandalous 1924 pamphlet
that, by mocking the Prophet Muhammad, prompted
the addition of Section 295A to
the Indian Penal Code. The Rangila Rasul was many things: a print
artifact, a commu- nalist polemic, a libel on the dead. It was also, in a way that has mostly gone unnoticed
in scholarship, an ethical treatise—or rather a precise inversion of the
ethical. At several key points in the tract, its author, Pandit Chamu- pati, compares the alleged sexual
profligacy of the Prophet Muhammad
to the sexual restraint of Swami Dayananda Saraswati. The tract’s
prophet is a model of what not to do with sex, a reverse image of its implied
swami.
Published in the lead-up to the February 1925 centennial celebration of Dayananda’s birth, the Rangila Rasul needs to be read in relation
to the many hagiographic
books, tracts, plays, and images circulating among Aryas at the time—sold at bookstalls to the thousands
of pilgrims who flocked to the “Dayanand
Shatabdi” (centenary) celebrations at Mathura and distrib-
uted at schools and gardens parties in regional
centers like Haridwar and Lahore. Nor were these books the only hagiographic texts circulating in early twentieth-century India. The Rangila Rasul
also brought Arya hagiog- raphy into polemic
proximity with printed sira literature (i.e., biographies of
Muhammad), shoehorning sira into the quadrangle of classical Hindu-
ism’s four ashramas, or life phases.
Part of a larger biography boom in late colonial India, it also circulated alongside printed lives of historical figures from Abraham Lincoln to Rammohun Roy, Sita to Christopher Columbus.
In such works, biography was routinely positioned as a tool for national uplift, its printed lives serving as moral templates. Print biography was thus shadowed by a perhaps
irresolvable question: Can a life reduced to writing
be successfully replicated once again in a different medium, the body of
the reader?
Exploring that question
both theoretically and empirically, this chapter
maps a cultural history for the Rangila Rasul and its polemic prophetol- ogy, situating it both as an Arya Samajist text and a transcolonial
one. The chapter builds toward an analysis of
the tract’s rhetorical structure, thus bringing Slandering the Sacred full circle. We can now see how the Rangila Rasul, as “religious” tract,
was a paper tool for the governance of affect, functioning
in parallel with Section 295A, the “secular” law, in a shared field of pedagogic governmentality. My discussion concludes by
asking how this chapter’s history of comparative prophetology might be used to revisit more recent scandals
about sacred slander.
REPRINTING THE SWAMI :
AFTERLIVES OF A HINDU REFORMER
In late 1883, after a public career spanning
more than a decade, Dayananda Saraswati suddenly fell ill.
Some said it was poison. Food-borne sickness seems at least as likely. Whatever
the cause, Dayananda died that October after a month of agony. Ordering all the doors and windows of his sickroom
opened, he uttered his final words (“God, you have done a good lila”) and began “his pilgrimage to the realm of the immortals.”1
On earth, a different type of immortality awaited. In 1886, Lala Lajpat
Rai published an article in the Arya Patrika
calling for a “systematic biogra- phy” of the swami. “Great
and noble souls,”
he explained, are “lighthouses
in the great ocean of human progress,” and nothing—not pictures,
shrines, or even their published writings—can “bring them home to us” like a good
biography.2
Would-be biographers were confronted with a substantial problem, however. Dayananda’s
early life remained cloaked in mystery. Although he often recounted
personal stories and even published an autobiographical essay in The Theosophist, his self-narrative tended
toward the spare
and the symbolic—how, as a
boy, he realized the error of image worship when he saw a rat scramble
across a Shiva lingam; how he resolved
to renounce the
world after a
sister’s and an uncle’s deaths; how he fled home, defying his father.3 He never revealed his birth name;
“Dayananda” was the moniker bestowed when
Purnananda Sarasvati of
the Shringeri Math initiated him as a renunciant.4 A proper biography
would, in its way, reverse
this renuncia-
tion,
returning Dayananda to the life he left behind.
It would also require serious
research. In 1888, the Punjab
Arya Pra-
tinidhi Sabha nominated Lekhram,
the editor of the Arya Gazette, to
travel India collecting relevant oral histories. He pursued the project for nearly eight years prior
to his 1897 murder. Meanwhile, a Bengali researcher named Devendranath
Mukhopadhyay was also hard at work; he too died prema-
turely,
publishing only a preliminary sketch
of his planned opus. Years later, these two bodies of research were compiled into a single biography
by Ghasiram, whose text remains
the authoritative empirical
source on Daya- nanda’s life.5
Hagiographic chronicles of the swami’s deeds also began to appear by the late 1880s. A steady textual trickle
widened to a rushing stream during the Dayanand centenary of 1924–25,
during which more than two dozen biog- raphies were published
in Hindi, Sanskrit,
Urdu, Bengali, English,
Marathi, Gujarati, and Punjabi.6 By this time, Arya hagiography had emerged
as a distinct genre within the wider field of modern Hindu
hagiography, and one with clear literary
conventions.7 These narratives typically begin in ancient
India, with the battle of Kurukshetra, then glide quickly across the millennia
to Dayananda’s 1824 birth. Most conclude with a summary of the swami’s
teachings. “Without this part,” explained Ghasiram,
“no biography can be said to be complete.”8
Arya hagiography was diverse, spanning sundry media and liter- ary genres. There were Hindi biographies
composed in poetic forms like doha, lavni, and ghazal, as well as Sanskrit biographies that tendentiously disavowed the voluptuous “poetry of
contemporary times” to imitate the Vedas.9 There was at least one hagiographic play,
written to wean Punjabi audiences away from their stock diet of
“indecent” theater; its first Urdu edi- tion sold out in six months and was followed
by a Hindi reprint.10 Tantaliz- ingly, one pamphlet
mentions a Bioscope
film about Dayananda’s boyhood encounter
with the temple
rat.11
Clearly Aryas were using images,
although most do not survive.
To get a sense for their iconography, we might leaf through the pages of Shital- prasad Vaidya’s Shrimaddayanand Chitravali (Dayananda picture album, 1925).
There, we find depictions of major biographical episodes in glossy black-and-white prints alongside a handful of color images. One of the latter
figure 9. “Bharat Mata” (Mother India). Shitalprasad Vaidya, Shrimaddayanand Chitravali
(Calcutta: Vedic Pustakalaya, 1925). © The British
Library Board. Shelfmark Hin.D.1519.
shows Mother India striding across a map of the subcontinent with an Aum flag in one hand and a cameo portrait
of Dayananda in the other
(see figure 9). A second
depicts Dayananda sitting cross-legged on an animal skin in an
idealized Himalayan setting, his frontal gaze recalling the composition of devotional
bazaar art (see figure 10). Here, ironically, the notorious icono-
clast has become an icon in the style of mass-produced pictures common in the period.12
Nonetheless, “Yogi-Raj” is an icon with a difference. Although obviously referencing Shiva posters, his ascetic body is depicted
as stripped of the
usual divine accoutrements, suggesting an iconoclastic impulse. It further
figure 10. “Yogi-raj: Maharishi Dayananda Saraswati.” Shitalprasad Vaidya,
Shrimad- dayanand Chitravali (Calcutta: Vedic Pustakalaya, 1925). © The British Library Board. Shelfmark Hin.D.1519.
disciplines visual
Hinduism by submitting it to the dictates of photoreal- ism: the image is
clearly modeled on a commonly reproduced photograph of Dayananda and
possibly even painted overtop it (as suggested by the odd foreshortening of the hands).
“Mother India” works similarly. More secular
woman than Hindu
goddess, she adheres
to a realist aesthetic, from the
drapery of her sari to the topographic detail of her map to her individuated facial features—likely based on a photograph. The cameo portrait
in her hand is
almost certainly based on one, probably the photo of Dayananda sponsored by the Maharaja of Shapura and reproduced elsewhere in the Chitravali (see figure
5).13
Arya iconoclasts may have mistrusted images, but they sometimes carved out
an exception for photography. As an 1889 Arya catechism explains,
the “idolatry” evident in Ramlilas and other popular
performances is wrong—a “sin”
and a form of “fetichism” (invoking the anthropological category derived from
colonial West Africa)—because it creates a visual likeness of a divine entity that has no visual form. Photographs, by
contrast, are grounded in visual reality,
so it is permissible to use them in various “remembrance” practices.14 The problem with pictures, then, is not their
visuality per se, but rather their dishonest semiotics, their bad
ontology.
The 1924 Dayanand Chitravali exists in this space of photographic excep- tion,
enacting a remembrance of the Arya past. Loosely replicating the structure of a photo
album, its pages
are packed with black-and-white por- traits of Arya leaders,
students, and martyrs,
standing alone and in groups, variously
clustered on the page. These two-toned photos represent ordinary Aryas.
The color images of Dayananda are different in kind, jumping out from the rest of the Chitravali. Closer to bazaar art than to the photo album,
they create a kind of two-way traffic
between disciplined photorealism and calendar-art
iconicity—and thus between two distinct modalities of modern religion.15
These images also point to a larger
paradox of Arya devotion. When Dayananda
founded the influential Lahore chapter of the Samaj in 1877, he refused
to be named the society’s guru, explaining that his mission was to
eradicate the “stink of gurudom” (gurupan ki bu) from the world.16 Later Aryas pointed to this foundational
disavowal of sacred authority as emblematic. This was the gesture that “made
the Arya Samaj a democratic [prajasattatmak] organization,” as one society
historian put it in 1949.17 If revering Dayananda as a guru was bad, deifying him was definitely worse. Arya hagiography was
therefore a constitutively fraught genre. As one 1914 writer confessed,
he had “no desire to carve a place for Dayananda in the Hindu Pantheon. It is already
too full. And the task will be a thankless one. It will be a direct
violation of his injunction and the spirit
of his work to set him
up for a God.”18
These tensions were particularly acute in retellings
of the definitive fable of Arya iconoclasm, the tale of the
Shivaratri rat: A boy and his father go a Shiva temple to
keep the all-night Shivaratri vigil, and the father falls asleep. Awake and alone, the boy sees a rat clamber over the shivalingam. This sight produces
a critical disenchantment, wherein the boy suddenly perceives the impotence of
religious icons (see figure 11). Dayananda’s published account of this story in The Theosophist is sparse in its details.
Nor do later retellings
figure 11.
“Shivaratri ka Pujan aur Rishi Bodh” (Shivaratri puja and the rishi’s
realization). Shitalprasad Vaidya, Shrimaddayanand Chitravali (Calcutta: Vedic Pustakalaya,
1925). © The British Library
Board. Shelfmark Hin.D.1519.
ever quite clarify what it is about the rat, as animal, that provokes disen- chantment.
(One is left to speculate: Is this an Oedipal drama, underscored
by the rat’s association with Ganesh? Is it referencing and then rejecting bhakti stories in which rats become accidental devotees? Does it connote
filth or even ritual pollution?) Later retellings do, however, embellish
the story by adding detail (e.g., the foods used for prasad).
Several, notably, insert supernatural elements. By the late 1890s, the booming voice of Shiva was addressing young Dayananda in his moment
of
disillusionment.19 By the 1920s, hagiographers were implying
that Dayananda was an avatar of Vishnu, with his birthplace of Morvi listed alongside Rama’s
Ayodhya and Krishna’s Mathura.20 Most vivid in this regard is
perhaps Sudarshan’s Dayanand Natak (Dayananda:
The play, 1917). The production begins with Mother India
standing before the closed stage
cur- tain,
mournfully recalling the golden days of her sons Ram and Lakshman. Krishna then steps in from the wing to explain that the present
darkness is just a passing rainstorm. He riffs on the verse
from the Bhagavad Gita prom-
ising that Vishnu will incarnate whenever (in this
play’s words) “dharma is disgraced in all the bazaars”; divine lightning
flashes at the moment of greatest darkness. Cue an offstage firecracker. The
curtain opens onto our boy-hero praying and singing to a Shiva murti. The offstage sound of Shiva’s
supernatural voice soon follows.21
A late 1920s pamphleteer called this story the Samaj’s “seed” or “guru- mantra,” underlining its succinct distillation of Dayananda’s critique
of Puranic Hinduism.22 But of course that phrase also underscores
the extent to which this story had been used to position
Dayananda as the guru he so
emphatically refused to be. Arya hagiography was, it seems,
an inherently unstable genre,
one predicated on a tension
between enchantment and dis-
enchantment, iconophilia and iconoclasm.
A SAINT LY CENTENNIAL
It was also a genre
that operated on the flesh, with biographical paper press- ing on readers
and their bodies in a variety of ways, many of them evident
during the centennial celebration of Dayananda’s birth in February 1925.
The Gurukul Kangri had been celebrating a rishi utsav or festival
on Dayananda’s death anniversary since at least the 1910s, and
its leader Swami Shraddhananda (a.k.a.
Munshiram) took a leading role in conceiving the 1925
janmshatabdi (birth centenary), sketching a plan in
his diary in 1922.23 An All-India Dayanand
Centenary Committee, chaired
by Narayan Swami of the Sarvadeshik
Pratinidhi Sabha, was then appointed to organize the
festivities.24 Committee members hoped to use the
celebration to promote the cause of Hindi. They also wrote the Government of India requesting that Arya
employees be granted official leave to fulfill their “religious duties” dur- ing the centennial; Delhi demurred, referring them to local governments.25
More than two hundred thousand people reportedly traveled by train and other
transport to Mathura, the centennial’s epicenter, where Dayananda had studied
under the blind sage Virajananda. They formed a
temporary city, or Arya Nagar, where massive crowds attended lectures and havan ritu- als. Students
won medals in the “Shatabdi games.” A “Conference of Reli- gions” showcased Jain, Christian, and Bahai
delegates. Pilgrims strolled past Virajananda’s dilapidated house. As a reporter from the Leader noted, these events had an air of “austerity” about them. Shops sold
none of the sacred knickknacks common at Hindu festivals, only books and food.
The food, moreover, was shared, in defiance of caste norms, with Dalits and
women milling about freely in significant numbers. Traditionalist Hindus seem
to have disapproved. When festivalgoers visited nearby Vrindavan, they found some temples
closed and others with signs saying no Aryas allowed.
None- theless, when thousands of Aryas processed through the
streets of Mathura, locals reportedly gathered on rooftops to shower
them with flowers.26
Festivities extended around the Arya world. In Mauritius, Aryas cel- ebrated for two full days.
In Durban, they celebrated for a week, holding South Africa’s first “Vedic Conference.”27 At Lahore’s Dayanand Anglo-Vedic College, the Young Men’s Arya Samaj organized tournaments, debates, lec- tures, and a
massive parade. “The air was full of Great Swami in those days,” the school principal later recalled. Students felt his “living presence” in their dorms and playing fields, until their enthusiasm was “screwed . . . to the highest pitch.”28
Print helped publicize the holiday. As early as November 1924, the
Punjab-based journal Arya was
stoking excitement for a special
“Daya- nanda Centennial Issue” by soliciting essays, poems, and
pictures about the swami.29 By February, the centennial was getting coverage
in more obscure periodicals like Vaidik
Dharm, published from the Maharashtrian princely state of Aundh.30 Print was also integral to the festivities. Those Mathura bookstalls, surely,
were selling Arya hagiographies. In Lahore, meanwhile, the DAV College block-printed ten thousand copies of a biography on “art
paper,” distributed booklets
with Dayananda’s photo and a list of his prin- ciples at a garden party, and printed a centennial
message on handkerchiefs that were used to wrap sweets for
schoolchildren.31 Print spilled off the page, by design.
The Rangila Rasul was published in the lead-up
to the centennial festivi- ties, in May 1924. This context matters.
Whether or not it was actually writ- ten as retribution for a Muslim-authored travesty of Dayananda’s life, the
Rangila Rasul clearly emerged
from a polemic literary field in which lives of Dayananda and the Prophet were closely
intertwined.32 Not only does the Rangila Rasul explicitly compare the two men, but in 1923, its anonymous author, Pandit Chamupati,
also published a series of biographical essays on Dayananda in the Vedic Magazine that he later collected into a centennial book, Glimpses of Dayananda
(1925).33 (As late as 1948, it was said that Rajpal had taken the secret
of the author’s name to his grave.34 A decade later,
that secret had outed. The author was Chamupati.35) These
texts are pinned to their moment of publication—extending into 1926, when Aryas
organized a follow-up celebration at Dayananda’s birthplace or janmbhumi in Morvi.36 The back cover of the Rangila Rasul effectively maps the literary constel-
lation that presided over this historical moment, advertising books available
at “moderate” prices from Mahashe Rajpal,
manager of the Arya bookstore on Lahore’s Hospital Road.37 These include an Urdu
version of the Saty- arth Prakash; tracts by Arya
polemicists like Lekhram and Dharmpal; Arya
hagiographies with titles like Dayanand
Anand Safar (Dayananda’s blissful journey), Rishi Jivan (A life of the rishi), and Dayanand Prakash (The
light of Dayananda); and a biography of Napoleon Bonaparte.38 Taken together,
these texts—including the Napoleon biography—situate the Aryas’ polemi-
cized prophet and reveal the range of his textual
connections.
PROPHETIC BIOGRAPHY IN A POLEMIC AGE
Or, at
least, they do if read alongside the Rangila Rasul’s
footnotes, which offer a rough-and-ready survey of modern sira literature, the genre that the
tract so viciously spoofed. Major
references include William
Muir’s Life of Mahomet (1861–1878), Shibli Numani’s Sirat un-Nabi (1914), and Syed Ameer Ali’s The Spirit of Islam (published in 1891, with an amplified and revised edition issued
in 1922).
“Probably more lives
of Muhammad appeared
in every one of the years
between the two World Wars than in any of the centuries between the twelfth
and nineteenth,” speculated Wilfred Cantwell Smith in the 1940s while teaching
at Lahore’s Foreman Christian College.39 In the 1920s, pro- vincial schoolmaster Abd al Majid
Qarashi announced what he called
a “Sirat Movement,” distributing biographies of the Prophet
and modernist tracts by thinkers like Rashid Rida to middleclass readers.
Twenty years later, Smith borrowed Qarashi’s term to describe the wave of publications in
several languages (Urdu, Sindhi, English, etc.) that
arose around the 1890s.40 The Rangila Rasul rode this cresting wave, harnessing it for its own ends.
Although the sira was a classical genre, it had been
reframed around a distinctly modern set of concerns, giving rise to a new subgenre: the polemi- cal
sira.41 Keen to defend the Prophet from Western critics like Muir, Muslim writers
proliferated new biographies. The more they responded to criticisms, however,
the more Muslim and non-Muslim lives of the Prophet became
interdependent—until, at least by one scholar’s assessment, they ceased to constitute discrete literary traditions altogether.42 The polemical sira was thus, in its very
emergence, a globalizing genre intertwined with English. It was also linked to Hindi and other South Asian vernacular languages, where the Prophet
was becoming a figure of parody and satire. Sometimes, as in Bharatendu
Harishchandra’s 1873 essay on “Shri Hazrat Honorable Mr. Double White
Sucking Prophet [chusa paigambar],
the Destroyer of the Universe,” satire was directed at the British
(Harishchandra’s prophet is a barbarian “guru” who uses religion as a ruse for
“sucking” wealth).43 Probably more often,
as in Jagganath Das’s Muhammad
Jivan Charitra (1887), moral scrutiny was directed at the Prophet himself, lacing his life narrative with libelous
imputations.44
Good character was this literature’s key leitmotif. Muir weighed Muham- mad’s virtues
(e.g., “magnanimity”) against his alleged flaws (e.g., “cru- elty”).45 Numani
insisted that, where earlier “religious personalities” had embodied only particular virtues,
Muhammad offered an integrated vision of the moral life. His religious
mission was primarily
ethical: “to reform and perfect the morals and culture
[akhlaq o tarbit] of
human beings.”46 Modern sira’s ethicized
Prophet participated in a larger literary field, linked to a nineteenth-century effiorescence of Urdu tracts
on the “polishing of morals”
(tahzib ul-akhlaq).
These tracts both revived an early modern genre and overlaid
it with Victorian
values like frugality, cleanliness, and self- improvement, as seen in texts like Hali’s Musaddas (1879).47
This late colonial rearticulation of ethics was constitutively intertwined with questions of gender and sexuality. The Prophet’s wives, lampooned
by the Rangila Rasul, were sites for the articulation of shifting gender norms in a series of moral panics in the nineteenth and twentieth centuries—with Khadijah, for instance, rising to prominence alongside the ideal of compan- ionate marriage.48 They were thus linked to a set of nineteenth-century social reformist impulses
that Aryas also helped carry into the early twentieth century, as with an
Arya Marriage Validation Bill ratifying inter-caste and interreligious marriages proposed in 1928 and enacted in 1937.49 In addition
to advocating
inter-caste marriage, Aryas also—still more scandalously— endorsed niyog (a temporary sexual liaison, in cases of infertility, between
a married woman and a man other than her husband).
As part of the archive of late colonial sexuality, the Rangila Rasul circu- lated
alongside sexology manuals and pornographic literature, weaponizing smut for communalist ends.50 The controversy around it overlapped with the controversy around Katherine Mayo’s Mother India (1927) and thus also with the newly nationalized feminist politics that
coalesced in the shadow of that text.51 If Mayo refitted
nineteenth-century reformist discourses about Indian women to the emergent
geopolitics of the US empire,
the Rangila Rasul gestured
to a different historical trajectory, hewing closer to a nineteenth- century cultural
formation. By submitting the Prophet to a sexualized “trial [pariksha] by fire” (as the Arya wrote in 1926), it echoed earlier
tracts like Rampariksha (An examination of Rama, 1867),
wherein American Presbyte- rians compared Rama to the celibate Jesus, or Muhammad Pariksha (1888), wherein a
Hindu pandit assessed the Prophet just as he would any guru, pir, fakir, prophet,
or avatar. He began by comparing Muhammad’s wives to Krishna’s gopis—a move that flatters neither sacred man.52
In such texts, women are (to recall Lata Mani’s
formulation) neither sub- jects nor objects but rather the ground on which men conduct their
culture wars.53 The real objective of these tracts
was the regulation of male het- erosexuality. Using textualized women to triangulate relations among men, they
establish a print-mediated regime of homosocial sexual governance.54 “The Vedic man is a rougher sort of person
than the modern Hindu. He is more manly,” opined a prominent Arya in 1893.55 Such muscular Hindu- isms
were a riposte to the trope of the “effeminate Hindu,” used to justify India’s subordination to “manly” Victorians.56 Positioning the male body as a site for contesting colonial rule, Vedic masculinity became
an idiom of geopolitics.
Sexual self-control is the key theme here. Consider Chamupati’s Glimpses of Dayananda, the Rangila Rasul’s companion text in its author’s oeuvre. Each chapter
introduces a different view or “glimpse” of the swami—the warrior, the
iconoclast, the mystic, the patriot, the physical colossus, and so on. The key to the whole, however, is arguably the chapter on the “brah- machari,” a term that Chamupati
imports into English as simultaneously untranslatable and central to Dayananda’s status as a
universal figure— a “cosmopolitan sage” and “apostle”
to humanity at large. (The global-
cosmopolitan was, for the Aryas, almost
always accessed through
English, even when English was made to carry the linguistic
marks of Indian na-
tional or Hindu difference.)57 Sexual continence powered Dayananda’s other virtues,
including his famed physical strength (dramatically displayed when he hitched himself to a pull-cart, outmuscling two horses). It was also
pre- scribed for his followers—who, even if unable to join the celibate elite, could practice continence within marriage, elevating
sex from “animal
necessity” to “sacred duty.”58
When the Rangila Rasul presents its title character as
unable to control his sexual impulses, it implicitly casts him as weak and
feminized. Unsur- prisingly,
we meet a very different figure in Muslim-authored lives of the Prophet from the 1920s. Take, for example, Muhammad Ali’s Muhammad the Prophet (1924), written
while its author was imprisoned for sedition and modeled on Numani’s Sirat un-Nabi.59 Ali’s Muhammad is a “complete mas- ter of his passions,” immune to the allure of “worldly
things.”60 The Prophet of Syed Ameer Ali’s Spirit of Islam (1922) is similarly ascetic. He first appears in a novelistic passage
as a “quiet thoughtful man” sauntering through
the streets of Mecca “heedless of the gay scenes around him . . . yet withal never forgetful
to return the salutation of the lowliest.”61 Although living in sen-
sualist times, he keeps his house unheated
and often subsists
only on dates and water—the very antithesis of “a self-indulgent
libertine.”62
If we translate rangila as a “rake” or “sybarite” (following
John Platts’s 1884
Urdu dictionary), the very title of Chamupati’s tract is a precise inver- sion of Ameer
Ali. Its inverse
valuation of celibacy
is also quite
precise. Where Ameer Ali describes the Hindu, Buddhist,
and Christian ideal of
absolute celibacy as a “perversion of nature,” Chamupati
hails celibacy as what makes Dayananda, the Buddha, and Jesus superior to
Muhammad.63 Ameer Ali and Chamupati
agree on the value of ascetic self-restraint; they diverge on how to reconcile asceticism to sexuality.
SACRED AND SECULAR BIOGRAPH Y: PRINTED LIVES, IMITABLE VIRTUES
There is one last text on the back cover of the Rangila Rasul that needs explaining: the biography of Napoleon. Although I
have not managed to track down that exact title, it is still possible to reconstruct its general
context—suggesting the historically specific
connections between “secular” political biography and “religious”
biography in the late colonial period.
Early twentieth-century India witnessed a veritable biography boom.
Life
writing surged across languages and genres—an important literary carrier of
this moment’s larger ethical turn, its interest in refashioning the self to
refashion the nation.64 Late colonial biography was notably
eclectic. Looking at Hindi alone, one finds lives of religious
reformers like Rammo- hun Roy; nationalist leaders like M. G. Ranade and Lajpat Rai; precolonial
kings like Maharaja Chhatrasal; and North
Atlantic luminaries from Chris-
topher Columbus to Dan Breen.65 Men predominate, but alongside them one finds the occasional life of Sita or compendium of
biographical sketches of “brave and learned” Hindu women.66 Aryas were enthusiastic contribu- tors to this literary
scene, authoring numerous
biographies and autobiogra- phies of Samaj members both renowned and obscure.67
Late colonial biography
was a medium for ethical
reproduction, for the replication of the printed
life in the life of the reader.
“The worthy man will
attempt to write his [Dayananda’s] biography not just on paper pages but also on the book of his heart,” wrote one Arya hagiographer in 1925.68 Or,
as another opined in the same year, “I am pouring Swamiji’s biography [ jivani] into my life [jivan].”69 Similar
claims are found in secular
biographies. In his preface to a 1928 Hindi translation of Benjamin Franklin’s Autobiography, for instance, one writer says that biographies will guide India’s
youth onto the “path of self-improvement and service of country” by presenting “imi- table” (anukaraniya)
virtues like Franklin’s industriousness.70 Some biogra- phers highlighted a specific virtue
that their subject
ostensibly exemplified
(Columbus’s courage, Lajpat Rai’s charity).71 Others offered more general advice about
how to read their books, as by explaining that Sita’s life was “not just a novel or entertaining story, but a treasury of ethics [niti] and instruction.”72 Throughout, life
writing appears as an exercise in ethics, with narrative exerting
normative force on its readers.
In this ethical field, even political figures
could assume an aura of sanc- tification. Anyone who
sacrifices himself for the good of the nation should be considered a sadhu, as a biographer of Abraham Lincoln
argued in 1917, with any assembly of such persons
an instance of sant-samagam, a gathering
of holy men. There is, moreover, no need, our biographer argues, to insist on
“face-to-face meeting” (pratyaksh samagam), as
books facilitate a similar ethical imitation.73 To read hagiographies is to commune with
saints gath- ered on
bookshelves. “There is no difference between satsang [associating with good people]
and reading true biographies,” concurred a 1918 biogra- pher of Lajpat Rai, except the accident of medium. One happens face-to- face, the other via a book.74 Other writers disagreed with this easy equation.
In 1914, for instance, Shibli
Numani insisted that though print might be the
“modern method” of
perfecting morals, it remains inferior to the morally upright person,
“every movement of whose lips does the work of thousands
of books.”75 Bodies are better
than books—but to argue the point is perhaps
to concede the analogy between
these media.76
A WORLD OF WORTHIES :
HERO - ANTHOLOGIES AND THE GLOBAL CAR LYLE
To better
understand this print-mediated gathering of saints, I want to underline its
connections to global-anglophone literature of the same period.
It is well-known that hero worship, or what Rabindranath Tagore termed “charitra-puja,” was commonplace in late colonial
India.77 It is also well-known that Thomas Carlyle’s On Heroes, Hero-Worship and the Heroic in History (1840) was a standard
reference point for this hero worship. What has gone largely unnoticed is how
“Carlyle” indicated a literary genre as much as an author function. To speak of
Carlyle in late colonial India was to conjure lists of great men, anthologies of heroic lives at once political and moral, national and
cosmopolitan.
Wildly popular in Victorian Britain,
Carlyle’s On Heroes argues that “Universal History” is “at bottom”
the history of “Great Men.” It also dusts
off the old euhemerist claim
that religion arose
from the mistaken
deifi- cation of heroes.
“Hero-worship, heartfelt prostrate admiration, submis-
sion, burning, boundless, for a noblest godlike Form of Man—is not that the germ of Christianity itself?”78 This Carlylean religion is a manly affair.
Odin, Muhammad, Dante, Shakespeare, Luther, Knox, Rousseau, Crom-
well, Napoleon—heroes band together in a world-historic brotherhood. With these heroes’ eclecticism so obviously
integral to the book’s appeal, one might plausibly suggest that Carlyle’s argument about universal history
is just a narrative MacGuffin, a device facilitating the pleasurable stringing together of capsule biographies into a sort of Victorian sant-samagam, a garland of heroes.
Whatever the reason, On Heroes went
global. Carlyle’s sympathetic account of Muhammad
made him a useful ally for Muslim
defenders of the Prophet.79 He also showed up in Arya hagiographies, most notably in Lajpat Rai’s five-volume 1890s series Great Men of the World, which cites “Car- lyle sahib” routinely, even while
lionizing an entirely different set of heroes: Giuseppe Mazzini, Giuseppe Garibali, Shivaji, Krishna, and Dayananda.
While not every late colonial reference to a “great
man” or mahapurush was an allusion
to Carlyle, the Scotsman does seem to lurk behind this term with remarkable
regularity—from an 1898 Arya biographer’s claim that “the history of the world’s
progress is always
made ready by the blood
of great men,” to a 1908 Delhi newspaper
article on “Hero Worship,” to a 1929 book
on Kangres ke Mahapurush, “the great men of the Congress.”80
Even in English, the Carlylean obsession with great men was always part of a
larger cultural field. Earlier texts continued to circulate, as seen in Aryas’ routine quotation of Henry Wadsworth Longfellow’s “Psalm of Life” (1838), with its “great men” leaving
“footprints on the sands of time.”81 So
did later texts, including
historical ephemera. To discover one of the latter, we might
trace a quotation about men of “genius
and strength” (men, that is, like
Dayananda) that features in a landmark 1893 speech on the future of the Arya Samaj by Munshiram.82 Munshiram does not name his source.
Digital search tools, however,
make it easy to find—an
article on Martin
Luther from Ward & Lock’s Worthies of the World: A Series of Original
Biographical Sketches of the Great Men of All Countries and Times, complete
with cameo portraits
on the cover. The series also featured a life of Napoleon (see fig- ure 12).83
Ward & Lock’s Universal
Instructor was a multivenue British publishing enterprise with the motto “Self-Culture for All.”
It was not difficult reading: advertisements for Worthies of the World focused on the fact that the book had
pictures.84 The Universal
Instructor was a quintessentially middlebrow publication,
marketed to readers hungry for aspirational self-improvement.85 Its great men are thus also middlebrow, their greatness defined
against the middlingness of their readers. Conspicuously male, these
worthies circu- lated
alongside conduct manuals and housekeeping guides marketed to Vic- torian women—including Sylvia’s Home Journal, also published by Ward & Lock and advertised with the Worthies.
Middlebrow British publications, including novels, were commonplace
in colonial India.86 Some could be described with only a little
anachronism as self-help books—referencing Samuel Smiles’s Self-Help (1859), the Victo- rian bestseller that propelled its title phrase to global fame through
transla- tions into
Japanese and Arabic, as well as (in combination with Smiles’s other works)
Gujarati, Marathi, Hindi, and Urdu.87 Self-Help
collected inspiring, up-by-the-bootstraps biographies into a single volume so that readers might commune with these lives and reform their own indolent behavior. Like many of its contemporary texts, it was a moralizing biographical anthology.
figure 12. Ward and Lock’s Worthies
of the World (London: Ward, Lock, 1881).
© The Brit- ish Library Board. Shelfmark 10604.ee.14.
As these texts circulated, a key affordance of the
anthology form became apparent.
Anthology is flexible. It allows for abridgment, serialization, and outright substitution. This meant that Carlyle and company
traveled well, with writers like Lajpat Rai able to use “Carlyle
sahib” to authorize (i.e., to extend his author function
to include) an entirely different set of great men.
“Carlyle” indicated not so much an author as a discursivity.88 Or, perhaps better, it indicated an open-ended literary
genre.
This genre could then be combined with other genres in creative ways. Consider
Rai’s vacillation around what to term great men, men whose “name never dies.” “They are called avatars by some, prophets by others . . . as well as rishis, maharishis, [and] great men.”89 This list of nouns is also a list of lists. Each of these
words (avatar, prophet,
rishi) implies its own anthology form or aesthetic genre:
dasavataram, prophet
tree, rishi mandala,
and so on. This was not the first time these anthology forms overlapped; the trope
of the “Muhammadan avatar” goes back centuries.90 Still, such overlaps seem to have intensified in the late colonial period.
Arya hagiographers were certainly happy to mix and match list types. They continued to develop the notion of the sattpurush or “man of truth” that Dayananda had introduced in the Satyarth Prakash, a “chain of great men” in
which Dayananda himself was “the last link.”91 They then interleaved this list with Vaishnava
avatars or rishi mandalas, tracing
a line from Daya- nanda back to Valmiki.92 Sometimes
Aryas used terms
loosely, as in a 1924 article on “Mahapurush Lenin”
published in the Arya women’s magazine Jyoti
that, in praising Lenin, Tolstoy, and Gandhi, uses “great man” (maha- purush),
“great soul” (mahatma), and “great
sage” (mahamuni)
almost inter- changeably.93 At other times,
they developed firmer
taxonomies, as when a
1926
Arya article distinguished among “great men” who launch a “new age” (Buddha,
Jesus, Muhammad, Dayananda), those who revivify old traditions (Luther, Shankaracharya), and mere holy men (Nanak, Kabir).94
COMPARATIVE PROPHETOLOGY
Such formal
experimentation lay behind
the emphatically global
lists of sacred personalities seen around the Dayananda
centennial. In 1924, the Dayanand Chitravali claimed Dayananda as the culmination of a long line of “holy
souls” that included
Rama, Krishna, Moses, Jesus, Zarathustra, Bud- dha, Shankaracharya, Muhammad, and Luther.95 In 1933, Har Bilas Sarda’s life of Dayananda expanded this
list to include Rama, Bhishma, Ashoka, Vikramaditya, Alexander, Caesar, Akbar, Charlemagne, Napoleon, Valmiki,
Kalidasa, Homer, Virgil, Shakespeare, Goethe, Vyasa,
Shankaracharya, Plato, Aristotle,
Kant, Herbert Spencer,
Shivaji, William Tell, George Washington, Garibaldi, Robert Bruce, and
Kamal Pasha Ataturk, among others. These heroes, Sarda tells us in a paraphrase of Carlyle, are “fire-pillars in the dark pilgrimage of mankind.” Hovering
above this heroic
scrum is a still-higher
“Elect”: Krishna, Jesus, Buddha, and Dayananda.96 The Prophet Muhammad is a conspicuous omission.
This kind of list making
was not limited to the Arya Samaj.
It lay behind Sarojini Naidu’s “Respect for All Prophets” movement, contributing to a certain cultural logic of the Indian secular (see chapter
3). It also overlapped with list making among South Asian Muslims, including the Ahmadiyya, as well as that of more conservative Hindu
figures like M. M. Malaviya. “Every religion
has somebody or some person at its head,” Malaviya explained to the members of the 1927 Legislative Assembly. It
is because such persons sit atop a “mountain of feelings” a
“thousand times greater” than filial love that criticism of them must always be “reverential.”97
This speech, complained one of Malaviya’s colleagues, amounted to “a dissertation on religion.”98 The complainer had a point. Since the Victo-
rian period, scholars
of comparative religion
had tended to assume that all
so-called world religions had a sacred text like the Bible, plus a “founder”
like Jesus. They thus created a Christianity-shaped template to which any
aspiring world religion would need to conform.99 The popular practice of comparative prophetology emerged alongside of and in tandem with this scholarly practice. Both, moreover, were
thoroughly entangled with the cul- tural politics of empire. When, around 1905, Punjabi fakir
Rama Tirtha cate- gorized
Muhammad, Jesus, the Buddha, and Krishna together as “prophets” and “saints of the world,” he was asserting Hinduism’s parity with its peers. It was not a mere “ethnic” or regional religion
but a universal or world religion.100
These lists drew on the aesthetic logic of Hindu eclecticism pioneered by the Brahmo Samaj—and then later reworked, by Naidu and others, into a defining
aesthetic idiom of Indian secularism.101 In 1880, for instance,
Keshub Chunder Sen instructed his
followers to make mental pilgrimages to “saints,” “prophets,” and “great men” including Moses, Socrates, the Bud- dha, the Vedic rishis, Jesus, Mohammad, Chaitanya, Galileo, Isaac New- ton, Michael
Faraday, Ralph Waldo Emerson, and Thomas Carlyle.102 What appeared as
pluralist inclusion was often, however, a means of rearticulating Hindu hegemony. Thus, in 1869, Kedarnath Dutt gave a lecture about “great reformers”
at a Brahmo venue, constructing a list spanning
Valmiki, Vyasa, Plato, Jesus, Mahomed, Confucius, and Chaitanya—an eclectic
assemblage wherein the Bengali Vaishnava saint is given pride of place.103 In an 1866 lecture on “Great Men,”
Sen insisted on “honouring” all great
men without “sectarian bigotry.”
“It is the evil of awarding honor to particular prophets, that has filled the religious world with jealousies,
hatred, and sanguinary
strife.”104 His noun choice is notable: this paean to religious inclusion
is con- structed around what certainly
feels like an Islamophobic jab. All religions are equal, but some are more equal than others.
These rhetorical patterns
persisted into the 1920s, when Arya Samajists
danced around the figure of the Prophet Muhammad in various ways. He could be included in the category “great men” by
being interpreted through Hindu categories, as when a Jyoti article suggested that Dayananda,
Jesus, Muhammad, and the Buddha were “great men” because they were
also “kar- mayogins.”105 Alternately, the term prophet could be rejected entirely as a “Semitic” imposition on Vedic dharma, which had not
prioritized “personal religion.” The Vedas were authorless.106
If the popular devotional practice of comparative prophetology emerged partly through lists and literary genres
like “Carlyle,” it also relied on the aesthetic procedures of popular visual culture. As Kajri Jain suggests, bazaar
art was an important
site for developing the aesthetic procedures of religious
commensuration. Its interchangeable, mass-produced squares fitted hetero-
geneous religious worlds into a standardized aesthetic
template so that they might appear functionally equivalent. Creating a
kind of miniparliament of world religions within the
everyday realm of iconopraxis, the aesthetic logic of commensuration correlated to the biopolitical logic of enumeration and the liberal-constitutional
logic of parliamentary representation—three distinct, if mutually reinforcing, means of producing
religious difference.107 Pictures
of so-called founders
lent themselves readily
to this aesthetic project, easily circulating even beyond the lithographed page. Consider, for example, the Temple of Religion in the main entry hall of the Theosophical
Society’s Adyar headquarters, its construction between
1885 and 1911 over-
seen by Henry Steel Olcott and
Curuppumullage Jinarajadasa.108 The temple walls feature representations of nearly twenty sacred men in bas-relief white plaster set against a pink background. Large images of the “five
founders” of the “great religions” (Jesus,
Buddha, Krishna, Zoroaster, and, in place of
Muhammad, the shahada) occupy arched niches.
Above them, the ceiling is ringed
by small ovals
containing abstract symbols
of more minor
prophets, including Moses, Mahavira, Mithra, Orpheus, Confucius, Quetzalcoatl, and Baha’u’llah.109 This spatial arrangement preserves difference even while per- forming
unity: each religion is literally ringed off from the others. Perhaps
surprisingly for a society founded
on the dream of reconciling religion and
science, all these men are straightforwardly “religious” figures.
Two of these bas-reliefs appear to have been modeled on widely circu-
lated images of Zoroaster and Jesus (see Figures
13 and 14). (The Krishna and Buddha also echo mass-produced images, but
without clear specific refer- ent.) The Zoroaster
image, based on a misidentified Persian relief sculpture, had become
commonplace in Parsi circles by the 1880s and circulated in a variety of forms,
including the “excellent” color print that Olcott obtained in Bombay in 1882.110 Reproductions of William Holman Hunt’s The Light of the World also circulated in South Asia, including as the frontispiece to Edwin
Arnold’s 1891 book of the same title (reissued in Bombay in 1903). This poetic
life of Christ
was the sequel
to Arnold’s popular
1879 life of the
Buddha, The
Light of Asia, with the geographic discrepancy of these twinned titles
articulating a clear hierarchy: only Christianity is a world religion.111
Aesthetic form—including both literary list making and visual list
making—determined the distribution of the sensible, thus shaping the ground on which religious
comparison could occur.112 Even when it seemed
to produce equivalence, it could reinforce difference. This was particularly clear when it came to the
question of who founded Hinduism—and thus also the related question of whether “Hinduism” was a discrete “religion.”113 Without a clear founder, Hinduism
certainly did not quite fit the world reli- gion template. What seemed
like a shortcoming could, however, be recast as a virtue. It was certainly the
case, as Vivekananda explained in Madras in 1897, that Hinduism was
exceptional: “every other religion depends on some person or persons.”114 But that lack was to Hinduism’s advantage. “No religion built upon a person can be taken up . . . by all the races of mankind,” because persons
are irreducibly local
and particular. This is why Hinduism
is the only “universal religion.” It has “persons
by the score” (indeed, room for “millions” of them, including
Krishna), but they are always “embodi- ments” or “illustrations” of higher doctrines. Hinduism “teaches principles and not persons.”115
Vivekananda’s argument here is starkly different from Malaviya’s claim, thirty years later,
that all religions, including Hinduism, have a person at their
head. The difference can perhaps be explained by what appears in Vive- kananda’s lectures as a
distinctively fin de siècle anxiety: the epistemological uncertainties created
by new historical methods. The “great founders”
had a way of evaporating in the hands of historians, Vivekananda explained, so by insulating Hinduism
against them, he was also insulating it against his- tory itself.
figure 13. Dosabhai Framji Karaka, History of the Parsis, vol. 2 (London:
Macmillan, 1884). Public domain.
HISTORY AS A MORAL PROBLEM, OR, THE ETHICS OF
DISENCHANTMENT
That strategy would
not work for the Aryas, who were firmly committed to a historical figure. For
them, history posed both an epistemological and a moral problem. As we have seen, Dayananda’s biographers fretted about the implications of inserting supernaturalisms into the swami’s story. Some
figure 14. William Holman Hunt, The Light of the World, as reproduced in Edwin Arnold, The Light of the World (London
and Bombay: Longmans, 1903 [1891]). Courtesy of the Royal Ontario Museum
© ROM.
of these
implications were ethical. “The purpose of reading biographies of great men is to improve the reader’s behavior.
But, if the biography is of an omnipotent
god, imitation becomes impossible,” explained Durga Prasad in 1913. This is why inserting miracles
into the “lives of great souls,” or inter-
preting those souls as avatars or prophets, is
dangerous. It leads to “idiot devotionalism”
(murkhta ki bhakti).116 In a 1924 essay on “the rishi’s
miracle,” Chamupati made a similar
point. Miracle, he says, is the “basis of fools’ religion.” All intelligent people agree that religion’s proper foundation is not
chamatkar but achar, not miracle but right conduct.
The latter (i.e.,
ethics) is the “highest
miracle.”117
This ethicization of religion went well beyond the Aryas. We can see it in
M. G. Ranade’s
proposal that “biographies” of bhakti saints
emphasize not miracle but “moral law.”118 We can see it in modern sira texts that strip the Prophet’s life of miracles such as
the splitting of the moon, presenting him as an ethico-political
figure whose real miracle was civilizational reform.119 The Aryas were notably crisp,
however, in how they framed
miracle as a moral
problem. “Man is essentially an imitative being, individually and collec- tively,” wrote the Arya Patrika in 1891, and the “Hindu
nation” has had only “bad models” in Krishna and other “heroes”
of “Puranic mythology.”120 To critique miracle was to reform classical
Hinduism by checking
its euhemer-
ist impulses. “Even
though Shri Krishna
was not an incarnation of God but only
a human being, he was a model human being. He was a great teacher,
a great warrior, and a man of great learning. His life is an ideal
for us,” wrote Lajpat
Rai in the 1890s.121 In 1883, Dayananda had argued that Rama
and Krishna were not gods but “great kings and emperors”; in 1886, Ban- kimchandra Chatterjee similarly tried to recuperate Krishna
as the “ideal man.”122 Rai built on this
project, incorporating an ethicized Krishna into the globalist framework of
Carlylean anthology and then redirecting anthology toward nationalist
ends. Sequence and selection imply argument. Mazzini and Garibaldi give
Rai’s Shivaji a nationalist hue that then paints his Krishna and
Dayananda in “political,” not “religious,” tones.
A persistent tension
between miracle and morals, enchantment and dis- enchantment, cut across many literary genres
in the nineteenth century. Indeed, it could be plausibly suggested
that the dialectic of disenchantment
dates to precisely this period,
a literary corollary
to Victorian secularisms.123 If, in India, the realist novel was one
aesthetic coordinate for the disciplin- ing of miracle, the generic tension between
hagiography and biography was another.124 Biography was simultaneously a mechanism of
epistemic disci- pline,
ensuring veridiction of fact, and a mechanism of ethical discipline, restraining writers’ impulses to indulge in miracle tales.
Late colonial biography was shaped profoundly by the evidentiary norms of
the new scientific history that percolated outward from Leopold von Ranke’s
Berlin, becoming fashionable among South Asian
intellectuals around the 1880s and leading to the establishment of the subcontinent’s first graduate-level
history program in 1919.125 The new academic history seri- ously challenged earlier traditions of popular history
writing—the world of Carlyle’s Heroes and Macaulay’s History of England—without
ever fully dis-
placing them. It
posed a similar challenge to religious life writing. Muslim biographers of the Prophet
had to reckon with Muir’s
expertise in “original sources” (as advertised in the
title of his book). Modern Hindu hagiogra- phers were likewise grappling with the evidentiary
norms of scientific biog- raphy
as a rival genre.126 These norms are likely what drove the
Aryas, in the 1880s, to amass a primary source base for reconstructing
Dayananda’s life. They also seem to have inflected Ghasiram’s 1912 remark that the Samaj had yet to produce “a true biographer
of the rishi, in the full sense of that word”—that is, a sympathetic yet impartial writer
with exhaustive knowl- edge of his topic based on primary source
research.127
By bracketing miracle, biography opened the history of religion to new political
uses. History writing was never far from nationalist politics, as seen in Arya texts like Ramdev’s multivolume Bharatvarsh ka Itihas (History of India, 1910), or Rai’s juxtaposition of Garibaldi with Dayananda.128 But his-
tory also became political when rendered as a moral battleground, a contest
over the character of the nation. In a 1924 Dayananda centennial essay, the
anticolonial thinker Har Dayal noted that he was neither
an Arya nor even interested in
religious debate, but rather came to Dayananda through the lens of “history and
sociology” (samajik shastra). His disciplinary goggles showed religious
personalities to be ethical exemplars, communicating universal
virtues like sacrifice
and charity such that even an anarcho-leftist could extend “respect” to
“all of the world’s great men, rishis, and sages, whether they are Hindu,
Christian, Parsi, or Arya Samaji or Brahmo.”129 Ethics neutralizes sectarian difference,
opening the way to a cosmopolitan politics.
THE RHETORIC OF THE RANGILA RASUL
Although he did not know it, Har Dayal was echoing a core rhetorical move of the Rangila Rasul, a text published five months
earlier that was heavily invested
in the sort of religious debate he himself
had disclaimed. It too
introduces conceptual space between life and ethical
teachings, turning per- sonalist slander
toward polemic ends. To the twenty-first-century reader, the tract’s
smutty titillations will seem quite
restrained. Its hypersexualiza-
tion of Muslim men and panic about interreligious marriage will, mean- while, seem drearily familiar, a dispiriting reiteration of Islamophobic tropes still current today.
To me, two features of the Rangila Rasul have seemed
most interest- ing, most in need of critical elaboration. The first is the
text’s emphatic positioning of its Prophet within
a comparative list of sacred
personali- ties. It opens by contrasting Muhammad
with the Buddha,
Jesus, and Day- ananda.
Midway through, it proffers a much more irreverent list, placing Muhammad (“the
wives guy” or biviyon-wallah)
alongside Krishna (“the flute guy”), Rama (“the archery
guy”), Guru Gobind Singh (“the plume
guy”), and Dayananda
(“the Veda guy”) (the Americanism “guy” captures some of the disparaging irreverence of “wallah” here).130 Pandit Chamupati, our pamphleteer, has taken the established
genres of hero-worship as an opportunity for parody or farce in a blasphemous inversion of comparative prophetology. He also underscores this genre’s maleness: Khadijah, Ayesha,
and company are reduced to adornments of the male body, of a kind with plume, flute,
bow, and book.
The second key feature of the Rangila Rasul
is its rhetorical structure. The tract is a parody
self-help book, a joke hagiography that guides its pre-
sumptively male reader toward sexual virtue. It is
written in the voice of a semifictitious first-person
narrator who identifies himself as a devotee of Muhammad, a “chela”
to the Prophet’s “guru.” This spiritual seeker has com- pared multiple
sacred personalities and chosen Muhammad,
finding great- ness in the fact that he was a “householder prophet”
(grihast paigambar). Where many Muslims have seen this
status as a mark of virtue, indicating an ability to integrate spiritual and
worldly life, the Rangila Rasul’s narra-
tor is more cynical in his assessment: a married prophet appeals to human
weakness. Like Jesus and the Buddha, “Dayananda was a lifelong
celibate. He was a god [devata], but since I am just an ordinary
human how could I ever attain his kind of celibacy [brahmacharya]? I have neither the desire
for such saintliness [sadhuta] nor the courage to
choose it,” he confesses.131 This, of course,
was the precise
problem that Arya hagiographers had been
formulating. If Dayananda seems too godlike, then ordinary readers will fail to emulate his virtues, presuming them to be inimitable. The Rangila Rasul plays this (here sexualized) anxiety for polemic
purposes, implying that a deified Dayananda would propel Hindus toward Islam.
Delivered with snarling
insincerity, these opening
remarks foreshadow what follows.
The narrator veers in and out of character (like most polemic literature, the Rangila Rasul was
probably written in a hurry).
Sometimes he engages
in comic duplicity, as by saying he would never accuse Muhammad of
marrying selfishly and then immediately comparing him to Henry VIII. At other
times, his insults are implicit, as with feminizing the Prophet by
describing his
“bashful eyes” or his subordination to Khadijah.132 At no point could any reader of this tract be deluded
as to its purpose.
Repeatedly, the narrator frames Muhammad’s life via the Hindu ideal of the four ashramas, or life stages. Muhammad, we learn, mostly kept to the shastric
ideal until age fifty. He was celibate until twenty-five and subse- quently lived virtually as an “Arya householder” with Khadijah. The prob-
lems came when he should have entered vanaprastha, leaving householder life behind to become a semi-ascetic forest dweller. Instead, he married prof- ligately, flouting the “Arya dharmashastras.”133
The divergence of human life from moral ideal emerges
as the tract’s defining preoccupation. In the opening section, the
narrator describes Muhammad as an “experienced prophet” (anubhavi paigambar), probably with sexual innuendo. Repeated
in the closing section, this phrase also does
considerable conceptual work for the tract as a whole. The Rangila Rasul is a sort of polemical Bildungsroman, using its protagonist’s errors to direct its reader toward moral truths. Or, to take the term that the tract itself uses
on its title page, it is an “instructive history” (shikshaprad itihas), transmut-
ing events (itihas, that which happened) into moral lessons
(shiksha). Its protagonist turns
bitter experience into a sweet drink “for everyone’s ben- efit.”134 Muhammad’s
wives, with their
names serving as section headings, become the textual ground from
which this experience grows. If he could live again,
the text’s prophet
admits, he would cover his ears at the very mention of
polygamy; his followers should cultivate the “moderation” at which he failed.135 His “life is instructive, filled
with lessons, and filled with warnings; truly
Muhammad is the one who shows the right path.”136 This last phrase, a parodic rendering of
the Qur’anic motif of the straight path, would suggest that this polemic
tract is a sort of rival scripture, guiding its readers toward unattained
virtue.
The Rangila Rasul culminates in a section called
“The Rainbow,” which reaffirms its protagonist’s instructive value. “Reader!
You have seen some colors of the life of the colorful [rangila] prophet.” The narrator then lists seven lessons,
one for each of the rainbow’s hues.
Take only one wife. Keep brahmacharya until
the age of twenty-five. Do not marry an old lady of forty
but make her your mother.
And so on.
This bifurcation of norm and narrative provided Justice Dalip Singh of the
Lahore High Court with the basis for his controversial 1927 ruling. He could find no passage
in the Rangila Rasul, he wrote, indicating that the tract “was meant to attack the Muhammadan religion
as such or to hold up Muhammadans as objects worthy
of enmity or hatred. On the contrary,
the
pamphlet expressly says the people should do as Mohammad advised but should not
act as Mohammad himself acted.”137 The Lahore public, as we have seen, decried
this argument as convoluted nonsense.
Whatever its demerits, the ruling did stick close to the text of the Rangila Rasul, which went out of its way to produce precisely this division.
It seems likely that Chamupati understood the
legal context within which he was writing and finessed his tract
accordingly. Still, this conceptual structure did not come out of nowhere. As Ghasiram said, no biography of Dayananda is complete without
a list of the swami’s
teachings—often a list of
the ten rules of the Arya Samaj. The seven colors of Chamupati’s
rainbow echo this Arya convention.
CONCLUSION: CODE AND LIFE
“Our
Prophet’s life is a code in itself,” declared a Peshawar group in response to the Lahore High Court’s ruling.138 That is, in classical terms,
sira contains
sunna.139 Here, the sacred life sets an example, becoming an ethical paradigm such that life and rule fuse together in sacred indistinction.140
Can a sacred body stand in for a religion? Are textualized faiths
separable from the lives
of their founders? Like so many of their
contemporaries, the Aryas kept coming back to these questions. From
Dayananda forward, they were obsessed with sacred personalities, using personalist slander
as a tool for moral reform and sometimes sidelining doctrine in the
process. Prin- ciples and persons came to occupy
parallel streams of Arya thought, each vying
for preeminence. The resulting tension between rule and life, text and body can be seen quite clearly
in an October 1924 image (see figure 15). Illu- minated by a heavenly Aum, a loincloth-clad Dayananda holds up a tablet with his ten commandments, “The
Rules of the Arya Samaj.” Despite the prominence of doctrine in this
composition—literally foregrounded, the tablet text is printed in eye-grabbing
red ink—the ascetic body insistently asserts
its iconic presence.
The beams lead the viewer’s
eye straight toward Dayananda’s
frontally directed gaze. Text and body compete for visual atten-
tion,
each implicated in the other to exert a doubled
normative force.
Religion here is about books, bodies, and the spaces in between. Aryas
traversed these spaces using a historically specific network of media tech- nologies. The virtuous body was a site of inscription, a
kind of media text, with printed biography (jivani) “pouring” into life (jivan) (to recall the
figure 15. “Arya Samaj ke Niyam” (Rules
of the Arya Samaj). Cover of Prakash (Lahore), Rishi Birth Centennial Issue, October 26, 1924. © The British
Library Board. Shelfmark 14154.c.40.
Dayanand Chitravali)
through concrete media practices. In 1914, the Lahore Young Men’s Arya Samaj
held a contest on Shivaratri for the best student essay about
Dayananda’s biography.141 None of the submissions survive. Still, one can imagine the scene. Young
men pick up pens, their
disciplined bod- ies hunched over desks while inscribing onto
paper a life that makes a moral claim, etching itself into their flesh
through their gendered identification with the boy who once saw a rat.
EPILOGUE: INSULTING ALL PROPHETS
Such minor scenes
have major effects, shaping not just the ethical practice of the self in late
colonial India but also, arguably, the twenty-first-century politics of religious offense.
In her widely read essay on the 2005–2006 Dan- ish
cartoon affair—wherein caricatures of Muhammad published in an Aar- hus newspaper
sparked global protests—the anthropologist Saba Mahmood
demonstrates how most policy and scholarly discussions of religiously inju- rious speech rely on a
culturally provincial set of liberal presuppositions. As Mahmood explains,
religion is not, as the liberal fiction has it, a set of beliefs or
propositions chosen by a fundamentally autonomous subject. It is, rather, a
habitation of the subject that shapes the emergence of the embodied self well before the fictive moment of liberal choice. To
develop a theoretical vocabulary for describing such religious
subjectivity, Mahmood excavates an Aristotelian language of schesis (translated into Latin as habitus),
which she presents as in some sense internal
to Islamic tradition
(with Arastu appearing
as Islamicate philosopher). For Mahmood, schesis indicates the disciplined inhabitation
of an external norm that becomes the prior condi- tion of the self as subject of virtue. When the devout
Muslim models his or
her life on the Prophet,
then, Muhammad becomes
inscribed into the virtuous subject’s
bodily habitus, existing
in “intimate proximity” with the self. No wonder insults
to him get under the skin.142
This chapter’s cultural history of comparative prophetology would seem to
indicate two important adjustments to Mahmood’s account of religious subjectivity.
First, this disciplined inhabitation of ethical models—this veneration
of religious heroes—was also a media practice, emerging from within historically specific assemblages of media technologies (print, litho- graph, etc.). Second, it was not just about Muslims. Popular
devotion to the Prophet Muhammad in the late
nineteenth and early twentieth centuries was part of a transcolonial
and transreligious cultural field, wherein great men appeared
central to various
world religions, and religious heroes were
continuous with political ones.
“Why this modern religious interest in a person?” wondered Wilfred Cantwell
Smith in 1943. Smith’s answers to this question are still persuasive:
Liberalism and capitalism fetishize the individual. Urban atomization leads people to invest feeling
in larger-than-life personalities rather than each other, giving rise
to a newly deinstitutionalized politics of the heart.143 To
this, we might add that sacred personalities help mediate
historic shifts in the structure of religious institutions.
If religious “authority is constantly a
work in progress” (as one scholar puts it), this was especially true in colonial India, where ‘ulama, pirs, pandits,
gurus, and more were scrambling to reinvent themselves in an age of rapid social and technological change.144 The old networks of monastic govern-
mentality were, in short, being rewired.145 When a figure like Ahmad Riza Khan Barelwi situated his embodied devotion to the Prophet
(e.g., kissing his thumbs and touching them to his eyes whenever
the Prophet was men-
tioned in prayer)
by teaching that the Prophet
is the culmination of a chain
of authority that runs through other men (pir, shaikh, etc.), he linked ethi- cal emulation of the Prophet to shifting networks of
governmental power.146 Something similar could be said for other
religious movements. The net- worked field of religious
governmentality was shifting, and devotion
to prophets
(and swamis, avatars, founders, reformers, great men, etc.) helped mediate these
shifts. Representations of these men entered into assemblage
not
just with each other, but also with living human bodies of various kinds. I
gesture to this broadened history to de-exceptionalize
Islam—and thus counter a potent strand of Islamophobic rhetoric that routinely positions Islam as a unique symbol of excessive religious feeling. The modern religious interest in sacred
personalities was never just Islamic.
It was also never just
“religious.”
Thinking with Mahmood, we might ask how Arya schesis—an ethical emulation
of Dayananda Saraswati—was predicated on a remarkably diffuse cultural field. Hagiography put Aryas into intimate proximity
not just with Dayananda’s virtuous flesh, but also
with all of that saintly body’s eclectic connections. If their comparative prophetology was frequently polemical, using the popular
practice of comparative religion to produce and control religious difference, its end result,
perhaps, was to inscribe that very differ- ence into Arya bodies,
a side effect of absorbing the swami’s saintly
virtues. Difference was the precondition of the polemical-ethical self—a trace of the
other under Arya skin.
they say
“dead
scandals form good subjects
for dissection.”1 The Rajpal
affair may not be entirely dead. Somebody maintains a Facebook page under the name
“Pandit Chamupati M.A.,” and #rangeelarasul is now a
Twitter hashtag for Islamophobic remarks like “your prophet is gay” (repurposing an adjective used in 1920s translations in its earlier
meaning of “carefree”). There are even sporadic
rumors about a Rangila Rasul movie. Still, precisely in
its undead state, this historical scandal offers a clarifying window onto our
present—a view onto the transcolonial history of
secularism as global political form. I return to what it shows
us below, where I reprise and further develop this book’s core arguments.
First, however, I draw my historical narrative to a close with what amounts to
a public service announcement.
“ WE SAFEGUARD
AN HONEST MAN ”
Amid all the
disagreement of the 1927 Legislative Assembly debates, one point
comes through quite clearly—and it bears stressing for readers interested
in the contemporary application of 295A. Its framers emphati-
cally exempted two types of writing from this law’s
scope: scholarship and reformist critique.
It was “fundamental” to 295A that “historical works” and “bona fide and honest criticisms” be protected, as the committee charged with revising
the law explained, which is why they added the phrase “deliberate intention” to the
central government’s draft language. With this phrase, one committee member said, “we safeguard an honest man.”2 Another committee mem-
ber put the matter more colorfully. Section
295A was written to protect the “sly
skeptic,” the “doughty doubter,” the “diligent sociologist,” the “absent- minded philosopher,” and even “the apparently merciless
satirist” who applies his “knife” for the “good
of society.”3 There were those,
like Lajpat Rai, who wanted
these protections made clearer. He proposed an amend- ment explicitly protecting “historical research” and “legitimate criticism.”4 Other legislators,
like Pandit Thakur Das Bhargava, asked for language pro- tecting “the comparative study of religion.” James Crerar, the British home member, rejected these proposals by
insisting that such protections were already implicit in the existing text. New
language would be redundant.5
Crerar also shot down a proposal to write a sundown clause
into 295A, making it expire automatically on December 31, 1930.6 If this was “emer-
gency” legislation tailored to the
“special circumstances” of the Rajpal affair, it would be foolish
to render emergency
permanent by converting a tempo- rary crisis into a general rule, Lajpat Rai argued.7 Crerar denied the point. A general
rule, he argued,
is precisely what 295A
was. Soon it was time for
a vote. The bill passed, 61–26.8 It was then sent to the Council of State,
the upper house, which adopted the motion on September 21.9 Section 295A has been protecting “religious feelings” ever since.
The Legislative Assembly did not, as one of its members reminded the room, have a “monopoly of the best brains of the country.”10 That someone
even
felt the need to argue this point underscores the assembly’s intellectual
firepower. These lawmakers’ strong reservations about 295A
might well give pause to those who would invoke this law today.
AFTER THE AFFAIR
Once enacted,
Section 295A was immediately greeted with howls
of disap-
proval. The press described it as “savage and
irrational,” “worse than the disease,” an “engine
of repression” that would turn religious reformers
like Rammohun Roy and Dayananda Saraswati into outlaws.11 “Save Us from Our Friends!” cried the Muslim Outlook, protesting a law
ostensibly made for Muslims that many Muslims did not want.12
It was hoped the new law would end the controversy over the Rangila Rasul. That did not happen. In September 1927, Mahashe Rajpal was stabbed in his bookshop. He survived. Then, in 1929, he was stabbed again—fatally. Offensive texts, meanwhile,
kept circulating. In September 1927, a new Hindi
edition
of the Rangila Rasul came to official notice, with all
copies declared forfeit to the Crown.13 A few weeks later, the book was reportedly
still cir- culating, with
rumors of a Gujarati edition on the way. The government’s response was scattered. Bengal
did nothing. Bombay
police confiscated pamphlets without
initiating legal proceedings. The United Provinces filed a suit under 153A, the very law 295A had
been meant to replace.14 Two years later, a government report
found that only seven 295A trials had been con- ducted to date, with just two of them resulting in convictions under
the section.15
Perhaps 295A was destined to fail. The Legislative
Assembly, after all, had not been
optimistic about its success. To them, it seemed a “spider’s web, in which the
warp of intolerance has been crossed by the woof of fatuous reasoning.”16 It was “repressive legislation” serving “no
useful purpose what- ever.”17 Or perhaps its purpose was all too clear: it augmented the authori- tarian powers of the colonial state, the latest in a growing “catalogue” of repressive measures.18
It certainly did not seem likely to end religious conflict. Religions, one
legislator insisted, are inherently at odds,
with one person’s cherished belief another’s outrage.19 Worse, censorship just incites desire.
“Forbidden fruit has always tasted sweet,” and “one stupid fanatical man
in jail does not solve the problem” if a “book goes on circulating . . . passed from hand to hand.”20 For all these
reasons and more,
it seemed probable
that 295A would create “greater
discord between communities,” functioning to “increase fanaticism because it creates a new offence.”21 (Many scholars would agree that this is exactly
what it has done.) “Personally I feel that neither religions
nor their founders should require any legislative protection,”
remarked Lajpat Rai.22 He would have preferred
295A never existed.
Many people today feel
the same. They would like to abolish this troubled law.
In twenty-first-century India, the problem
of 295A is tightly intertwined with Hindu nationalism and its
hold on contemporary public culture. In a dark
irony (but globally
a common one),
a law initially devised to protect a minority group has since been co-opted
as a tool of aggrieved
majoritarian- ism. The historical complexity of this aggrievement
should, at this point, be evident. In invoking the Indian Penal Code, Hindu
nationalists become Macaulay’s children. They speak in his words, channeling
affect into the narrative grooves of
colonial-secular law.
I am certainly sympathetic to 295A’s would-be
abolishers. Yet, as I hope this book has shown, the section
stands in for a larger set of problems that admit no easy solution. We are still,
in a sense, replaying the scene of inde-
cision that unfolded in 1927. What kinds of
limits can a liberal state place on free speech
without ceasing to be liberal?
What kinds of protections
should a secular state afford to something
called “religion”? What, after all, is
the harm in religiously injurious speech, and do legal systems
devised to decrease that harm actually
intensify it?
ON PENAL SECULARISM
Blasphemy, as
excessive religious semiosis, sits at the intersection of “free speech” and “fanaticism,” in one of liberalism’s
aporetic blind spots. It pulls liberal
speech theory in two directions at once, appearing
both as a practice of freedom
and an atavistic threat to the rationally autonomous individual.
Blasphemy poses a parallel problem for secularism. (While not all secular- isms
are liberal, liberalism has been the dominant idiom of secularism in the global Anglosphere, so I partly conflate them here.) It activates both secularism’s
promise of freedom and its regulatory impulse (to recall Saba Mahmood). Or, put differently (recalling Partha Chatterjee), it activates both the
modern state’s liberal-constitutional rationality, which takes reli- gion as a site of rights, and its ethnographic-governmental rationality, which takes religion
as an empirical object requiring
documentation and technical management.
In colonial India, this ethnographic-governmental secularism took a variety of forms. One of them was what I am calling penal secularism—
that is, a secularism that approaches religion as a potentially criminal object,
requiring policing and rehabilitation. Penal secularism’s religion is conceived from within the logic of security, population, and territory. It is the religion
of (to use the jargon
of several distinct
historical periods) enthusiasm,
fanaticism, and terrorism. This penal secularism is—more or less by definition—the secularism implied by the Indian Penal
Code, a self- consciously
secular document that approaches religion as a source of poten-
tial violence. Its “religious feelings”
indicate a given class or population’s propensity to breach the peace. They are an affective proxy for violence, violence in potentia.
No less an authority than William James concluded, in 1902, after an
exhaustive survey of the relevant scholarly literature, that there is no specifi- cally “religious
feeling.” Instead, a feeling like “religious love” is simply ordi- nary love “directed to a religious object.”23 A feeling, one might paraphrase,
is a
directionality, orienting a subject toward some object in the world. Section 295A orients
via “outrage.” It finds its “religious” object in the law’s populational
“classes”—classes that the law, in turn, orients around outrage in an affective-conceptual loop. “Religion” here is less an object than a router word or transponder node, connecting the colonial
state to the ostensibly excitable feelings
of its racialized subjects.
If 295A and related laws increase rather than decrease violence (a per- verse
outcome, given their ostensible aims), it is partly because they inscribe the potential
for violence into law—and, with it, the cultural script of com- munal
conflict. Law becomes a technology for structuring and even eliciting outrage,
a relay in the ongoing transmission of affect. It bears asking whether sustaining
rather than dampening violence served the ends of the colonial state—justifying continued intervention in Indian
society and thus reinforc- ing the state’s
symbolic power.24
ON “ RELIGIOUS” PAIN
If a feeling is a directionality orienting a body toward an object, a body
oriented toward the modern concept of religion is an odd body indeed. It is a body oriented by an abstraction, a
generalized, administrative category. Nobody cares about insults to “religion,” the general-order anglophone con- cept. People care about insults to beloved particularities:
Krishna, crucifix, Qur’an. The category “religion” works to mediate among these
affectively charged particularities. It is a router word—an
especially dense transfer point for the circulation of
affect.
Secular law, we might say, speaks the language of Bentham, not Burke.
It describes legal feelings that are phenomenologically thin but meant to
regulate the phenomenologically thick world
of tradition or prejudice (i.e., untaught feeling). Secular law’s structural exclusion of tradition (in the Burkean sense—or what could, moving deeper into the nineteenth cen- tury, be
called culture) creates a standing reserve of dissatisfaction among those who see their
lifeworlds
as inadequately captured
by law’s language. Because a legal code (that austerely philosophical print genre,
linked to the Benthamite-rationalist currents of
Atlantic-world Enlightenments) speaks in the order of the general, its
emotional lexicon is necessarily incommen- surate with the intimate particularities of human life.
The emotional mismatch between legal and lived religion was especially
visible when the Legislative Assembly’s select committee clarified the
terms of 295A. In the section, they explained, the phrase
“religious beliefs” was meant to include “founders” like Muhammad. What a
strange reduction. Persons are not beliefs, abstract
propositions to which one assents;
they invite much more intimate and affectively intense forms of
identification. This reduction of religion to belief is, however, a routine feature
of modern secular
governance, as is the related reduction of belief to cognitive assent to propositions (sidelining the forms of social trust long
integral to the word).25 Such reductions abstract
religion from the body and its ritual and social practices. Law’s religion comes to look like law itself, consisting of rules,
books, bureaucracy.
Codified law is not therefore, however, purged of emotion—as leeched of life as Bentham’s
taxidermized corpse. Rather,
law becomes a site for the
production of new species of sentiment. These
might include class
feelings, affects articulated around enumerable identities anchored in
the adminis- trative
rationality of the modern state. They might also include the proce- dural effervescence that burbles up in civic
meetings, those paradigms of liberal deliberation. In both cases, religious
affect emerges from within the institutional
structures of the modern state
and its affiliate organizations. It thus takes
on some of the tenor
of those structures.
This is perhaps especially clear when affective claims are made via the term religion. What is it to feel for, or through, this modern concept?
The answer will vary depending on context, of course. In many
cases, however, it is to feel via an
abstraction, entangling affect with the transcolonial
histories of secular
law.
ON SPIRITUAL GOVERNMENTALITY
To see any of these feelings clearly, we need to think past the reified distinc- tion between
state and society, those abstract categories. Toward that end, this book has
framed its arguments via a postcolonial-Foucauldian notion of governmentality that blurs the line between
law and culture, public and private, the official and the intimate, the bureaucratic and the embodied (especially
when governmentality is refracted through affect theory, as it has been
here). The preceding chapters have traced crossings between seem- ingly disparate registers of power. They asked, for instance, how Macaulay
upscaled Claphamite reformism when he wrote the Indian Penal Code,
and how Arya Samajists downscaled that document by harnessing its legal
concepts to their polemical-ethical project
of moral reform.
I hope such analytic exercises have thrown the public/private
distinction into produc- tive confusion, in sympathy with scholars like Lisa Lowe and Joan Wallach
Scott—especially the latter’s
argument that the history of secularism cannot be
written independently from the history
of gender and sexuality. The his-
tory of Indian secularism also cannot be written independently of the his- tory
of caste, with the structural transformations of the late colonial public inseparable from the ongoing rearticulation of the caste sensorium.
Legal religion is not lived religion, just as law, by definition, cannot coin- cide with life.26 We might take this claim as axiomatic
for critical secular studies. Still, one
should be careful about how one configures this axiom. Lived religion, after all, is not life itself. Religion is a means of governing life, of bringing life into closer alignment with a set
of ethical or even legal norms. It is thus,
in some sense, functionally analogous to law and can enter into assemblage with it.
To study the history of what could be called religious or spiritual gov- ernmentalities is to see how such assemblages emerge. In late colonial India,
legal and spiritual governmentalities emerged in tandem, as
complementary mechanisms for managing feeling. Occasionally, somebody would try
to pull them into tighter relationship, as with the 1927 “Respect
for All Prophets” movement. Its proponents asked the colonial state to create a
law mandat- ing
respect for all religions—a law that would have ratified a social norm by turning
it into a legal one (thus abridging the nominal distinction between state
and society preserved by 295A, and perhaps revealing that distinction’s constitutive artificiality). The lost law would have knit the colonial state more deeply into South Asia’s crisscrossing, capillary networks of spiritual
governmentality (monastic governmentality,
guru governmentality, ‘ulama governmentality, and so forth).27 Its critics argued that granting legal pro-
tection to all such sacred personalities would be both socially corrosive
and preposterously impractical. With the conceptual difficulties alone
almost comedically insurmountable, the “Protection for Prophets” law never got off the ground.
Even so, the lost law points to a more pervasive political impulse. Many people
in late colonial India were trying to better coordinate legal and spiritual governmentalities. We have already,
in chapter 3, encountered the Legislative Assembly select committee
proclaiming that “the inculcation of peace is an essential principle of all the great religions”; any religion that departs from it is not “religion” at all but criminal “fanaticism.” This claim
works to position
the folk practice of tolerance as a correlate of state secu-
larism. Religions too, or at least those worthy of
recognition, work to pre- serve public order. They function in tandem with law.
The law that the committee helped craft was perhaps, then, more like the
religions it sought to govern than one might at first expect. Section 295A, as another assembly member put it, was “necessary to educate people into tolerance.”28 It too would
inculcate peace. It was not just a legal decree, stipulating
rules in the style of juridico-sovereign power. It
was a pedagogic governmental tool, training
the colonized in the norms of good citizenship.
If the Rangila Rasul was an instrument of governmentality, a printed tool designed to alter the flow
of words
and
feelings, so too,
in a sense,
was 295A.
ON THE GOVERNMENT OF WORDS AND FEELINGS
Liberal states strive to govern by governing less, especially when it comes to speech. Yet even the most liberal of states cannot
help but govern
the circu-
lation of signs, becoming involved in the project of
what could be termed “semiotic governance.” With this phrase, I mean to invert the notion of “free speech,” both semantically and conceptually, by suggesting that in matters of speech, governance is primary
and freedom a secondary effect.
When a person declares that she is engaging in free speech, she marks her
speech as receiving the implicit protection of the state, as guarantor of
fundamental rights. This rhetorical inscription of the state within the “free”
speech act thus produces a sort of paradox, at least if one takes free to indi-
cate total independence from external
constraint. By marking
her speech as “free,” the speaker works to situate
her speech within a larger structure of political
sovereignty, in which she is but one node; dependent on and shaped by that larger structure, her speech is, by a certain definition, not free at all.
She also, at the same time, uses the marker free to reshape her immediate rhetorical situation, as by insisting that some other person should not be trying to restrain
her speech. The word free becomes a
means of inverting this perceived restraint, flipping the power relation to
restrict the actions available to her interlocutor through
invocation of the state’s symbolic authority. The rhetorical marker free thus, counterintuitively, works to pro- liferate constraint. It shapes a field of power relations
in which the state is a
palpable symbolic presence, mediated through the social.
Free speech might well remain an important tactical concept in a variety
of
political struggles. It is, however, a poor tool of social and cultural anal- ysis. Among other
things, it tends
to abstract speech
from the body and
its practices. So, for example,
when free-speech purists
in the US defend what
they experience as repugnant speech (e.g., a neo-Nazi rally)—even going so far
as to seek that speech out, intentionally exposing themselves to injurious words—they are engaging
in what one media theorist
has pre- sented
as a quasi-spiritual bodily exercise, a practice of secularized asceti- cism centered
on a neo-Stoic cultivation of indifference to pain.29 In this,
these free-speech ascetics are perhaps not so different from a late
colonial figure like M. K.
Gandhi, who also exposed himself to painful speech so that he could
cultivate an attitude of tolerance. Such speech ascetics force us to think past the presumptions of most free-speech talk. Speech here functions
as an occasion for self-negation, not self-expression. It is a mode of force, a means of acting on bodies with
words—perhaps producing generative constraint, with the ascetic body directing
force toward new ends. This is not news, exactly.
Liberalism is an embodied practice, and a historically variable one.30 Secularism
is also necessarily a formation
of the flesh, acting in and
on bodies. We simply do not typically think of either liberalism or secularism in that way.
To see speech as shot through with embodied power relations is both an argument for, and a recognition of the limits
of, “hate speech”—the notion that emerged in the 1980s and later became ubiquitous in discussions of injurious words.
Hate speech law correctly recognizes that speech exerts force. It often fails, however, to recognize the full performative force
of legal speech itself.31 For related reasons,
hate speech law tends not to foreground its core concept’s
multilayered history. To begin to peel back these layers, we might
revisit the 2006 Racial and Religious Hate Speech Act that allowed Britain to finally abolish
the common law of blasphemy
in 2008. This act
echoed a long history of colonial-secular governance, for which race and
religion had appeared as twinned administrative objects (see, for instance,
Bulwer-Lytton’s remarks in chapter 1), while also retailoring these objects to the new governance paradigms of multicultural Britain.32 Meanwhile, the act’s
critics, in mounting
neo-Millian defenses of free speech,
were literally quoting an
East India Company employee, bringing Victorian liberalism into the
twenty-first century.33
The post-1980s notion of hate speech built on and repackaged an older set of legal ideas.
Its archive included
such documents as the 1966 Inter-
national Covenant on Civil and Political Rights, which prohibits advocacy
of “national, racial, or religious
hatred.”34 Behind that text, one can feel the
influence the 1948 Universal
Declaration of Human Rights (emerging
from the same moment of decolonization as the postcolonial Indian constitu- tion).35 Still further back are the transcolonial legal codes discussed in chap-
ter 1. It is not, I think,
unreasonable to presume
that the legal
concept of hate
speech derives from the same set of entangled histories as the Indian Penal Code.
Section 153A was
certainly a hate speech law avant la lettre, criminalizing the incitement of “enmity or hatred” between classes. It is about group defa- mation, or at least something like it (in chapter 6, we saw one 1898 bureau-
crat
calling it “sectarian defamation”). Section 295A is also a hate speech law of a kind, delineating an offense
substantially redundant with 153A. In it, “enmity” becomes “outrage,” rerouted through the discursive object religion. What is it to defame a religion? This question was—and
remains—a source of persistent confusion. In 1927, the Lahore High Court distinguished among insults to
Islam (a religion), Muslims (a class), and the Prophet Muhammad (a
deceased individual) and thus, by extension, among three possible word crimes: blasphemy, or slanders of the sacred;
group defama-
tion; and personal defamation. The court then
immediately muddied its nonce taxonomy of
offense. So does 295A, with its circuitous syntax. It ref- erences the crimes of blasphemy and sacred libel while also grammatically
subordinating them to outrages on class-based religious feelings (outrages that are akin to, but not quite the same as, group defamation). It is a sec-
ularized blasphemy law, a
law that is no longer blasphemy. Nonetheless, from the 1920s to the 2020s, it has remains persistently blasphemy-adjacent. People keep on describing 295A as a
blasphemy law—with the concept of blasphemy thus overdetermining this not-blasphemy law’s reception and
cultural effects.
To see the continuities between
the 1920s and the 2020s is to get a clearer
view
of our perpetually offended present. We now live in the era of the gov- ernmentalization of the globe, routinely discussing
populations and their “sentiments, proclivities, and passions” as social facts
requiring technical administration.36 In the 1920s,
Walter Lippmann saw the public
awakening to the realization that its sovereignty was a fiction, its
opinions massaged and manufactured by media
professionals and other technocrats. That reali- zation has since hardened into jaded acceptance.
The media infrastructures of public speech, meanwhile, keep shifting. Once
upon a time, liberals insisted that the cure for “bad speech” was always “more speech.”
Now, the ease and consequent profusion of digital
commu- nication has so fundamentally altered our information economy that more
speech appears
a surefire tactic for drowning
out not just critical voices, but reality itself.37 The old-fashioned tools of juridico-legal power are still around (with India, for instance, regularly
using censorship laws like 124A, 153A, and 295A). Increasingly,
however, newfangled tools of digital gov- ernmentality
(e.g., “the nudge”) seem to have displaced or absorbed these older tools of semiotic
governance. Hate speech
is met with “hate spin,” a rhetorical
technique that inverts the usual rhetorical structure of verbal aggression by rendering aggrievement itself an aggressive act—a means of hurling sticks and stones onto
unsuspecting speakers.38 This kind of affec-
tive inversion has certainly happened
with 295A, a mere mention
of which can alter the flow of words and feelings.
Law, in such cases, has become
something else: a cultural idiom or rhetorical tool, used in extralegal
semi- otic governance. This phenomenon is not, in
itself, new. Law was already shadowed by
cultural doppelgängers in the late colonial period (see chapter 8). It seems, however,
to have intensified with the digital expansion
of con- troversial speech.
RELIGION AS GEOPOLITICAL FEELING
Where
would one begin a history of religious offense after Rajpal? In December 1927, when Ambedkar burned a copy of the Manusmriti to protest caste-Hindu
oppression of Dalits? In 1928, when a Bombay publishing house printed
a Marathi-language life of Krishna under the cheekily reappropri-
ated title Rangila Rasul?39 In 1931, when the Rangila Rasul itself popped up in Fiji alongside a tract called
the Rangila Rishi, mocking
Dayananda Saraswati?40 In 1933, when Angarey (Embers), a founding text of the Progres- sive Writers
Movement, was banned under 295A?41
Such a history would ideally be global in scope. The Rajpal affair was,
after all, global from the start. So was the Indian Penal
Code, with versions implemented across
the British-colonial world.
Section 295A was a relative
latecomer on the scene, and so it only extends to the four countries of for- mer British India. In Myanmar,
for instance, it was recently
invoked against a Yangon
nightclub poster depicting the Buddha as a headphone-clad disc jockey.42
In 1980s Pakistan, Sections 295A and
298 spawned several
new amend- ments to the Code during a period of national desecularization.43 These new sections restricted speech about the Qur’an (295B), Muhammad and other
prophets of Islam (295C),
and additional holy personages (298A),
as well as limiting the ability of Ahmadis to call themselves Muslim
(298B and C).44 By Jayakar’s definition (see chapter 1),
these new sections would count as blasphemy
laws. They are not, however,
some kind of atavistic eruption
of medieval religion, as global media
coverage has sometimes implied. Rather, they are blasphemy rebooted
from within the terms of colonial secularism. In Pakistani debates about blasphemy, Islamic law and Macaulayan law are
fully
fused.45
Studies of blasphemy should keep this geopolitical field in view to better see how transnational structures determine the rhetorical situation
of blas-
phemy’s critics in any given national context. For
example, it bears asking whether secularist critics of 295A in contemporary
India implicitly invoke the specter of Pakistan (wittingly or not)
when they disapprovingly describe 295A as a blasphemy law. Pakistan’s blasphemy laws are, after all, much bet- ter known than the nineteenth-century British
blasphemy trials that were 295A’s actual historical background. If so, these
critics would be implicitly contrasting “secular” India with “fundamentalist” Pakistan,
thereby rein- scribing Islamophobia as a defining condition of Indian secularism.46
Similarly, if we are to understand how twenty-first-century consternation around any of these
South Asian laws plays into global debates
about “reli-
gious freedom,” we need to ask how those
debates are shaped by the ongoing life of empire in its mutating forms. For the contemporary global politics of
religious freedom, the US empire has been especially determinative.47
The incipient US empire was already evident
on the margins of the Raj-
pal affair. The Rangila Rasul was not the only outrageous book
circulating in India in summer 1927. It was accompanied by Katherine Mayo’s Mother India, which by August
had generated a “storm of indignant protest”
all its own.48 Gandhi dubbed it a “drain inspector’s” report; Annie Besant accused
it of “slandering the whole Indian people.”49 Mother India punched many of the
same buttons as the Rangila Rasul (religion, gender, and
sexuality). It is thus unsurprising that it was
mentioned in the Legislative Assembly debates
that September—with the same representative who had expressed alarm over insults to “his” women and religion
accusing Mayo of “blas- phemy of things too holy for her American brain to fancy.”50 His mention of Mayo’s nationality is important. As Mrinalini Sinha has
argued, her book presaged an interwar shift toward increasing US
hegemony, including in British India.51
A whiff of Mayo looms over the series of 295A scandals
that erupted starting in the 1990s around white US American
scholars of Hinduism
like
Wendy Doniger.52 One needs to be careful
here, however. By definition,
these controversies unfolded from within a global assemblage of race and religion. But the geopolitical structures of the early twenty-first century were not the same as those of the early
twentieth. To pretend otherwise is rhetorical obfuscation. For example, when
Dinanath Batra accused Doni- ger, a secular Jew, of attacking Hinduism with “Christian missionary zeal,”53 his jarring anachronism (overlaying a
quintessentially nineteenth-century foe onto a decidedly twenty-first-century
writer) deflected from contem- porary political realities—not least the imperial
dependencies of Hindu nationalism.
Hindu nationalism emerged
via empire. Conceived
from within the late
colonial apparatus of the populational public, it has, in the twenty-first cen- tury, become increasingly parasitic on US empire as a globalized economic formation.54 Certainly, the transmission of outraged religious feelings in
contemporary India relies
on US-based media
platforms like Facebook, Twitter, and WhatsApp. Then there are the Americanisms like “Hindu- phobia”;
the financial flows circulating through Silicon Valley; and even the managerial rhetoric of American-style business “gurus” who naturalize
Hinduism by presenting it as pop psychology rather
than religion.55 I
do not mean to overstate the US connection. The Hindu right
has also, for ex- ample, deployed geopolitics by defending the Charlie Hebdo blasphemers (and thus
tacitly affirming the Islamophobic rhetoric surrounding them).56 My point is simply that wounded religious
sentiments are not some kind of
autochthonous outgrowth of organic Indian
tradition. They are hypermedi- ated global affects, fully imbricated with empire in its
mobile forms. They are, after all, articulated from within the terms of 295A, a
colonial-secular law. The Whig-liberal narrative of blasphemous modernity crumples in the
face of such complexities. It fails at parsing the politics of the Hindu right,
just as it fails at mapping a more global
structure of feeling
centered on wounded attachment.57
To see these global affects in action, we might consider a controversy from early 2021. The Indian subsidiary of
the US technology firm Amazon released a web series called Tandav, starring film actor Saif Ali Khan. With its title
referencing the god Shiva, the show seemed almost to solicit con- troversy. The 295A charges filed against it in several
states pointed to one scene in particular as having outraged
religious feelings. In it, a student actor performs the role of Shiva in a lightly
satirical university play, wherein the sage Narada advises the deity to up
his social media presence to compete
with Rama. At one point, Shiva says, in English, “What the . . .” The omitted expletive elicits a laugh from the student audience.
If courting sacrilege was, by the 2020s, a familiar
entertainment industry strategy for boosting ratings and profits
(cf. Madonna), this strategy pro- voked equally
familiar resistances—now digitalized. Mobilization against the show thrived on Twitter (#BanTandavNow), and
the director ultimately issued a formal apology, with Amazon altering
or cutting contested
scenes. The contours of this
controversy were also shaped profoundly, however, by the politics
of contemporary India.
The actor who played the student play- ing Shiva,
Mohammad Zeeshan Ayyub,
was Muslim. The controversy thus fueled the further production and
circulation of Islamophobic sentiment.58 These are scandals with very real and
tragically violent consequences for Indian Muslims.
What becomes visible
through such events
is perhaps best described as a palimpsest of empires—a sedimented
accretion of histories that refract and produce the affectively charged space
of the national present. Twitter, Amazon, Indian Penal Code—these are the half-seen infrastructures of “religious
feeling” as legally actionable affect.
Empire was (and is) an affective force, ordering bodies
by ordering their feelings, and the emotions it
structures are thus both intimate and geopo- litical. They dig deep into particular bodies
while also coursing
around the world. As a
charter text of colonial secularism, the Indian Penal Code has become part of the scaffolding of world religions as both global
cultural form and global structure of feeling. The trick is in
seeing these feelings in all their registers at once.
this book took shape over
many years and was, consequently, shaped by a large number of people and places—more, I fear, than can be
acknowledged here. None of them,
it bears stating,
have any responsibility for claims
made herein.
My interest in Section 295A was kindled by a panel on the Doniger affair at the 2014 meeting
of the American Academy of Religion, organized
by Brian Pennington and featuring presentations by Cassie Adcock,
Rupa Viswanath, Elaine Fisher, Chad Bauman, Thomas Blom Hansen, P. Pratap Kumar, Gerald Larsen, and Laurie Patton, all of whom made the history of this troubled
law irresistible. My research was then supported by grants from Montana State University, the University of Toronto, and the Social Science and Humanities Research Council of Canada. I am indebted
to each of these institutions, as well as to the generous staff at libraries
and archives including
the British Library, University College London, National Archives
of India, Nehru Memorial Museum and Library, Gurukul Kangri Univer- sity Special Collections, Royal Ontario Museum,
and University of Toronto
Libraries.
At an early phase of the writing process, Brian Hatcher and Nada Moum- taz each patiently perused a sprawling chapter plan and
helped me see what needed cutting. The manuscript then took shape while I
was a scholar-in- residence at NYU’s Center for Religion and Media, buoyed by the hospi- tality of
Angela Zito, Janine Paolucci, and Adam Becker. The enthusiasm of Katie Lofton and John Modern at Class 200 brought
the project to the
University of Chicago Press, where I have been very happy to work with editor Kyle Wagner and editorial
associate Kristin Rawlings. The press’s two blind
readers offered incisive feedback that made the book immeasurably better. So
did Cassie Adcock, who generously read the entire manuscript
232 Acknowledgments
and applied just the right mix of frank criticism and enthusiastic insight. Ridhima Sharma gave the manuscript a final incisive
read, sharpening key arguments
and drawing out crucial connections with intellectual generosity and precision.
Then there are the more diffuse debts. David Gilmartin
first kindled my
interest in colonial law, with Mitra Sharafi offering wisdom at various points
along the way. Adnan Naseemullah cheered this book
along from beginning to end, a stalwart
compatriot in all things writerly.
Yves Latreille lightened the writing with love and laughter. Yurou Zhong gamely listened as I blathered on about a dozen different iterations of this project (one day I will
write “Oceanic Associations”!) and joined me in the Kittlerian
trenches. Kajri Jain geeked
out over Arya images. Echoes
of Daniel Elam are audible throughout this book, especially in its discussions of rhetoric and print cul- ture: can a monograph be a letter?
Many colleagues and friends helped me think through key topics or find essential
references: John Cort, Dan Guadagnolo, Jack Hawley, Deana Heath, Brannon Ingram, Jaby Matthews, Farina Mir, Azfar Moin, Karuna Nundy, Luther Obrock, Shruti Patel, John Durham Peters,
Sarah Qidwai, Enrico Raffaelli, Torrey Shanks, Youcef Soufi, Julia Stephens, Randall Styers,
SherAli Tareen, Aparna Vaidik, and Jade Werner.
Many more helped make
Toronto a happy academic home: Kyle Smith, Ted Sammons,
Nada Moum- taz,
Margaret Boittin, Miguel de Figueredo, Emily Nacol,
Ruth Marshall, Pamela Klassen, Walid
Saleh, Ritu Birla,
Arti Dhand, Andreas
Bendlin, Duncan Hill, Sharon Marjadsingh,
Shabina Moheebulla, Michael Twam-
ley, and Fereshteh Hashemi. Particular thanks are due to members of the South Asia working group, who commented on a
portion of the manuscript and also provide
a model for what scholarly
community can and should be: Ajay
Rao, Malavika Kasturi, Kajri Jain, Srilata Raman, Christoph Emmerich, Karen Ruffie, Rijuta Mehta, Frank Cody, Bhavani Raman, Sarah Richardson,
Waqas Butt, Julie Vig, and Kristin
Plys.
Audiences at various venues responded to early versions of the ideas pre- sented here, to the great benefit of the book
before you: Columbia Univer- sity, Dalhousie
University, Macalester College,
National Academy of Legal
Studies and Research–Hyderabad, University of Göttingen, University of
Victoria, University of Wisconsin–Madison, Yale University, and the Uni- versity of Toronto’s Comparative Political Theory Reading
Group. I thank those involved in these events, especially Neilesh Bose, Rohit
De, Susanna Drake, Krista Kesselring, Jim Laine, Lawrence
Liang, Karuna Mantena, Colin Mitchell, Manisha Sethi, Mitra Sharafi, Gauri Viswanathan, Rupa
Acknowledgments 233
Viswanath, and Matt Walton.
To write as a scholar
is to be shaped pro- foundly by people one
has not met—other scholars, as credited in endnotes. Sometimes the influence of a scholar on a given book goes beyond the credit visible there,
as is the case for Asad Ali Ahmed’s influence
on this book, which is in its way just a footnote to his
formative work on blasphemy.
Finally, nothing would have been written without the lifetime’s worth of friends and loved ones who, though far-flung, kept me going through it all.
They are the condition of possibility for everything. Even a dry and dreary scholarly book rests on mountains of unseen feeling.
CHAPTER 1
1.
For a snapshot, see Sumathi Ramaswamy, ed., Barefoot
across the Nation:
Maqbool Fida Husain and the Idea of India (London: Routledge, 2011). For contemporary juris- prudence,
see Gautam Bhatia, Offend,
Shock, or Disturb: Free Speech under the Indian
Constitution (Delhi: Oxford
University Press, 2016).
2.
Surbhi Karwa and Shubham Kumar, “A Blasphemy Law Is Antithetical to
India’s Secular Ethos,” Economic and Political Weekly 54, no. 37 (September 14, 2019), https://www.epw
.in/engage/article/blasphemy-law-antithetical-indias-secular-ethos.
3.
Joss Marsh, Word Crimes: Blasphemy, Culture, and Literature in Nineteenth-Century
England (Chicago: University of Chicago Press, 1998).
4.
Christopher Grenda,
Chris Beneke, and David Nash, introduction to Profane: Sacrile- gious Expression in a
Multicultural Age (Berkeley:
University of California Press, 2014), 1–24.
5.
Clifford Geertz,
Interpretation of Cultures (New
York: Basic Books, 1973), 87–125.
For a critique, see Talal Asad,
Genealogies of Religion: Discipline and Reasons of Power in Christianity and Islam (Baltimore: Johns Hopkins University Press, 1993), 27–54.
6.
Salman Rushdie, The Satanic Verses (New York: Henry Holt, 1997 [1988]), 353.
7.
While I have
learned a great deal from the following books, I think we need to question their geographic circumscription insofar as they
function within the scholarship not as narrow
area studies but as studies of blasphemy per se: Leonard Levy, Blasphemy (New York: Knopf, 1993); David Lawton, Blasphemy
(Philadelphia: University of Pennsylva- nia Press, 1993); Alain Cabantous, Blasphemy: Impious
Speech in the West from the Sev- enteenth to the Nineteenth Century, trans. Eric Rauth (New York: Columbia
University Press, 2002 [1998]); and
David Nash, Blasphemy in the Christian
World (Oxford: Oxford University Press, 2007).
8.
Talal Asad, “Reading a Modern Classic: W. C. Smith’s The Meaning and End of Religion,” History of Religions 40, no. 3 (2001): 205–22, at 221. For an overview of relevant scholar- ship, see Brent Nongbri, Before Religion: A History of a Modern
Concept (New Haven, CT: Yale University Press, 2013).
9.
Lucia Hulsether, “The Grammar of Racism: Religious
Pluralism and the Birth of the
236 Notes to pages 4–7
Interdisciplines,” Journal of the American Academy of Religion 86, no. 1 (2018): 1–41,
at 11.
10.
“Charlie Hebdo: Macron défend «la liberté de blasphémer» en France,” Le Figaro, Sep- tember 1, 2020, https://www.lefigaro.fr/flash-eco/charlie-hebdo-macron-defend-la
-liberte-de-blasphemer-en-france-20200901.
11.
Elizabeth Shakmun Hurd and Nadia Marzouki, “Is
There a Right to Heresy?,” Boston Review, March 5, 2021; Mayanthi Fernando, The Republic Unsettled: Muslim
French and the Contradictions of Secularism (Durham, NC: Duke University Press,
2014).
12. T. S. Eliot,
After Strange Gods: A Primer of Modern Heresy
(New York: Harcourt, 1933), 55–56.
13. Rajeev Bhargava, “The Distinctiveness
of Indian Secularism,” in The Future of
Secular- ism, ed. T. N. Srinivasan (New Delhi: Oxford University Press, 2007), 20–53,
at 25.
14.
J. Barton Scott, “Review of Reason (Vivek) (dir. Anand Patwardhan, 2018),” Journal of Religion & Film 22, no. 2 (October 2018), https://digitalcommons.unomaha.edu/jrf
/vol22/iss2/13.
15.
“Extract from the Legislative Assembly Debates, Vol. IV,” in National Archives
of India (henceforth NAI)/Home/Political/1927/F.132/I.
(Henceforth LAD.) I follow the
printed pagination, which is organized
by date. Citations for the above quotations are thus
M. R. Jayakar
(Bombay City), LAD, September 5,
26–28, and Sir Hari Singh Gour (Cen- tral Provinces), LAD, September
19, 22–24.
16. For subtraction stories,
see Charles Taylor,
A
Secular Age (Cambridge, MA: Belknap, 2007).
17. Compare Talal Asad, Secular Translations (New York: Columbia University Press, 2018).
18. Talal
Asad, Formations of the Secular (Stanford,
CA: Stanford University Press, 2003), 1.
19. Hussein Ali Agrama, Questioning Secularism: Islam, Sovereignty, and the Rule of Law in
Modern Egypt (Chicago: University of Chicago Press, 2012).
20. Winnifred
Fallers Sullivan, The Impossibility of
Religious Freedom (Princeton, NJ: Princeton University Press, 2018).
21. Henry Maine, Ancient
Law, 4th ed. (London: John Murray, 1870), 23. See also James Mill, History of British India (Cambridge, UK: Cambridge University Press, 2010), 3:341.
22. C. S. Adcock, “Sacred Cows and Secular History: Cow Protection Debates in Colonial North India,” Comparative Studies of South Asia, Africa, and the Middle East 30, no. 2 (2010): 297–311.
23. Hla Tun Pru
(Burma), LAD, September 5, 29.
24.
William Blackstone, Commentaries on the Laws of England, ed. Ruth Paley (Oxford:
Oxford University Press,
2016), 4:39.
25. Tomoko Masuzawa, The Invention of World Religions: Or, How European
Universalism Was Preserved
in the Language of Pluralism
(Chicago: University of Chicago Press, 2005).
26. Carl Ernst, “Blasphemy,” in Encyclopedia of Religion, ed. Lindsay Jones (Detroit: Mac- millan, 2005),
2:974–77; Talal Asad, “Reflections on Blasphemy and Secular Criticism,” in Religion:
Beyond a Concept, ed. Hent de Vries (New York: Fordham University
Press,
2008), 580–609; Ebrahim Moosa, “Muslim
Political Theology,” in Grenda, Beneke, and Nash, Profane, 169–88.
27. See, for instance, Vidyut Aklujkar, “Maharashtra: Games with God,” in Krishna:
A Sourcebook, ed. Edwin Bryant
(Oxford: Oxford University Press, 2007), 205–22, at 219.
28.
Valerie Stoker, Polemics and Patronage in the City of Victory (Berkeley: University of California Press, 2016); Elaine Fisher, Hindu Pluralism (Berkeley: University of Cali- fornia
Press, 2017).
29.
Compare Jeremy Waldron, The Harm in Hate Speech (Cambridge, MA: Harvard Uni- versity
Press, 2014).
30. Trial of George Jacob Holyoake (London: Thomas Paterson, 1842).
31.
George Jacob
Holyoake, English Secularism: A
Confession of Belief (Chicago: Open Court, 1896).
32.
Melissa Mohr, Holy Shit: A Brief History of Swearing (New York: Oxford University Press,
2013), 124–25.
33.
Sarah Apetrei, “The ‘Sweet Singers’ of Israel,” Reformation & Renaissance Review 10, no. 1 (2008): 3–23.
34. Taylor’s Case, (1676)
1 Ventris 293.
35.
Elliot Visconsi, “The Invention of Criminal Blasphemy: Rex v. Taylor (1676),” Represen- tations 103, no. 1
(2008): 30–52.
36. Nash, Christian World,
46, 150–57.
37. Marsh, Word Crimes, 3–17.
38. Regina v. Ramsay and Foote, (1883)
48 LT
733.
39. Marsh, Word Crimes.
40.
Marsh, Word Crimes, 47. See J. Lorand Matory, The Fetish Revisited: Marx, Freud, and the Gods Black People
Make (Durham, NC: Duke University Press, 2018).
41. Regina v. Hetherington, (1840) 4 St. Tr. N.S. 563, at 565–66.
42. Regina v. Bradlaugh, (1883) 15 Cox C.C. 217, at 219.
43. Compare Tisa Wenger, Religious Freedom: The Contested History of an American
Ideal
(Chapel Hill: University of North Carolina Press, 2017).
44.
For the “religio-racial,” see Judith Weisenfeld, New World A-Coming: Black Religion and Racial Identity
During the Great
Migration (New York: NYU Press,
2016).
45. See Nash, Christian World, 71.
46.
Walter Arnstein,
The Bradlaugh Case (Columbia: University of Missouri
Press, 1965); Mytheli Sreenivas, “Birth Control in the Shadow of Empire: The Trials of Annie
Besant, 1877–1878,” Feminist
Studies 41, no. 3 (2015): 509–37.
47. Ramsay, 739.
48.
Rex v. Gott, (1922) 16 Cr App R 87, as quoted in David Nash, Blasphemy in Modern Britain (London: Routledge, 2019), 189–90.
49. Whitehouse v. Lemon, (1979) AC
617,
HL.
50.
Law Com. No. 79: Offences against
Religion and Public Worship (London: Her Majesty’s Stationary Office, 1981); Law
Com. No. 145: Criminal Law: Offences
against Religion and Public
Worship (London: Her Majesty’s Stationary Office, 1985).
51. Regina v. Chief Metropolitan Stipendiary Magistrate, ex parte Choudhury, (1990) 3
WLR 986, 1 QB 429; Clive Unsworth, “Blasphemy, Cultural Divergence, and Legal Rela- tivism,” Modern Law Review 58, no. 5 (1995):
658–77; Eliza Filby, God & Mrs. Thatcher
(London: Biteback,
2015), 185–89; Nash, Christian World.
52. Russell Sandberg and Norman Doe, “The Strange
Death of Blasphemy,” Modern Law Review 71, no. 6 (2008): 971–86;
David Nash and Chara Bakalis, “Incitement to Reli- gious Hated and the Symbolic,” Liverpool Law Review 28, no. 3 (2007): 349–75.
53. Munshi Iswar Saran (Lucknow), LAD, September
19, 19; Srinivasa Iyengar (Madras City), LAD, September 16, 24; India Office Records (henceforth
IOR)/L/PJ/6/1941- F.1513/pp.131–2; Indian
National Herald (Bombay), August 9, 1927, clipping in NAI/ Home/Political/F.132&KW/p.11.
54. Controversy centered
on the appeal, Rajpal v. Emperor, AIR 1927 Lah 590, but see
also the original
case, King-Emperor v. Rajpal, AIR 1926 Lah 196. Notably,
the Lahore High Court’s
judgement cites Hari Singh Gour,
The Penal Law of British India, 3rd ed. (Calcutta: Butterworth, 1925),
thus presumably enhancing his prestige at the Legislative Assembly some months later.
55. IOR/L/PJ/6/1941/1513.
56. LAD, September 5, 15–17.
57.
For contrapuntalism, see Edward Said,
Culture and Imperialism (New
York: Vintage, 1993).
58.
Gauri Viswanathan, Outside the Fold: Conversion, Modernity, Belief (Princeton, NJ: Princeton University Press, 1998); Peter van der Veer, Imperial Encounters: Religion and Modernity
in India and Britain (Princeton, NJ: Princeton University Press, 2001).
59.
Bhargava,
“Distinctiveness”; Rajeev Bhargava, ed., Secularism
and Its Critics (Delhi: Oxford, 1997).
60.
William Elison, Christian Lee Novetzke, and Andy Rotman, Amar Akbar Anthony: Bollywood, Brotherhood, and the Nation (Cambridge, MA: Harvard University Press, 2016). For
modernist painting as a site of secularist cultural production, see Karin Zitzewitz, The Art of Secularism: The Cultural Politics
of Modernist Art in Contemporary India (London:
Hurst, 2014).
61.
Viswanathan, Outside the Fold, 4.
62.
Saba Mahmood, Religious Difference in a Secular Age: A Minority Report (Princeton, NJ: Princeton University Press,
2015), 10.
63.
Nathaniel Halhed, A Code of Gentoo
Laws, or, Ordinations of the Pundits
(London: 1776), ix; Penelope
Carson, The East India Company and Religion, 1698–1858 (Cam- bridge, UK: Cambridge
University Press, 2012).
64.
Proclamation by the Queen in Council to the Princes, Chiefs, and People of India, IOR/L/ PS/18/D154.
65.
Bernard Cohn, “Representing Authority in Victorian India,”
in The Invention of Tradi- tion, ed. Eric Hobsbawm and Terence Ranger (Cambridge, UK: Cambridge
University Press, 1983), 101–210.
66.
J. Talboys Wheeler, History of the Imperial Assemblage at Delhi (London: Longmans, 1877), 111.
67.
Nicholas Dirks,
Castes of Mind: Colonialism and the Making of Modern India (Princeton, NJ: Princeton University Press, 2001);
Peter Gottschalk, Religion, Science,
and Empire:
Classifying Hinduism and Islam in British India (New York: Oxford University Press, 2013).
68.
Partha Chatterjee, The Politics of the Governed: Reflections on Popular Politics in Most of the World (New York:
Columbia University Press,
2006).
69.
Mahmood, Religious Difference, 21.
70.
Homi Bhabha, The Location of Culture (London: Routledge, 1994).
71.
See especially Asad Ali Ahmed, “Specters of Macaulay: Blasphemy, the
Indian Penal Code, and Pakistan’s Postcolonial Predicament,” in Censorship in South Asia,
ed. Raminder Kaur and William
Mazzarella (Bloomington: Indiana University Press, 2009), 172–205.
72.
A Penal
Code Prepared by the Indian
Law Commissioners (Calcutta: G. H. Huttmann, 1837), 72.
73.
W. Blake
Odgers, Digest of the Law of Libel and Slander, 2nd ed. (London:
Stevens and Sons, 1887), 338. Absent in the first edition of 1881, this
1887 definition clearly emerged from Ramsay.
74. IOR/L/PJ/6/1941-F.1513/p.34.
75.
For a
development of this Foucauldian argument, see Kaur and Mazzarella, Censorship; Judith Butler, Excitable
Speech: A Politics of the Performative (New York: Routledge, 1997).
76. Walter Bagehot, Physics and Politics (Boston: Beacon, 1956 [1867]).
77. Elizabeth Kolsky, Colonial Justice
in British India: White
Violence and the Rule of Law
(Cambridge, UK: Cambridge University Press, 2009).
78. J. S. Mill, On Liberty (Cambridge, UK: Cambridge University Press, 1989 [1859]), 13–14;
J. F. Stephen, Liberty, Equality, Fraternity (New York: Holt, 1873), 28.
79.
Elizabeth
Pritchard, Religion in Public: Locke’s
Political Theology (Stanford, CA: Stan- ford University Press, 2013).
80. Stephen, Liberty, Equality, 17.
81. Stephen, Liberty, Equality, 112–15.
82. Stephen, Liberty, Equality, 45–46.
83. Stephen, Liberty, Equality, 31–32,
179–81.
84. J. F. Stephen, “Legislation under Lord Mayo,”
in A Life of the Earl of Mayo,
2nd ed., by
W. W. Hunter (London: Smith, Elder, 1876), 2:168–69.
85.
For an overview,
see Melissa Gregg and Gregory Seigworth, eds., The Affect Theory Reader (Durham, NC: Duke University Press, 2010); Donovan
Schaefer, Religious Affects: Animality, Evolution, and Power
(Durham, NC: Duke University Press, 2015); John
Corrigan, ed., Feeling Religion (Durham,
NC: Duke University Press, 2017).
86.
C. P. Tiele, Elements of the Science of Religion (Edinburg: William Blackwood,
1899), 2:15.
87.
Thomas Dixon, From Passions to Emotions: The Creation of a Secular Psychological Category
(New York: Cambridge University Press, 2006), 98–134.
88.
Margrit Pernau, Emotions and Modernity in Colonial India (New Delhi:
Oxford Univer- sity Press, 2019), 29, 171–94. See also Elizabeth Chatterjee, Sneha Krishnan,
and Megan Robb, eds., “Feeling Modern:
The History of Emotions in Urban South Asia,” special issue, Journal of the Royal Asiatic Society
24, no. 4 (2017): 539–680.
89.
C. S. Adcock, “Violence, Passion, and the Law: A Brief History of Section 295A and Its Antecedents,” Journal of the American
Academy of Religion
84, no. 2 (2016): 337–51.
90. Ann Cvetkovich, “Public Feelings,” South Atlantic Quarterly 106, no. 3 (2007): 459–68.
91. Sara Ahmed, Cultural Politics
of Emotion (London: Routledge, 2004); Teresa
Brennan,
The Transmission of Affect (Ithaca, NY: Cornell University Press, 2004).
92.
Joan Wallach
Scott, Sex and Secularism (Princeton,
NJ: Princeton University Press, 2017).
93. William James, Writings, 1902–1910 (New York: Library of America, 1987), 36.
94. James, Writings, 435.
95.
Partha
Chatterjee, The Nation and Its Fragments (Princeton,
NJ: Princeton University Press, 1993).
96. Faisal Devji, “Gender and the Politics of Space,” South Asia 14, no. 1 (1991): 141–53; Usha Thakkar, “Puppets on the Periphery: Women and
Social Reform in Nineteenth- Century
Gujarati Society,” Economic and Political
Weekly 32, nos. 1/2 (1997): 46–52; Shefali Chandra, The Sexual Life of English: Languages of Caste and Desire in Colonial India (Durham, NC: Duke University Press,
2012)
97. Sumanta Banerjee, The Parlour and the Street: Elite and Popular Culture in Nineteenth- Century Calcutta (Chicago: University of Chicago Press, 2018 [1989]).
98.
On the phenomenology of caste, see Gopal Guru, “Aesthetic of Touch and Skin: An Essay in Contemporary Indian Political Phenomenology,” in Bloomsbury Research Handbook of Indian Aesthetics and
the Philosophy of Art, ed. Arindam Chakrabarti (London: Bloosmbury,
2016), 297–315; Sundar Sarukkai, “Phenomenology of Untouch- ability,” Economic
and Political Weekly 44, no. 37 (2009): 39–48; Joel Lee, “Odor and Order: How Caste is Inscribed in Space and
Sensoria,” Comparative Studies of South
Africa, Asia, and the Middle East 37, no. 3 (2017): 470–90. On brahmanical patriarchy, see Sunaina Arya and Aakash Singh Rathore, eds. Dalit Feminist Theory:
A Reader (London:
Routledge, 2020).
99. Kajri Jain, Gods in the Time of Democracy
(Durham, NC: Duke University Press,
2021), 81–119.
100. See
Charu Gupta, Sexuality, Obscenity, and
Community: Women Muslims and the Hindu Public in Colonial India (New York: Palgrave, 2002) and The Gender of Caste: Representing Dalits in Print (Seattle: University of Washington Press, 2016).
101. LAD, September 16, 42. Compare
Mrinalini Sinha, Specters of Mother India:
The Global Restructuring of an Empire
(Durham, NC: Duke University Press,
2006), 8.
102. For the larger
British-imperial legal scene,
see Thomas Metcalf,
Imperial Connections (Berkeley:
University of California Press, 2007), 16–45, and Wing-Cheong Chan, Barry Wright, and Stanley
Yeo, eds., Codification, Macaulay, and the Indian
Penal Code (Lon- don:
Ashgate, 2011).
103. “The Codification of Law,” Morning Post, November 13, 1872, in Public Opinion: A Com- prehensive
Summary of the Press Throughout the World 22, no. 582 (1872): 613–14; J. F. Stephen, Digest of the Criminal Law (London: Macmillan, 1877).
104. Barry Wright, “Criminal Law
Codification and Imperial Projects: The Self-Governing Jurisdiction Codes of the
1890s,” Legal History 12, no. 1
(2008): 19–47; Acts of the Parlia- ment of the Dominion of
Canada, vol. 1, Public General Acts (Ottawa: Samuel Dawson,
Notes to pages 24–34 241
1892); Jeremy Patrick, “Not Dead, Just
Sleeping: Canada’s Prohibition on Blasphemous Libel as a Case Study in Obsolete Legislation,” University of British Columbia
Law Review 41, no. 2 (2008): 193–248
105. Apirat Petchsiri,
“A Short History
of Thai Criminal Law Since the Nineteenth Century,” Malaya Law Review 28, no. 1 (1986): 134–50; G. Glover Alexander, “The Egyptian Draft
Penal Code, 1919,” Journal of Comparative Legislation and International Law, 3rd series 1, no. 3
(1919): 244–47.
106. Palestine Gazette (Jerusalem), September 28, 1936.
107. Thomas Macaulay
to James Mill, August 24, 1835, in Letters of Thomas Babington
Macaulay, ed. Thomas Pinney (Cambridge, UK: Cambridge University Press, 1976), 3:146–51.
108. K. J. M. Smith,
Lawyers, Legislators, and Theorists: Developments in English
Criminal Jurisprudence, 1800–1957 (Oxford: Clarendon, 1998), 121–72.
109. “Blasphemy,” Westminster Review, July 1883, 1–11.
110. W. Blake Odgers, “The Law Relating to Heresy and Blasphemy,” Modern Review 4, no. 15 (1883): 586–608.
111. J. F. Stephen,
History of the Criminal
Law of England (London: Macmillan, 1883), 3:312– 13; J. F. Stephen, “Blasphemy and Blasphemous Libel,”
Fortnightly Review, March 1, 1884;
Lindsey Aspland, The Law of Blasphemy: Being a Candid
Examination of the Views of Mr. Justice Stephen (London: Stevens & Haynes, 1884).
112. Stephen, Digest of Criminal Law,
xxxv, 97–98, and History of Criminal
Law, 2:396–
497. See also K. J. M. Smith, James Fitzjames Stephen: Portrait of a Victorian Rationalist
(Cambridge, UK: Cambridge University Press, 1988).
113. “Appendix C,” in Odgers, Digest of the Law of Libel.
114. Courtney Kenny, “Evolution of the Law of Blasphemy,” Cambridge Law Journal 1, no. 2 (1922): 127–42,
at 135.
115. Levy, Blasphemy, 505.
116. AC 617, HL.
117. Law
Com. No.
79.
118.
Select Committee on Religious Offences in England and Wales, House of Lords Paper 95, vol. 1
(2002–3).
119.
Levy, Blasphemy, 238–71,
506–33; Sarah Barringer Gordon, “Blasphemy and the Law of Religious Liberty in Nineteenth
Century America,” American Quarterly 52,
no. 4 (2000): 682–719. For a recent
case, see Samuel
G. Freedman, “A Man’s Existentialism Construed as Blasphemy,” New York Times, March 20, 2009, https://www.nytimes.com
/2009/03/21/us/21religion.html.
CHAPTER 2
1.
Muslim Outlook (Lahore) (henceforth MO), June 17, 1927.
Henceforth all press
dates 1927 unless otherwise specified.
2. MO, June 17.
3.
National Archives of India (NAI)/Home/Political/F.132/ Serials Nos.1–39/p.4.
4.
John Platts,
A
Dictionary of Urdu, Classical Hindi,
and English (Oxford: Oxford Univer- sity Press, 1974 [1884]), 601.
5.
MO, June 30, 1.
6.
For a full
recounting of events, see Gene Thursby, Hindu-Muslim
Relations in British India (Leiden: Brill, 1975), 41–71, and Richa Raj, “A
Pamphlet and Its (Dis)contents: A Case Study of Rangila Rasul,” History and
Sociology of South Asia 9, no. 2 (2015): 146–
62. In taking the affair as an episode in the history of
secularism, I build on Neeti Nair, “Beyond the ‘Communal’ 1920s: The Problem
of Intention, Legislative Pragmatism, and the Making of Section 295A
of the Indian Penal Code,” Indian Economic and Social His- tory Review 50, no. 3 (2013): 317–40;
and Julia Stephens,
Governing Islam: Law, Empire, and Secularism in South Asia (Cambridge: Cambridge University Press,
2018), 132–54.
7. NAI/Home/Political/1927/132/III/p.45; MO, July 27, 5, and
August
21, 3–4.
8.
209 Parl. Deb., H.C. (5th ser.) (1927) 1649; Tribune (Lahore), July 30, 16; Manchester Guardian, July 26, 8, and August 8, 3.
9.
India Office Records (IOR)/L/PJ/6/1941/F.1513; MO, July 30, 5.
10.
K.r.sn.dev Kapil, “Afrīkā Deś mem. Isāiyat aur Ārya Samāj,” Ārya: Ārya Pratinidhi Sabhā Pañjāb kā
Māsik Patra (Lahore) (February 1926): 9–12; K.r.sn.dev
Kapil, “Īs.t Afrīkā mem. Āryasamāj,” Ārya (June 1926): 2–6.
11. John D. Kelly, A Politics of Virtue: Hinduism, Sexuality, and Countercolonial Discourse in Fiji (Chicago:
University of Chicago Press, 1991), 208, 217–18.
12. Thomas Macaulay, “The Government of India,” in Works of Lord Macaulay, ed. Hannah Macaulay More Trevelyan (London: Longmans, Green, 1866),
VIII:139–42.
13. Partha Chatterjee, The Politics
of the Governed (New York: Columbia University Press, 2006), 34–38.
14. Nicholas Dirks, Castes of Mind (Princeton, NJ: Princeton University Press, 2001); Gyan Prakash, “Colonial
Genealogy of Society,”
in The Social in Question, ed. Patrick Joyce (London:
Routledge, 2002), 81–96.
15. Proceedings of
the Council of the Governor-General of India (Calcutta: Superintendent Government Printing, 1910), 48:171.
16. H. H. Risley, “The Study of Ethnology in
India,” Journal of the Anthropological
Institute of Great
Britain and Ireland 20 (1891): 235–63.
17. Thomas Trautmann, Aryans and British India (Berkeley: University of California Press, 1997), 198–204.
18. Walter Lippman, Public
Opinion (New Brunswick, NJ: Transaction Publishers, 1991 [1922]), 52–53, 14; Timothy
Mitchell, Rule of Experts:
Egypt, Techno-Politics, Modernity (Berkeley: University of California Press,
2002).
19. Arun Mukherjee,
“B. R. Ambedkar, John Dewey, and the
Meaning of Democracy,” New Literary History
40, no. 2 (2009):
345–70; Scott Stroud,
“What Did Bhimrao
Ambedkar Learn from John Dewey’s Democracy and Education?,” Pluralist 12, no. 2 (2017): 78– 103; B. R. Nanda, ed., Collected Works of Lala Lajpat Rai (New Delhi: Manohar, 2004), 5:74–75.
20. See Brannon Ingram,
J. Barton Scott, and SherAli
Tareen, eds., Imagining the Public in Modern South Asia (New
York: Routledge, 2016);
and Brian A. Hatcher, “From
Court
to Court: Religious Polities and the Modern South Asian Public,” Religion Compass 14, no. 8 (August
2020), https://doi.org/10.1111/rec3.12367.
21.
Compare David
Gilmartin, “Democracy, Nationalism, and the Public,” South Asia: The
Journal of South Asian Studies
14, no. 1 (1991): 123–40.
22.
I build on Benedict
Anderson, The Spectre of Comparisons (London: Verso, 1998), and
William Mazzarella, Censorium: Cinema
and the Open Edge of Mass Publicity (Dur- ham, NC: Duke
University Press, 2013). For further discussion, see J. Barton Scott, “Aryas Unbound:
Print Hinduism and the Cultural Regulation of Religious Offense,”
Comparative Studies of South Asia,
Africa, and the Middle East 35, no. 2 (2015): 294–309.
23.
Although now most often associated with Michael Warner, Publics and Counterpublics (Cambridge, MA: Zone, 2002), this term has a longer
history in German
(Gegenöffent- lichkeit) and then English,
as seen in Oskar Negt and Alexander Kluge, Public Sphere
and
Experience (London: Verso, 2016 [1972]), and Nancy Fraser, “Rethinking the Public
Sphere,” Social Text no.
25–26 (1990): 56–80.
24. Warner, Publics and Counterpublics, 120.
25. Thursby, Hindu-Muslim Relations, 41–43.
26. M. K. Gandhi, “Inflammatory Literature,” Young India, June 19, 1924, in Collected Works
(Ahmedabad: Navjivan Trust, 1967), 24:261.
27.
Compare Isabel Hofmeyr, Gandhi’s Printing
Press: Experiments in Slow Reading
(Cam- bridge, MA: Harvard University Press, 2013).
28.
Abul Wafā Sanāullāh Amritsarī, Muqaddas Rasūl, Bajawāb Rangīlā Rasūl (New
Delhi: Al-Kitab International, 2011 [ca. 1924]), 7–9, 19–21.
29. Leader (Allahabad), May 27, 1928, clipping in NAI/ Home/Political/1927/10/50/p.29.
30.
MO, July 17, 6. For further description of the activities of Mohammad Daud Ghaznavi of Amritsar, see Henry Craik,
“Muhammadan Agitation against
the High Court,”
in NAI/Home/Political/1927/132/III/pp.41–7.
31. Tribune (Lahore), July 31, 2; MO, July 31, 2, and August 7, 3.
32. Tribune, July 19, 2.
33. MO, July 30, 6.
34. Tribune, August 10, in NAI/Home/Political/1927/132&KW/p.6.
35.
Gayatri
Chakravorty Spivak, “Can the Subaltern Speak?,” in Marxism and the Inter- pretation of Culture, ed. Cary Nelson
and Lawrence Grossberg
(Urbana: University of Illinois Press,
1988), 271–313.
36.
Compare Charu
Gupta, Sexuality, Obscenity, Community:
Women, Muslims, and the Hindu Public in Colonial
India (New York: Palgrave, 2002).
37. IOR/L/R/5/205. For further
discussion, see Stephens, Governing Islam, 135.
38.
Joel Lee, Deceptive
Majority: Dalits, Hinduism, and Underground Religion
(Cambridge, UK: Cambridge University Press, 2021).
39.
Compare Arjun
Appadurai, “Number in the Colonial Imagination,” in Orientalism and the Postcolonial Predicament, ed. Carol Breckenridge and Peter van der Veer (Philadel-
phia: University of Pennsylvania Press, 1993),
314–40.
40. Alārm Bel, arthāt Khatre kā Ghan..tā,
6th ed. (Ajmer:
Ārya Sāhitya Man.d.al, 1924), iii.
41. Dharmdev Siddhāntālan˙kār, “Ārya Samāj kā Bhavi.sya,” Ārya, May 1924, 19–22; T. L.
Vāsvāni, “Bhāratīya
Itihās kī Sāk.sī,”
Ārya,
May 1924, 38–43; Mahātmā Gāndhī, “Svāmi Dayānand aur Ārya Samāj,” Ārya, June
1924, 38–39; “Kyā Pratyek
Musalmān Arya Banāyā Jā Saktā Hai?” Ārya, June 1924, 41–42.
42. Ishita Pande, “Loving Like a Man: The Colourful Prophet, Conjugal Masculinity, and the Politics of Hindu
Sexology in Late Colonial India,”
Gender & History 29,
no. 3 (2017): 675–92; Pandey Bechan Sharma,
Chocolate and Other Writings
on Male Homoeroticism, trans. Ruth Vanita (Durham, NC: Duke University Press, 2009).
43. See, for instance,
Shiv Sharma, Strī Śiks.ā (Bareli: Vidyābhū.san. Śarma, 1927). The above discussion
leans heavily on Gupta, Sexuality,
Obscenity.
44.
[Camupati], Rangīlā Rasūl: Mūl
Pustak Urdu kā Hindī Rūpāntar, ed. Baldev Śarma (Banaras: Baldev Sharma, ca. 1927), 22, 25. To my
knowledge, the Urdu original has not been preserved in government archives.
45. Amritsarī, Muqaddas Rasul, 79–84.
For more on Zainab, see SherAli Tareen,
Defending Muhammad in Modernity (Notre Dame, IN: University of Notre Dame Press, 2020), 179–223.
46. Gupta, Sexuality, Obscenity, 151–62.
47. MO, July 13, 3, and July 15, 5.
48.
MO, June 21, 4;
telegraph from Aziz-ur-Rahman, May 14, in
NAI/Home/Political/ 1927/132/III/p.2.
49. IOR/L/PJ/6/194/F.1513/pp.215–6.
50.
Émile
Durkheim, The Elementary Forms of
Religious Life, trans. Karen Fields (New York: Free
Press, 1995).
51.
For a dialectic Durkheim, see William Mazzarella, The Mana of Mass Society (Chicago: University of Chicago
Press, 2017), 63–100.
52. NAI/Home/Political/1924/F.44/VII.
53.
Motilal Nehru to Jawaharlal Nehru, July 7, 1927, quoted in Stephens, Governing Islam, 139.
54.
On joś as cultivated feeling, see Margrit Pernau, Emotions and Modernity in Colonial India (New Delhi: Oxford University Press, 2019), 219–33.
55. Abhyudaya (Allahabad), July 2, 1, and July 9, 5.
56.
Hindu Sansar (Delhi), July 1, 1.
57.
Hindu Punch (Calcutta), July 21,
19–20.
58.
Abhyudaya, July 2.
59.
Hindu Sansar, June 21, 5; July 2, 1.
60.
MO, June 24, 5; Tribune, June 24, 6; The People, June 26, 502. For context,
see Mar- tin Hewitt, “Aspects of
Platform Culture in Nineteenth-Century Britain,” Nineteenth- Century
Prose 29, no. 1 (2002): 1–31, at
10; N. Gerald Barrier, “The Punjab Disturbances of 1907,” Modern Asian Studies
1, no. 4 (1967): 353–83,
at 366; and, for petitions, Rohit De, “Cows and Constitutionalism,” Modern Asian Studies 53, no. 1 (2019): 240–77.
61.
Arjun Appadurai, Fear of Small
Numbers (Durham, NC: Duke University Press, 2006). Walter Lippmann, The Phantom
Public (New Brunswick, NJ: Transaction Publishers, 1993 [1927]), 145. On crowds, see especially William Mazzarella, “The Myth
of the Mul- titude” Critical Inquiry
36, no. 4 (2010): 697–727.
On crowd theory in South Asia, see Pernau,
Emotions and Modernity, 171–94.
62.
Tribune, May 10, 1.
63.
G. D. Ogilvie to Henry Craik, June 29, in NAI/Home/Political/1927/F.132/III/p.7.
64.
NAI/Home/Political/1927/132/III/pp.43–5; Tribune, July 1, 1; The People, June 26; Abhyu- daya,
August 13, 2.
65.
MO, July 6, 6.
66.
I summarize from the decidedly unsympathetic Hindu Sansar, July 2, 1.
67.
MO, June 24, 5. See
also
June 30, 1, and July
2, 2.
68.
MO, June 18, 6.
69.
Gabriel Tarde, “The Public and the Crowd,” in On Communication and Social Influ- ence: Selected Papers, ed. Terry N. Clark
(Chicago: University of Chicago Press,
1969), 277–96.
70.
I use this event
as metaphor for crowd violence, in the manner
diagnosed by Shahid Amin, Event, Memory, Metaphor: Chauri Chaura,
1922–1992 (Berkeley: University of California
Press, 1995).
71.
Gail Minault, The Khilafat
Movement: Religious Symbolism
and Political Mobilization in India (New York: Columbia
University Press, 1982).
72.
Tribune, July 21, 2.
73. Hindu Sansar, July 1, 1.
74. “The Moral Teachings of Hussain”
and “Husain
and Humanity,”
MO, July
19, 2;
July 26,
1.
For context, see Syed Akbar Hyder,
Reliving Karbala: Martyrdom in South Asian Memory
(Oxford: Oxford University Press,
2006), 137–202.
75.
Compare Faisal Devji, The Impossible Indian:
Gandhi and the Temptation of Violence
(Cambridge, MA: Harvard University Press, 2012).
76.
Tribune, May 21, 1; IOR/L/PJ/6/1932.
77. IOR/L/PJ/6/1977/F.1113/p.12.
78. IOR/L/PJ/6/1941/F.1513/p.90.
79.
On
Ilm ud-din’s martyr
cult, see Farhat
Haq, Sharia and the State in Pakistan: Blas- phemy Politics
(New York: Routledge, 2019).
80. “Śrī Svāmī Śraddhānandjī Mahārāj Dharmvedī par Balidān Hue!,” Vaidik Dharm
(Aundh), January, 20–22.
81.
Pandit Muniśvarprasād Avasthī, “Hamārā Śraddhānand!,” Hindu Punch, January 20, 974–75.
82. The People, September 29, 239.
83.
Kama Maclean, A Revolutionary History of Interwar India: Violence, Image, Voice, and Text
(London:
Hurst, 2015); Chris Moffat, India’s
Revolutionary Inheritance: Politics and the Promise of Bhagat Singh (Cambridge, UK: Cambridge University Press, 2018).
84.
Tapati Guha-Thakurta, The
Making of a New “Indian” Art: Artists, Aesthetics, and Nationalism in Bengal, c.1850–1920 (Cambridge, UK: Cambridge University Press, 1992); Kajri
Jain, Gods in the Bazaar: The Economies of Indian Calendar
Art (Durham, NC: Duke University Press, 2007), 133. My thanks
to Kajri Jain for discussing this image
with me.
85.
Satyakām Vidyālan˙kār, “Vedvarn.it Balidān
yā
Ātmasamarpan.,” Balidān (Lahore)
2, no. 1 (April 1935):
13–16.
86. Ajay Kumār, “Śahīd,” Balidān (Lahore) 2, no. 1 (April 1935): 31.
87.
Satyavrat Siddhāntālan˙kār, “M.rityu mem. Jīvan,” Balidān (Lahore)
2, no. 1 (April 1935): 23–25.
88. IOR/L/PJ/6/1977-F.1113/pp.10–4; Stephens, Governing Islam, 151.
89.
Svatantrānand, Āryya Samāj ke Mahādhan (Delhi: Sārvadeśik Ārya Pratinidhi Sabhā, 1948), 164.
90. Achille Mbembe, Necropolitics (Durham, NC: Duke University Press, 2019).
91.
Joseph Alter, “Yoga at the Fin-de-Siècle,” International Journal of the History of Sport 23, no. 5 (2006): 759–76.
92.
“Caturvidh Puru.sārth kā Sādhan: Śārīrik Bal Ba.rhāne ke Upāya,” Vaidik Dharm, June, 98–99.
93. MO, June 14, 3; June 29, 5;
August 16, 1; Tribune,
July
20, 2.
CHAPTER 3
1.
“Extract from
the Legislative Assembly Debates, Vol. IV,” in National Archives of India (NAI)/Home/Political/1927/F.132/I. (Henceforth LAD.) I follow the printed pagination, which is organized
by date. Citation
for the above
quote is thus D. V. Belvi (Bombay Southern Division), LAD, September
16, 8.
2.
Compare Asad Ali Ahmed, “Adjudicating Muslims:
Law, Religion, and the State in
Colonial India and Postcolonial Pakistan” (PhD diss., University of Chicago,
2006).
3.
Dane Kennedy, Magic Mountains: Hill
Stations and the British Raj (Berkeley: University of California Press, 1996).
4.
Vipin Pubby, Shimla, Then & Now, 2nd ed. (New
Delhi: Indus Publishing, 1996), 88.
5. Pubby, Shimla, 93.
6.
M. K. Gandhi, “Five Hundredth Storey,” Collected
Works (Ahmedabad: Navajivan Trust, 1966), 20:115–18.
7.
Thomas Metcalf, Ideologies of the Raj (Cambridge, UK:
Cambridge University Press, 1995).
8.
For late colonial security
discourse, see Durba Ghosh, Gentlemanly Terrorists: Political Violence and the Colonial State in India, 1919–1947 (Cambridge,
UK: Cambridge Uni- versity Press, 2017), 15–19,
31–32.
9.
N. Gerald Barrier, Banned: Controversial Literature and
Political Control in British India, 1907–1947 (Columbia: University of Missouri Press, 1974),
16–17. For further context, see C. A. Bayly,
Empire and Information: Intelligence Gathering and Social
Com- munication in India, 1780–1870
(Cambridge, UK: Cambridge
University Press, 1996), and Devika Sethi, War over Words: Censorship in India, 1930–1960 (Cambridge, UK: Cambridge University Press, 2019).
10. Pandit Thakur Das Bhargava (Ambala), LAD, September 5, 19.
11. Bhubananda Dass (Orissa), LAD, September 16, 35.
12. M. K. Acharya (South Arcot cum Chingleput), LAD, September 16, 41.
13.
The Hindu (Madras),
as quoted in Muslim Outlook (henceforth
MO), September 23, 1927, 1–2. Henceforth all press dates 1927 unless otherwise specified.
Notes to pages 57–63 247
14. Bombay Chronicle, as extracted in MO, September 24, 2
15. MO, September 8, 3; September 18, 3.
16. MO, September 23, 2.
17. Sir Zulkifar Ali Khan (East Central Punjab), LAD, September 16, 5.
18.
Ravi Bali, “Witness to Many a Glorious Moment,” Tribune, February 12, 2000, https:// www.tribuneindia.com/2000/20000212/windows/main2.htm.
19.
Gayatri
Chakravorty Spivak, “Can the Subaltern Speak?,” in Marxism and the Inter- pretation of Culture, ed. Cary Nelson
and Lawrence Grossberg
(Urbana: University of Illinois Press,
1988), 271–313.
20.
Partha
Chatterjee, The Nation and Its Fragments (Princeton,
NJ: Princeton University Press, 1993).
21. LAD, September 16, 42.
22.
Mrinalini Sinha,
Specters of Mother India: The Global
Restructuring of an Empire (Dur- ham, NC: Duke University Press, 2006).
23.
Act No. XXV of 1927, in A Collection of the Acts of the Indian Legislature for the Year 1927
(Calcutta: Government of India,
1928), in India Office Records (IOR)/V/8/72.
24.
“Report of the Select Committee,” Serials Nos. 1–39, pp. 38–41, in NAI/Home/ Political/1927/F.132/I.
25. LAD, September 16, 26.
26. Abhyudaya (Allahabad), August 27, 1927, 5
27.
Allan Octavian Hume and Kour Luchman Singh, Hindee Version of the Indian Penal Code, or Act XLV of 1860 (Etawah: Hukeem Jowahir Lall, 1861), 202–3.
28.
Shabnum Tejani, Indian Secularism: A Social and Intellectual
History, 1890–1950 (Ran- ikhet:
Permanent Black, 2007).
29. Ronojoy Sen, Articles of Faith: Religion,
Secularism, and the Indian Supreme
Court
(Delhi: Oxford University Press, 2018).
30.
For context, see Anupama Rao, The Caste Question: Dalits and the Politics of Modern India (Berkeley: University of California
Press, 2009), and Joel Lee, Deceptive
Majority: Dalits, Hinduism, and
Underground Religion (Cambridge: Cambridge University Press, 2021).
31.
On the emergence of the communal question, see Sandria Freitag, Collective Action and Community: Public Arenas and the Emergence of Communalism in North India (Berke- ley: University of California Press, 1989); Gyanendra Pandey, The Construction of Com- munalism in Colonial
North India, 3rd ed. (New Delhi:
Oxford University Press,
2012).
32.
Khalid Anis Ansari, “It’s Not Just Religion, It’s Also Caste,” Indian Express, March 29, 2018, https://indianexpress.com/article/opinion/columns/hindu-muslims-the-minority
-space-caste-system-in-india-5115108/.
33.
C.
S. Adcock, The Limits
of Tolerance: Indian Secularism and the Politics
of Religious Freedom
(New York: Oxford University Press, 2014).
34. B. P. Naidu (Guntur
cum Nellore), LAD, September
16, 13–14; S. D. Nadakarani, “Religion-mongering,” The People (Lahore), May 8, 364–65; Abdul Haye (East Punjab), LAD,
September 5, 3.
35.
Ahmad Ali Amir to Governor of Punjab, telegram of July 27,
IOR/L/PJ/6/1941/F.1513/ pp.287–90.
36.
“Wanted: A Secular Party,”
Tribune (Lahore), July 27, 1; “What
Is a Secular Party?,” Tribune, July 28, 1; Lajpat Rai, “Religionism vs. Secularism,” The People, September 8. Cf. Julia
Stephens, Governing Islam: Law, Empire,
and Secularism in South Asia (Cam- bridge, UK: Cambridge University Press,
2018), 16, 149–50.
37. S. D. Nadakarani, “Gleanings from a Rationalist’s Notebook,” The People, January
30, 83–85.
38. S. Srinivasa Iyengar (Madras City), LAD, September 5, 10–12.
39. James Crerar (Home Member), LAD, September 5, 30–31.
40. NAI/Home/Political/1928/217/Appendix 2.
41.
J. Barton Scott, “Aryas Unbound: Print Hinduism and the Cultural Regulation of Reli- gious Offense,”
Comparative Studies of South
Asia, Africa, and the Middle
East 35, no. 2
(2015): 294–309.
42. See Raminder Kaur and William Mazzarella, eds., Censorship in South Asia (Bloom- ington:
Indiana University Press,
2009).
43. Compare
Wendy Brown, Regulating Aversion:
Tolerance in the Age of Identity and Empire
(Princeton, NJ: Princeton
University Press, 2006),
87.
44. Forward (Calcutta), quoted in MO, September 23, 1–2.
45. MO, May 25, 1.
46.
LAD, September 16, 24.
47.
LAD, September 5, 15.
48.
“Report of the Select Committee.”
49.
Tribune, September 1, 9.
50.
The People, May 29, 427–28.
51.
NAI/Home/Political/1927/10/93/pp.4–17; Tribune, June 22, 1.
52.
MO, July 13, 2. For more on Nariman, see M. R. Jayakar, The Story of My Life (Bombay: Asia Publishing House,
1959), 2:28.
53.
MO, August
2, 7; Indian Quarterly Register 11, nos. 1–2 (Calcutta: Annual Register
Office, 1927): 10.
54.
On Ali and Naidu cooperating on “Respect for All Prophets,” see The People, Septem- ber 1, 166–67. On their
cooperation in the Khilafat movement, see Padmini Sengupta, Sarojini Naidu: A Biography
(New York: Asia Publishing House, 1966), 160.
55.
Leader (Allahabad), July 23, extracted in
NAI/Home/Political/1927/132&KW/p.46. For context, see Afzal Iqbal, Life and Times of Mohamed Ali (Lahore: Institute of Islamic Culture, 1974), 348–49; “Rangīla Rasūl ke Faisle par M. Muhammad Ali kī Rāy,” Abhyu- daya, July 2, 9.
56.
MO, August 13, 6; Hindustan
Times (Delhi), August 11, in NAI/Home/Political
/1927/132&KW/p.20.
57.
Indian National Herald (Bombay), August 9, and Tribune,
August 10, in NAI/Home/ Political/1927/132&KW/pp.11, 14; Tribune, August 18, 1.
58. Tribune, September 1, 9.
59.
Lord Irwin, Viceroy, to Earl of Birkenhead, India Secretary, July 27, NAI/Home/ Political/1927/10/93/p.20.
60. Indian Quarterly Register, 330–31.
61.
Tribune, August
25, 6; MO, August
27, 7; NAI/Home/Political/1927/132/III/pp.125–9. For context, see Spencer Lavan, The Ahmadiyah Movement (Delhi: Manohar, 1974), 136–37.
62.
Pandit Nilakantha Das (Orissa), LAD, September 16, 34.
63.
Bhubanananda Das (Orissa), LAD, September 16, 34.
64.
Abdul Haye (East Punjab), LAD, September 5, 3.
65.
The People, September 1, 166–67.
66.
M. R. Jayakar (Bombay City), LAD, September 5, 27.
67.
Pandit Hirday Nath Kunzru (Agra), LAD, September 5, 13.
68.
T. A. K. Shervani (Cities of United Provinces), LAD, September 5, 30.
69.
Bhubanananda Das (Orissa), LAD, September 16, 35.
70.
Talal Asad, Secular Translations (New York: Columbia
University Press, 2018). For com- mensurability, see especially Kajri Jain, Gods in the Time of Democracy (Durham, NC: Duke University Press, 2021), 102.
71.
Hindu Punch (Calcutta), July 21, 19–20;
Hindu Sansar (Delhi), June 30, 1.
72. Hindu Sansar, June 29, 1.
73. Abhyudaya, August 6, 2.
74.
Sarojini Naidu to M. K. Gandhi, August 7, 1928, in Sarojini Naidu: Selected Letters, 1890s to 1940s, ed. Makarand Paranjape (New
Delhi: Kali for Women, 1996), 202–4.
75.
Sengupta, Sarojini Naidu, 73; Paranjape, Selected Letters, 192–97; Tara Ali Beg, Sarojini
Naidu: Portrait of a Patriot (New Delhi: Congress Centenary Committee, 1985), 45.
76.
Sheshalatha Reddy, “The
Cosmopolitan Nationalism of Sarojini Naidu, Nightingale of
India,” Victorian Literature and Culture 38,
no. 2 (2010): 571–89.
77.
Sarojini Naidu, Speeches and Writings of Sarojini Naidu, 2nd ed. (Madras: G. A. Natesan, 1925
[1918]), 6.
78.
Naidu, Speeches and Writings, 102.
79.
Meena Alexander, “Sarojini Naidu: Romanticism and Resistance,” Economic and Po-
litical Weekly 20, no. 43 (1985): 68–71; Parama Roy, Indian Traffic:
Identities in Question in
Colonial and Postcolonial India (Berkeley: University of California Press, 1998), 136–37.
80.
For “sensible infrastructures,” see Jain, Gods in the Time.
81.
MO, August 2, 7.
Tantalizingly, Naidu had a productive two-month burst of poetic activity in July and August 1927, after having given up
writing in 1917. However, none of those posthumously published
poems matches the description quoted above. See Sarojini Naidu, Feather of the Dawn (New York: Asia Publishing House, 1961).
82.
Sarojini Naidu,
The Bird of Time:
Songs of Life,
Death, and the Spring (London: William Heinemann, 1912), 95–96,
and Sarojini Naidu,
The Broken Wing: Songs
of Love, Death, and Destiny (New York: John Lane, 1917), 55–56.
83.
Compare Tomoko Masuzawa, The Invention of World Religions (Chicago: University of Chicago Press, 2005).
84.
Naidu, Broken Wing, 32; Jayakar, Story of My Life, 1:202; Mushiril Hasan, Sarojini Naidu: Her Way with Words
(New Delhi: Niyogi,
2012), 24.
85.
Naidu, Speeches and Writings, 87–88.
86. Naidu, Speeches and Writings, 43.
87.
Sarojini Naidu, The Golden Threshold (London: William Heineman, 1916 [1905]), 59–61.
88.
Sarojini Naidu to William Heinemann, July 27, 1911, Selected Letters, 57–59.
89.
Srinivas Aravamudan, Guru English:
South Asian Religion
in a Cosmopolitan Language
(Durham, NC: Duke University Press, 2005).
90.
Sengupta, Sarojini Naidu, 20–23; Roy, Indian Traffic, 146.
91.
Brian A. Hatcher, Eclecticism and
Modern Hindu Discourse (New York: Oxford Univer- sity Press,
1999).
92.
Sengupta, Sarojini Naidu, 13–16, 33–34, 64, 187; Beg, Sarojini Naidu, 3–4; Naidu, Speeches and Writings,
11.
93. Sengupta, Sarojini Naidu, 73; Beg, Sarojini Naidu, 12.
94.
Naidu to Heinemann, August 17, 1911, Selected Letters, 59–61.
95.
Sengupta, Sarojini Naidu, 134–35; Naidu, Speeches and Writings, 102.
CHAPTER 4
1.
John Stuart Mill, “Penal Code for India,” in Writings on India, ed. John M. Robson, Martin Moir, and Zawahir Moir (Toronto: University of Toronto Press, 1990), 17–30. For details on the other four commissioners, see George Rankin,
Background to Indian Law (Cambridge,
UK: Cambridge University Press, 1946), 201.
2.
Thomas Babington Macaulay (henceforth TBM) to Macvey
Napier, August 29, 1836,
in Letters of Thomas Babington Macaulay, ed. Thomas Pinney (Cambridge: Cambridge University Press, 1976), 3:189–90. (Henceforth cited as L, followed by volume number.)
3.
TBM, “The Government of India,” in Works of Lord Macaulay, ed. Hannah Macaulay More Trevelyan (London: Longmans, Green, 1866), 8:111–42. (Henceforth W8 or other volume number.)
4.
James Mill, February 21, 1832, in Minutes of Evidence Taken before the Select Commit- tee on the Affairs
of the East India Company:
I. Public (London: House of Commons, 1832), 46.
5.
James Mill to Henry Brougham, August 27, 1834, in Alexander Bain, James Mill: A Biography (London: Longmans, 1882), 372–75.
6.
Emmanuelle de Champs, “Utility, Morality, and Reform:
Bentham and Eighteenth- Century Continental
Jurisprudence,” in Bentham’s Theory of
Law and Public Opinion, ed. Xiaobo Zhai and Michael
Quinn (New York: Cambridge University Press, 2014), 184–207.
7.
Mario Rodriguez, “The Livingston Codes in the Guatemalan Crisis
of 1837–1838,” in Applied Enlightenment: Nineteenth-Century Liberalism, by Mario Rodriguez, Ralph Lee Woodward Jr., Miriam Williford, and William J. Griffith
(New Orleans: Tulane Univer- sity,
1972), 3–32.
8.
Jeremy Bentham, Constitutional Code: Volume 1, in Collected Works, ed. F. Rosen and
J. H. Burns (Oxford: Oxford
University Press, 1983 [1830]), 3; David Lieberman, “Ben- tham on Codification,” in Jeremy Bentham: Selected Writings, ed. Stephen G. Engel- mann (New Haven, CT: Yale University Press, 2011), 460–77.
9.
John Bowring, ed., Works of Jeremy Bentham (Edinburgh: William Tait, 1843), 10:589–92.
10.
Eric Stokes, English Utilitarians and India (Oxford:
Clarendon, 1959), 225–31; Gerald Postema, “The Soul of Justice,” in Zhai and Quinn, Bentham’s Theory of Law, 40–62; Jeremy Bentham, “Codification Proposal, or, Idea of an All-Comprehensive Body of
Law,” in Bowring, Works, 4:535–94, at 554.
11.
David Skuy, “Macaulay and the Indian Penal Code
of 1862,” Modern Asian Studies 32, no. 3 (1998):
513–57; Rankin, Background to Indian Law,
204.
12.
A Penal
Code Prepared by the Indian
Law Commissioners (Calcutta: G. H. Huttmann, 1837), 1.
13.
Penelope Carson,
The East India Company and Religion,
1698–1858 (Cambridge, UK: Cambridge University Press,
2012); Nandini Chatterjee, The Making of Indian
Secular- ism: Empire, Law, and Christianity, 1830–1960 (New York: Palgrave, 2011).
14.
Donald Eugene Davis, India as a Secular State (Princeton, NJ: Princeton University Press,
1963), 65–84.
15.
Lata Mani, Contentious Traditions: The Debate on Sati
in Colonial India (Berkeley: Uni- versity of
California Press, 1998).
16.
Glenda Sluga and Timothy
Rowse, eds., “Global
Liberalisms,” special issue,
Modern Intellectual History 12, no. 3 (2015).
17.
See especially Stokes, English Utilitarians, and Uday Singh
Mehta, Liberalism and Empire: A Study in Nineteenth-Century British
Liberal Thought (Chicago:
University of Chicago Press, 1999).
For a revisionist take, see Karuna Mantena,
Alibis of Empire: Henry Maine
and the Ends of Liberal Imperialism (Princeton, NJ: Princeton University
Press, 2010), and Andrew Sartori,
Liberalism in Empire: An Alternative History
(Berke- ley: University of California Press,
2014).
18.
For entry into an immense literature, see Jörg Fisch,
Cheap Lives and Dear Limbs:
The
British Transformation of the Bengal Criminal Law, 1769–1817 (Wiesbaden: Franz Steiner Verlag, 1983); Scott Kugle, “Framed, Blamed,
and Renamed: The Recasting of
Islamic Jurisprudence in Colonial South Asia,” Modern Asian
Studies 35, no. 2 (2001): 257–313; Jon Wilson, “Anxieties of Distance: Codification in Early Colonial
Bengal,” Modern Intellectual History 4, no. 1 (2007):
7–23; Rosanne Rocher,
“The Creation of Anglo-Hindu Law,”
in Hinduism and Law: An Introduction, ed. Timothy Lubin,
Don- ald R. Davis, and Jayanth K. Krishnan (Cambridge, UK:
Cambridge University Press, 2010), 78–88; Rachel Sturman, The Government of Social Life in Colonial
India: Liberal- ism, Religious Law, and
Women’s Rights (Cambridge, UK:
Cambridge University Press, 2012);
Deepa Das Acevedo, “Developments in Hindu Law from the Colonial Period to the Present,” Religion Compass
7, no. 7 (2013): 252–62;
Julia Stephens, Governing Islam: Law, Empire, and Secularism in South
Asia (Cambridge, UK: Cambridge
University Press, 2018), 22–56.
19.
James Mill, History of British
India (Cambridge, UK: Cambridge University Press, 2010), 3:341.
20. TBM, “Government of India,” 137–38.
21.
Javed Majeed, Ungoverned
Imaginings: James Mill’s
The History of British India
and Orientalism (Oxford: Oxford University Press, 1992), 44.
22. Jeremy Bentham, “Place and Time,” in Selected Writings, 152–219, at 180.
23.
David Lemmings,
editor’s introduction to Commentaries on the Laws of England:
Book 1, by William Blackstone (Oxford:
Oxford University Press, 2016), xxii; Richard Posner, “Blackstone and Bentham,” Journal of Law & Economics 19, no. 3 (1976): 569–606.
24. Gerald Postema, “The Expositor, the Censor, and the Common
Law,” Canadian Journal of Philosophy 4,
no. 4 (1979): 643–70.
25.
Jeremy Bentham,
A
Fragment on Government, ed. J. H. Burns and H. L. A. Hart (Cam-
bridge, UK: Cambridge University Press, 1988), 21; Gerald Postema,
Bentham and the Common Law Tradition (Oxford:
Clarendon, 1986), 268.
26. David Lieberman, “Mapping Criminal Law: Blackstone and the
Categories of English Jurisprudence,” in Law, Crime,
and English Society,
1660–1840, ed. Norma
Landau (Cambridge, UK: Cambridge
University Press, 2002), 139–61.
27. Robert Yelle, “Bentham’s Fictions,” Yale Journal of Law and Humanities 17,
no. 2 (2005): 152–79.
28. Boyd Hilton, Age of
Atonement: The Influence of Evangelicalism on Social and Economic Thought,
1795–1865 (Oxford: Clarendon, 1992), 31.
29. Postema, “Expositor,” 646.
30. Bentham, “Place and Time,” 154.
31.
For global
context, see Janet Halley, “What Is Family
Law: A Genealogy, Part I,” Yale Journal of Law and the Humanities 23, no. 1 (2011): 1–109. For India, see Flavia Agnes,
Law and Gender Inequality (Delhi: Oxford University Press, 2001), and Rina Verma Wil-
liams, Postcolonial
Politics and Personal Laws (Delhi: Oxford University Press, 2006).
32. Carl von Savigny,
The History of the Roman Law during the Middle Ages, trans. E. Cath- cart (Edinburgh: Adam Black, 1829), 1:lxxii, 122. See Duncan
Kennedy, “Savigny’s Fam- ily/Patrimony Distinction and
Its Place in the Global Genealogy of Classical Legal Thought,” American Journal
of Comparative Law 58, no. 4 (2010):
811–41; and Stephens, Governing Islam, 36.
33. For context,
see Lauren Benton,
Law and Colonial Cultures: Legal Regimes in World
History, 1400–1900 (Cambridge, UK: Cambridge University Press, 2001).
34. Walter Morgan and Arthur Macpherson, eds., The Indian Penal Code (Act XLV of 1860), with Notes (Calcutta: G. C. Hay, 1861), 4. (Henceforth IPC.)
35. Elizabeth Kolsky, Colonial Justice
in British India: White
Violence and the Rule of Law
(Cambridge: Cambridge University Press, 2009), 19.
36.
Robert Yelle,
“The Hindu Moses: Christian Polemics against Jewish Ritual and the
Secularization of Hindu Law under Colonialism,” History of Religions 49,
no. 2 (2009): 141–71.
37. My discussion here leans heavily on Stephens, Governing Islam, 57–85.
38. Mitra Sharafi, Law and
Identity in Colonial South Asia: Parsi
Legal Culture, 1772–1947
(Cambridge, UK: Cambridge University Press, 2013).
39. Morgan and Macpherson, IPC, 118.
40. Morgan and Macpherson, IPC, 16.
41.
See Brannon
Ingram, J. Barton Scott, and SherAli Tareen,
eds., Imagining the Public
in Modern South Asia (New York: Routledge, 2016).
42. Allan Octavian Hume and Kour Luchman Singh, Hindee Version of the Indian Penal Code, or Act XLV of 1860 (Etawah: Hukeem Jowahir Lall, 1861).
43.
Nathaniel Halhed, A Code of Gentoo Laws, or, Ordinations of the Pundits
(London: 1776), 5.
44. Halhed, Code of Gentoo Laws, 202–38.
45.
A Penal Code, 71–73; Morgan and Macpherson, IPC, 217–21.
For the amendment pro- cess, see Copies of the Special
Reports of the Indian Law Commissioners (London: House of
Commons, 1848), 51–57.
46. A Penal Code, “Note J,” 49.
47. Kolsky, Colonial Justice in British India.
48. A Penal Code, 72.
49. A Penal Code, “Note J,” 49–50.
50. TBM, “Jewish Disabilities,” W8, 100–10, at 104.
51.
TBM, “Minute on Education,” in Archives of Empire, ed. Barbara Harlow
and Mia Carter (Durham, NC: Duke University Press, 2003),
1:227–38.
52.
A Penal Code, “Note
B,” 12. See also Asad Ali Ahmed, “Specters of Macaulay: Blas- phemy, the Indian
Penal Code, and Pakistan’s Postcolonial Predicament,” in Censor-
ship in South Asia, ed.
Raminder Kaur and William Mazzarella (Bloomington: Indiana
University Press, 2009),
172–205.
53. Ahmed, “Specters of Macaulay,” 178.
54. J. S. Mill, Autobiography (Oxford: Oxford University Press,
2018), 52.
55. See Leonard Levy, Blasphemy (New York: Knopf, 1993), 333–99.
56.
J. S. Mill, Newspaper Writings: December 1822–July 1831, ed. Ann P. Robson and John M. Robson (Toronto: University of Toronto Press, 1986), 6–18, 21–24.
57.
James Mill,
“Liberty of the Press,” in Political
Writings, ed. Terence
Ball (Cambridge, UK: Cambridge
University Press, 1992), 95–136, at 135.
58. David Nash, Blasphemy in Modern Britain (London: Routledge, 2019), 84; Richard
Car- lile to
Jeremy Bentham, January
22, 1824, in Correspondence of Jeremy Bentham, ed. Catherine Fuller (Oxford:
Oxford University Press, 2000), 11:341.
59.
Zachary Macaulay to Hannah More, October 28, 1820, in Life and Letters of Zachary Macaulay, ed. Margaret
Jean Trevelyan Knutsford (London: Edward Arnold, 1900), 362.
60. TBM to Zachary Macaulay, September 1819, L1, 132–34; Robert Sullivan, Macaulay: The Tragedy of Power (Cambridge, MA: Belknap, 2009), 28.
61. TBM, “Scenes from ‘Athenian Revels,’” W7, 586; Sullivan, Macaulay, 30–37.
62. Knutsford, Life and Letters, 204.
63. TBM to Hannah Macaulay, June 14, 1831, L2, 44.
64.
Macaulay was, in a way, part of Marx’s intellectual history. Bruno Bauer’s writings on “Jewish emancipation” used a phrase
that had been imported into German from En-
glish (presumably, as Bauer
noted, for its strong emotional appeal) in 1828—Macaulay’s moment. Marx then worked from within the problematic (in the Althusserian sense) of emancipation to develop
his account of modern political subjectivity. To note this
English-German connection is to see how
nineteenth-century discourses on religious minority emerged
contrapuntally across multiple
overlapping geographies. It is also to wonder
whether the British
took the term emancipation from the Black Atlantic
context, with notions
of religious minority
thus emerging from within a problematic
of race that would, by extension, have shaped Marx as it had Hegel before him. See
Jacob Katz, “The Term ‘Jewish
Emancipation,’” in Studies in Nineteenth-Century Jew- ish Intellectual History, ed. Alexander
Altmann (Cambridge, MA: Harvard University Press, 2013), 1–25; Patchen
Markell, Bound by Recognition (Princeton,
NJ: Princeton University Press, 2003), 123–51; Susan Buck-Morss, “Hegel and Haiti,” Critical
Inquiry 26,
no. 4 (2000): 821–65.
65. Linda Colley, Britons: Forging the Nation, 1707–1837 (New Haven, CT: Yale
University Press, 1992).
66. Gauri Viswanathan, Outside the Fold: Conversion, Modernity, Belief (Princeton, NJ: Princeton University Press, 1998); Aamir Mufti, Enlightenment in the Colony:
The Jew- ish Question
and the Crisis of Postcolonial Culture (Princeton, NJ: Princeton University Press, 2007).
67. Saint Helena Act 1833, sections 87, 89, 102, at https://www.legislation.gov.uk/ukpga
/Will4/3–4/85.
68. Hansard’s, April 5, 1830, column 1307.
69. Hansard’s, April 5, 1830, column 1303.
70. Hansard’s, April 5, 1830, column 1305.
71. Hansard’s, April 5, 1830, column 1325.
72.
Tisa Wenger, Religious
Freedom: The Contested History of an American Ideal
(Chapel Hill: University of North Carolina Press, 2017).
73. TBM, “Civil Disabilities of the Jews,” W5, 458–69, at 463.
74. Viswanathan, Outside the Fold, 5.
75.
Saba Mahmood, Religious Difference in a Secular Age: A Minority Report (Princeton, NJ: Princeton University Press,
2015).
76. TBM, “Jewish Disabilities,” 104.
77. TBM, “Civil Disabilities,” 459.
78.
Joss Marsh, Word Crimes: Blasphemy, Culture, and Literature in Nineteenth-Century
England (Chicago: University of Chicago Press, 1998).
79. Report of the Proceedings of the Court of the King’s Bench in the Guildhall, London . . .
Being the Mock Trials of Richard Carlile for Alledged
Blasphemous Libels (London: R. Carlile, 1822), 8, 13.
80. “Defeat of the Vice Society,” Republican, July 19, 1822, 227, quoted in Levy, Blas- phemy, 393.
81. Thomas Paine, Age of Reason (London: Freethought Publishing, 1889),
8. For context, see Franklyn Prochaska, “Thomas Paine’s The Age of Reason
Revisited,” Journal of the History of Ideas
33, no. 4 (1972): 561–76.
82. TBM, “Jewish Disabilities,” 104.
83. TBM, “Jewish Disabilities,” 104–5.
84. C. B. Macpherson, The Political Theory
of Possessive Individualism (Oxford: Oxford Uni- versity
Press, 2011).
85. TBM, “Government of India,” 142.
86.
Hansard’s, April 5, 1830, column 1322. For a slightly different formulation from Mack- intosh, who in 1818 advocated that Parliament should mirror
social classes proto- sociologically,
rather than giving over to number and mob rule, see Greg Conti, Parlia-
ment the Mirror of the Nation: Representation, Deliberation, and Democracy in Victorian Britain (Cambridge, UK: Cambridge University Press, 2019), 20–21.
87. Hansard’s, April 5, 1830, column 1313; TBM, “Civil Disabilities,” 459.
88. TBM, “Jewish Disabilities,” 52.
89. TBM, “Civil Disabilities,” 459.
90. TBM, “Gladstone on Church and State,” W6, 326–80.
91. TBM, “Civil Disabilities,” 459.
92. A Penal Code, “Note J,” 49–50.
93.
Jeremy Bentham,
Introduction to the Principles of Morals and Legislation, ed. J. H. Burns
and H. L. A. Hart (Oxford: Clarendon,
1996 [1789]), 11.
94. Bentham, Introduction to the Principles, 158.
95.
Michel Foucault, Birth of Biopolitics: Lectures
at the Collège de France,
1978–1979, trans. Graham Burchell (New York: Palgrave, 2008).
96.
Jeremy Bentham, Rights, Representations and Reform: Nonsense
upon Stilts and other
Writings on the French Revolution, ed. Philip
Schonfield, Catherine Pease-Watkin, and Cyprian Blamires (Oxford: Oxford University Press, 2002).
97. Bentham, Introduction to the Principles, 174.
98.
James Crimmins, Secular Utilitarianism: Social
Science and the Critique of Religion in the Thought of Jeremy Bentham
(Oxford: Clarendon, 1990), 314.
99. Bentham, Introduction to the Principles, 17.
100.
Philip Beauchamp [Jeremy Bentham], Analysis of the Influence of Natural Religion on the Temporal
Happiness of Mankind
(London: R. Carlile,
1822), 33.
101.
Jeremy Bentham,
Deontology Together with a Table of the Springs
of Action, ed. Amnon
Goldworth and F. Rosen (Oxford:
Oxford University Press, 1983), 243.
102. Bentham, Deontology, 79–86.
103. Bentham, “Place and Time,” 158–59.
104. Bentham, “Offences against Religion,” in “Place and Time,” 37n.
105. Jeremy Bentham, Letters to Count Toreno (London: R. and A. Taylor, 1822),
103.
106. A Penal Code, “Note J,” 49–50
107. TBM, “Government of India,” 120.
108.
TBM to John
Hobhouse, January 6, 1836, L3,
164–66; TBM to Thomas Flower Ellis, June 3, 1835, L3, 146.
109. C. F. A. Marmoy, “The Auto-Icon of Jeremy Bentham at University College, London,”
Medical History 2, no. 2 (1958):
77–86.
110. Jennifer Pitts, A Turn to Empire: The Rise of Imperial Liberalism in Britain and France
(Princeton, NJ: Princeton University Press, 2005), 103–22.
111. Jeremy Bentham, Panopticon Writings, ed. Miran Božovič (London: Verso, 1995).
112. Bentham, Introduction to the Principles, 10.
113. Bentham, Introduction to the Principles, 157, 167.
114.
See for instance
Andrew Sartori, Bengal in Global Concept
History: Culturalism in the Age of Capital (Chicago: University of Chicago Press, 2009).
115. Bentham, “Place and Time,” 174–75, 179.
116. TBM, “Government of India,” 139.
117.
Everett Zimmerman, “Pride and Prejudice
in Pride and Prejudice,” Nineteenth-Century Fiction 23,
no. 1 (1968): 64–73.
118. Halhed, Code of Gentoo Laws, lxxi.
119.
Robert Aspland,
An Inquiry into the Nature of the Sin of Blasphemy (London: R. Hunter, 1817), 77.
120. Hansard’s, April 5, 1830, column 1324.
121.
Edmund Burke, Reflections on the Revolution in France, ed. J. G. A. Pocock (Cambridge, UK: Hackett, 1987), 76.
122. Mehta, Liberalism and Empire, 153–89.
123. Jeremy Bentham, “Essay on the Influence of Time and Place
in Matters of Legislation,” in Works of Jeremy Bentham, ed. John Bowring
(Edinburgh: William Tait, 1843), 1:169– 94, at 180. The “soaring” rhetoric does not appear in the critical
Yale edition cited
above, which is based
solely on the manuscript text and not, as with Bowring, the French 1802 edition. See Stephen G.
Engelmann and Jennifer Pitts, “Bentham’s ‘Place and Time,’ ”
Tocqueville Review 32, no. 1 (2011):
43–66.
124.
David Bromwich, A Choice of Inheritance: Self and Community from Edmund Burke to Robert Frost (Cambridge, MA: Harvard University Press, 1989), 59; Burke, Reflections, 7.
125. Burke, Reflections, 68, 75.
126. John Stuart Mill, A System of Logic (London: Longmans, 1961 [1843]), 567.
127. Mill, Autobiography, 64, 79–85.
128. TBM, “Warren Hastings,” W5, 543–644, at 620.
129. TBM, “Mill on Government” and “Westminster
Reviewer’s Defense of Mill,” W5, 239–
300. For Mill’s response,
see Political Writings, 304–14.
130. Sullivan, Macaulay, 43–46.
131.
Edward Gibbon,
History of the Decline
and Fall of the Roman Empire (London: W. Stra- han, 1782), 1:34–35.
132. TBM, “Government of India,” 139.
133. TBM to Thomas Flower Ellis, December 18, 1837, L3, 235–38.
134.
Theodore Koditschek,
Liberalism, Imperialism, and the
Historical Imagination: Nineteenth-Century
Visions of a Greater Britain (Cambridge,
UK: Cambridge Univer- sity Press, 2011), 99–150; Catherine Hall, “Macaulay’s History
of England,” in Ten Books
that Shaped the British Empire, ed. Antoinette Burton and Isabel Hofmeyr
(Durham, NC: Duke University Press, 2014), 71–89.
135. Stokes, English
Utilitarians, 190–93, 211–12, 239–40, 261; John Clive, Macaulay: The Shaping of a Historian
(London: Secker and Warburg, 1973),
463–66.
136. “Administration of Justice
in India,” Edinburgh Review
73, no. 148 (July 1841):
425–60, at 457.
137. Much of this narrative seems to derive from J. F. Stephen, writing a few decades later. See Rankin, Background to Indian Law,
201–3, and Stokes,
English Utilitarians, 258–59.
138. TBM to Hannah Trevelyan, October
1854, quoted in George Otto Trevelyan, Life and Letters of Lord Macaulay (London: Longmans, Green, 1881), 337.
CHAPTER 5
1.
Thomas Babington Macaulay (henceforth TBM) to Thomas
Flower Ellis (henceforth TFE), February 8, 1835, in Letters of Thomas Babington Macaulay,
ed. Thomas Pinney (Cambridge, UK: Cambridge
University Press, 1976), 3:129–33. (Henceforth cited as L, followed by volume
number.)
2.
Joan Wallach
Scott, Sex and Secularism (Princeton,
NJ: Princeton University Press, 2017).
3.
Robert Sullivan, Macaulay: The Tragedy of Power (Cambridge, MA: Belknap, 2009); Catherine Hall, Macaulay and Son: Architects of Imperial Britain
(New Haven, CT: Yale
University Press, 2012).
4.
TBM to Margaret Macaulay Cropper (henceforth MM), December 7, 1834, L3, 99–107.
5.
See Asad Ali Ahmed, “Specters of Macaulay: Blasphemy, the Indian Penal
Code, and Pakistan’s Postcolonial Predicament,” in Censorship
in South Asia, ed. Raminder
Kaur and William Mazzarella (Bloomington: Indiana University Press,
2009), 172–205.
6.
TBM, “Warren Hastings,” in Works of Lord Macaulay, ed. Hannah Macaulay Trevelyan (London: Longmans, Green,
1866), 6:543–644, at 555 (henceforth W6 or other volume number). For context, see
Mrinalini Sinha, Colonial Masculinity:
The “Manly English- man” and the “Effeminate Bengali”
in the Late Nineteenth Century
(New York: Manches- ter University Press, 1995).
7.
See especially Matthew McCormack, The Independent Man: Citizenship and Gender
Politics in Georgian
England (Manchester: Manchester University Press, 2005), as well
as Stefan Collini, Public
Moralists: Political Thought and Intellectual Life in Britain, 1850–1930 (Oxford: Clarendon, 1991); John Tosh, A
Man’s Place: Masculinity and the Middle-Class
Home in Victorian England (New
Haven, CT: Yale University Press, 1999); William Barnhart, “Evangelicalism, Masculinity, and the Making
of Imperial Manli- ness in Late Georgian Britain,
1795–1820,” Historian 67, no. 4
(2005): 712–32.
8.
TBM to Hannah Macaulay (henceforth HM), October 31, 1833, L2, 328.
9.
MM, “Recollections of a Sister of T. B. Macaulay,” in Memoirs of the Clan “Aulay,” Extracted from Public Sources and
Family Papers, ed. Joseph Babington Macaulay (Carmarthen: William James Morgan, 1881), 232.
10.
Compare Susan Mendus, “Liberty and Autonomy,” Proceedings of the Aristotelian Soci- ety 87, no. 1
(1986–7): 107–29.
11.
Lisa Lowe, The Intimacies of Four Continents (Durham, NC: Duke University Press, 2015).
12.
Anna Stoler, Race and the Education of Desire: Foucault’s History of Sexuality and the Colonial Order of Things (Durham, NC: Duke University Press, 1995); Anne
McClintock, Imperial
Leather: Race, Gender, and Sexuality in the Colonial Contest (New York: Rout- ledge, 1995).
13.
Leela Gandhi, Affective Communities: Anticolonial Thought,
Fin-de-Siècle Radicalism, and the Politics of Friendship (Durham, NC: Duke University Press, 2005).
14.
Compare J.
Barton Scott, “Only Connect: Three Reflections on the Sociality of Secular- ism,” Cambridge
Journal of Postcolonial Literary Inquiry 6, no. 1 (January 2019): 48–69.
15.
Katherine Lemons, Divorcing Traditions: Islamic Marriage Law
and the Making of Indian Secularism (Ithaca, NY: Cornell University Press, 2019), 24.
16. Hall, Macaulay and Son, xii–viii.
17. Sullivan, Macaulay, 19.
18. TBM to TFE, December 18, 1837, L3, 235–38.
19. TBM to TFE, August 25, 1835, L3, 152–55; TBM to TFE, December 30, 1835, L3, 157–60;
TBM to Thomas Spring-Rice, February 8, 1836, L3,
166–71; TBM to TFE, July 25, 1836,
L3, 180–83.
20. For aesthetic justification, see Patricia Meyer Spacks, Gossip (New York: Knopf, 1985).
21. TBM to Maria Kinnard Drummond, September 20, 1837, L3, 224–26.
22. MM, “Recollections,” 216, 189.
23. TBM to MM, August 18, 1832, L2, 184; Macaulay, Memoirs of the Clan, 171–72.
24. TBM to MM, November 26, 1832, L2, 203–4.
25. TBM to MM Cropper, January 26, 1833, L2, 226.
26. TBM to HM, December 23, 1833, L2, 367–68.
27. TBM to HM, December 12, 1832, L2, 210–11.
28. TBM to HM, June 1, 1833, L2, 246–47.
29. TBM to HM, July 11, 1833, L2, 268–69. The verb recurs in July 25, L2, 277–78.
30.
On incest,
see Adam Kuper,
Incest and Influence: The Private Life of Bourgeois England (Cambridge, MA: Harvard University Press, 2009),
and Leonore Davidoff, Thicker Than Water:
Siblings and Their Relations, 1780–1920 (New York: Oxford University Press, 2012). On firms, see Leonore Davidoff and Catherine Hall, Family Fortunes: Men and Women
of the English Middle Class
(London: Hutchinson, 1987).
31. TBM to HM, January 2, 1834, L3, 5–7.
32. Hall, Macaulay and Son, 129.
33. On Zachary’s finances, see TBM to HM, August
17, 1833, L2, 297, and November
2, 1833,
L2, 329–30.
34. Sullivan, Macaulay, 113–14.
35.
Mary Jean Corbett, “Husband, Wife, and Sister: Making and Remaking the Early Vic- torian Family,” Victorian Literature and Culture 35, no. 1 (2007): 1–19.
36. TBM to HM, August 17, 1833, L2, 300–1.
37. J. L. Adolphus to H. H. Milman, L3, 14n1.
38. HM to MM Cropper, February 16, 1834, L3, 25n4.
39. HM to MM Cropper, February 16, 1834, L3, 25n4.
40. TBM to HM, January 2, 1834, L3, 5–7.
41. TBM to MM Cropper, December
24, 1834, L3, 113–16.
42. TBM to MM Cropper, December 7, 1834, L3, 99–107, at 104–5.
43.
Christopher Johnson
and David Sabean,
eds., Sibling Relations and the Transformations of European Kinship,
1300–1900 (New York: Berghahn Books, 2011), 16.
44.
Simon Goldhill, A Very Queer Family
Indeed: Sex, Religion, and the Bensons
in Victorian Britain (Chicago: University of Chicago Press, 2016).
45.
Friedrich Kittler, Discourse
Networks: 1800/1900, trans. Michael Metteer (Stanford, CA: Stanford University Press,
1990).
46. Hall, Macaulay and Son,
155; Sullivan, Macaulay, 82.
47. TBM to HM, July 6, 1831, L2, 62–63.
48. TBM to MM Cropper, December 7, 1834, L3, 99–107.
49.
TBM to TFE, July 25, 1836,
L3, 180–83; TBM to Selina and Frances Macaulay, Decem- ber 13, 1837, L3, 232–35.
50. Hall, Macaulay and Son, 155.
51. MM,
“Recollections.”
52.
Eve Tavor Bannett, Empire of Letters: Letter Manuals and Transatlantic Correspondence, 1680–1820 (Cambridge, UK:
Cambridge University Press, 2005); Rachel Scarborough King, Writing to the World: Letters and the Origins of Modern Print Genres (Baltimore: Johns Hopkins University Press, 2018), 92.
53. TBM to HM, June 10, 1833, L2, 253–54;
TBM to Charles Macaulay, December
5, 1836,
L3, 203–5.
54.
Catherine
Golden, Posting It: The Victorian
Revolution in Letter Writing (Gainesville: University Press
of Florida, 2009);
King, Writing to the World.
55. MM, “Recollections,” 194–95.
56.
C. A. Bayly, Empire and Information: Intelligence Gathering and Social Communication in India,
1780–1870 (Cambridge, UK: Cambridge University Press, 1996),
217.
57.
Janet Altman, Epistolarity: Approaches to a Form (Columbus: Ohio State University Press,
1982), 2.
58. TBM to Frances Macaulay, March 2, 1850, L5, 95–97.
59. TBM to Macvey Napier, February 13, 1834, L3, 21–22.
60.
For a facsimile,
see Sullivan, Macaulay, 140. For the
physicality of books, see Leah Price, How to Do Things with Books in Victorian Britain
(Princeton, NJ: Princeton Univer- sity Press, 2012). For an entry to the thriving field of Indian
book history, see Swapan
Chakraborty and Abhijit Gupta, eds., New Word Order: Transnational Themes in Book History (Delhi: Worldview Publications, 2011).
61. TBM to MM Cropper, December
24, 1834, L3, 113–16.
62. Edward W. Said, Orientalism (New York: Pantheon, 1978).
63. Hall, Macaulay and Son, 216.
64. Sullivan, Macaulay, 137.
65. TBM to HM, January 4, 1834, L3, 8.
66. TBM to TFE, July 1, 1834, L3, 59–64.
67. Sullivan, Macaulay, 113–21.
68. Homi Bhahba, The Location
of Culture (London: Routledge, 1994).
69.
Gauri
Viswanathan, Outside the Fold:
Conversion, Modernity, Belief (Princeton, NJ: Princeton University Press, 1998).
70. Sullivan, Macaulay, 141, 166.
71. Sullivan, Macaulay, 31–32, 130.
72. TBM
to ZM,
February 5, 1819, L1, 118–21.
73.
Gauri
Viswanathan, Masks of Conquest: Literary
Study and British Rule in India (New York: Columbia University Press, 2014).
74. TBM, “Minute on Education.”
75. TBM to ZM, October 12, 1836, L3, 192–93.
76.
Compare Isabel Hofmeyr, Gandhi’s Printing
Press: Experiments in Slow Reading
(Cam- bridge, MA: Harvard University Press, 2013).
77. TBM to Charles Knight, June 20, 1823, L1, 189–90.
78. TBM to MM Cropper, December 7, 1834, L3, 99–107; TBM to TFE, December 15, 1834,
L3, 110–13.
79.
George Otto Trevelyan, Life and Letters of Lord Macaulay
(London: Longmans, Green, 1881), 25.
80. Tisa
Wenger, Religious Freedom: The Contested
History of an American Ideal (Cha- pel
Hill: University of North Carolina Press, 2017), 17; Paul Gilroy, The Black Atlan- tic: Modernity and Double
Consciousness (Cambridge, MA: Harvard University Press, 1993).
81. Charles Booth, Zachary Macaulay
(London: Longmans, Green,
1934), 4–5.
82. Booth, Zachary Macaulay, 13, 17.
83. Hall, Macaulay and Son, 8.
84.
Margaret Jean
Trevelyan Knutsford, Life and Letters of
Zachary Macaulay (London: Edward Arnold, 1900), 13, 17.
85. Knutsford, Life and Letters, 98.
86. Knutsford, Life and Letters, 135–36.
87. Christopher
Tolley, Domestic Biography: The Legacy of
Evangelicalism in Four Nineteenth-Century Families
(Oxford: Clarendon, 1997), 24–50; Kuper,
Incest and Influ- ence, 135–58.
88. Trevelyan, Life and Letters of Lord Macaulay, 43.
89. TBM to ZM, January
2, 1822, L1, 168–69;
TBM to ZM, January 4, 1823, L1, 182–84.
90. TBM to Frances Macaulay, July 10, 1844, L4, 206–7.
91. Ernst Marshall Howse,
Saints in Politics: The “Clapham Sect” and the Growth of Freedom
(Toronto: University of Toronto Press,
1952); Charles Grant, “Observations on the State of Society among the Asiatic Subjects of Great Britain, Particularly with
Respect to Morals” (London: House of Commons,
1813). For the complexity of missionary politics, see Winter
Jade Werner, Missionary Cosmopolitanism in Nineteenth-Century British Literature
(Columbus: Ohio State University
Press, 2020).
92. Rupa Viswanath, The Pariah Problem: Caste, Religion,
and
the Social in Modern India
(New York: Columbia University Press, 2014).
93.
Robert Wilberforce and Samuel Wilberforce, Life of William Wilberforce (London: John Murray, 1838), 1:149.
94. Hall, Macaulay and Son, 206–7; Sullivan, Macaulay, 7, 196.
95. Compare Catherine Hall, Civilising Subjects: Colony
and Metropole in the English
Imagi- nation, 1830–1867 (Chicago: University of Chicago Press, 2002).
96. Thomas Babington, A Practical
View of Christian Education in Its Early Stages (London: J. Hatchard, 1814), 3–4, 8.
97. William Wilberforce, A Practical View of the Prevailing Religious System of the Professed
Christians in the Higher and Middle Classes of This Country, Contrasted with
Real Chris- tianity, 3rd ed. (London: T. Cadell, 1797), 26–27, 30–31.
98. Knutsford, Life and Letters, 16–17.
99. Sullivan, Macaulay, 18.
100.Sullivan, Macaulay, 21.
101.ZM to Selina Mills Macaulay, November
25, 1820, in Knutsford, Life and Letters, 364–65.
102.ZM to TBM, August 15, 1813, in Knutsford, Life and Letters, 307–8.
103.Trevelyan, Life and Letters of Lord Macaulay, 20.
104.Trevelyan, Life and Letters of Lord Macaulay, 21; MM, “Recollections,” 190.
105.Trevelyan, Life and Letters of Lord Macaulay, 19–21.
106.Trevelyan, Life and Letters of Lord Macaulay, 25.
107.Trevelyan, Life and Letters of Lord Macaulay, 19.
108.John Clive, Macaulay: The Shaping of a Historian (London: Secker and Warburg, 1973), 243.
109. [Nature of an Auto-da-Fé], Christian Observer
(March 1811): 161–62.
See Thomas Pinney, “Notes on Macaulay’s Unacknowledged and Uncollected Writings,” Papers of the Bibliographical Society of America
67, no. 1 (1973): 17–31; Tolley, Domestic
Biogra- phy, 29.
110. Trevelyan, Life and Letters of Lord Macaulay, 32.
111. Trevelyan, Life and Letters of Lord Macaulay, 21.
112.
Norbert Elias, The Civilising Process, trans.
Edmund Jephcott (London:
Blackwell, 2000); Marjorie Morgan,
Manners, Morals, and Class in England,
1774–1858 (New York: St. Martin’s, 1994); Lawrence Klein, Shaftsbury and the Culture of Politeness (Cam- bridge, UK: Cambridge University Press, 1994).
113.
Jeremy Bentham,
Introduction to the Principles of Morals and Legislation, ed. J. H. Burns
and H. L. A. Hart (Oxford: Clarendon, 1996), 282–93.
114. Morgan, Manners, Morals, and Class,
14.
115.
Michel Foucault, Security, Territory, Population: Lectures at the Collège
de France, 1977– 1978, trans. Graham Burchell
(New York: Palgrave, 2007).
116.
“Notes,” in A Penal Code Prepared by the Indian
Law Commissioners (Calcutta: G. H. Huttmann,
1837), 20.
117. Navtej Singh Johar v. Union of India, AIR 2018 SSC 4321.
118.
A Penal Code, 92; Walter Morgan and Arthur Macpherson, eds., The Indian Penal Code
(Act XLV of 1860), with Notes (Calcutta: G. C. Hay, 1861), 326. For the extension of 377
to
other British colonies, see Enze Han and Joseph O’Mahoney, British
Colonialism and
the Criminalization of Homosexuality: Queens, Crime, and Empire (London:
Routledge, 2018).
119. Babington, Practical View, 2–3.
CHAPTER 6
1.
Hussein Ali Agrama, Questioning
Secularism: Islam, Sovereignty, and the Rule of Law in
Modern Egypt (Chicago: University of Chicago Press, 2012).
2. Joan Wallach Scott, Sex
and Secularism (Princeton, NJ: Princeton University Press, 2017).
3.
Clive Unsworth,
“Blasphemy, Cultural Divergence, and Legal Relativism,” Modern Law
Review 58, no. 5 (1995):
658–77, at 663.
4.
Jeremy Bentham, Of Laws in General, ed. J. H. Burns (London:
Athlone, 1970), 33.
5.
John Lassiter, “Defamation of Peers:
The Rise and Decline of the Action
for Scanda- lum Magnatum, 1497–1773,” American Journal
of Legal History
22, no. 3 (1978): 216–36; Philip Hamburger, “The Development of the Law of Seditious Libel and the
Control of the Press,” Stanford
Law Review 37, no. 3 (1985): 661–765; Michael Lobban, “From Sedi- tious Libel to Unlawful Assembly: Peterloo and the Changing Face of Political Crime,
c. 1770–1820,” Oxford Journal of Legal Studies 10, no. 3 (1990): 307–52; Philip
Harling, “The Law of Libel and the Limits of Repression, 1790–1832,” Historical
Journal 44, no. 1
(2001): 107–34.
6.
Colin Manchester, “A History of the Crime of Obscene
Libel,” Journal of Legal History
12, no. 1 (1991): 36–57; Simon Stern, “Fanny Hill and the ‘Laws of Decency’: Investigat- ing Obscenity in the Mid-Eighteenth Century,” Eighteenth-Century Life 43, no. 2 (2019): 162–87.
7. R. H. Helmholz, Select Cases on Defamation to 1600 (London: Selden Society, 1985);
C. R. Kopf, “Libel
and Satire in the Eighteenth Century,” Eighteenth-Century
Studies 8, no. 2 (1974–5): 153–68;
Norman Rosenberg, Protecting the Best Men: An Interpretive History of the Law of Libel (Chapel Hill: University of North Carolina
Press, 1986); Laurence M. Friedman, Guarding Life’s Dark Secrets:
Legal and Social Controls over Reputation, Propriety, and Privacy (Stanford, CA: Stanford University Press, 2007).
8.
Unsworth, “Blasphemy,” 77.
9.
William Sheppard, Action upon the Case for Slander
(London: Adams, Starkey,
& Bas- set,
1662), iii.
10. Helmholz, Select Cases on Defamation;
Lawrence McNamara, Reputation and Defama- tion (Oxford: Oxford University Press, 2007), 61–103; Robert Post, “The Social
Founda- tions of Defamation Law,” California
Law Review 74, no. 3 (May 1986): 691–742.
11. Mark Rose, Authors and Owners: The Invention of Copyright (Cambridge, MA:
Harvard University Press, 1995); Adrian Johns, The Nature of the Book: Print and Knowledge
in the Making (Chicago: University of Chicago Press, 1998).
12. See, for instance, Melissa
Mohr, Holy Shit: A Brief History
of Swearing (New
York: Oxford University Press, 2013), 173–226.
13. John Godolphin, Reportorium Canonicum (London, 1678), 559–61.
14. John March, Actions for Slander (London: Elizabeth Walbanck, 1647).
15. Rex v. Curl, (1727) 2 Stra 788. See Lobban, “From Seditious
Libel,” 312.
16.
Diary of Samuel Pepys, ed. Robert Latham and William Matthews (Berkeley: University of California
Press, 2000), 4:209–10; The Life and
Times of Anthony Wood, ed. Andrew Clark (Oxford: Clarendon, 1891), 1:476–77.
17. John Brewer,
Pleasures of the Imagination: English Culture in the Eighteenth Century
(London: Routledge, 1997), 24–25.
18.
A Review
of the Late Publication on Libel of Messrs. George,
Holt, Starkie, &
Jones, by a Barrister of the Inner Temple (London: Reed and Hunter,
1815), 7–8.
19. Philip Harding, “The Law of Libel and the Limits of
Repression, 1790–1832,” Historical Journal 44,
no. 1 (2001): 107–34.
20.
“The Pre-Thorley v. Kerry Case Law of the
Libel-Slander Distinction,” University of
Chicago Law Review 23, no. 1 (1955):
132–50.
21. March, Actions for Slander.
22.
James Mill,
“Jurisprudence,” in Political Writings, ed. Terence Ball (Cambridge, UK: Cambridge University Press, 1992), 43–94, at 88.
23.
My narrative loosely follows Paul Mitchell, The Making of the Modern Law of Defama- tion (Oxford:
Hart, 2005).
24. Lobban, “From Seditious Libel,” 310.
25. John George, A Treatise
on the Offence of Libel (London: Taylor
and Hessey, 1812).
26. Francis Ludlow Holt, The Law of Libel, 2nd ed. (London: J. Butterworth, 1816).
27.
George, Treatise, 12–14, 41–50, 90–92, 355.
Compare the claim that blasphemy corrupts the morals of the living
in John Jones,
De Libellis Famosis, or the Law of Libels
(London: S. Rousseau, 1812), 8–9.
28. Thomas Starkie, Treatise on the Law of Slander
(London: W. Clarke,
1813), 13.
29.
Michael Lobban,
“Starkie, Thomas,” Oxford Dictionary of National Biography, Septem- ber 23, 2004. https://www.oxforddnb.com/view/10.1093/ref:odnb/9780198614128.001
.0001/odnb-9780198614128-e-26319.
30.
George Wingrove Cooke, A Treatise on the Law of Defamation (London: Owen Rich- ards, 1844), i.
31. Regina v. Ramsay and Foote, (1883)
48 LT
733.
32. Cooke, Treatise, 69.
33.
W. Blake Odgers, A Digest of the Law of Libel and Slander, 2nd ed. (London: Stevens and
Sons, 1887), 468.
34. Odgers, Digest of the Law of Libel, 73.
35.
Colin Manchester, “Lord Campbell’s Act: England’s First Obscenity
Statute,” Journal of Legal History 9, no. 2 (1988): 223–41. For a helpful overview, see also the Lords’ discus- sion of
Whitehouse v. Lemon in
AC 617, HL.
36. Paul Mitchell, “The Foundations of Australian Defamation Law,” Sydney Law Review
28, no. 3 (2006):
477–504.
37. B. N. Mehrotra, Law of Defamation, 2nd ed. (Allahabad: Delhi Law House,
1980), 3.
38.
“Notes,” in A Penal Code Prepared by the Indian
Law Commissioners (Calcutta: G. H. Huttmann,
1837), 84–85, 94–95.
39. Eric Stokes, English Utilitarians and India (Oxford: Clarendon, 1959), 232–33.
40.
See Deana
Heath, Purifying Empire: Obscenity and
the Politics of Moral Regulation in Britain,
India, and Australia (Cambridge,
UK: Cambridge University Press, 2010), 172– 73, as well as A. B. Shah, ed.,
The Roots of Obscenity (Bombay: Lalvani, 1968).
41.
Walter Morgan and Arthur Macpherson, eds., The Indian Penal Code (Act XLV of 1860), with Notes
(Calcutta: G. C. Hay, 1861),
216.
42.
Thomas Barber, Ought Charles
Bradlaugh to Be an MP?, quoted in Edward Royle, Radi- cals, Secularists, and Republicans: Popular
Freethought in Britain, 1866–1915 (Manches- ter, UK: Manchester University Press, 1980), 269–70.
43.
Report of the Maharaj Libel Case (Bombay: Bombay Gazette
Press, 1862), 76. For further discussion, see J. Barton
Scott, Spiritual Despots: Modern
Hinduism and the Genealogies
of Self-Rule (Chicago: University of Chicago Press, 2016), 119–49.
44.
Mr.
Buckingham’s Defence of His Public and Private
Character against the Atrocious Calumnies Contained in a False and Slanderous Pamphlet (Sheffield: John Blackwell,
1832), 112.
45. Parsee Priest Defamation Case
(Bombay: Dorabjee Eduljee Tata,
1870).
46. The Pigot Case: Report of the Case Pigot vs. Hastie (Calcutta, 1884).
47. Mitra Sharafi, Law and
Identity in Colonial South Asia: Parsi
Legal Culture, 1772–1947
(Cambridge: Cambridge University Press, 2013), 276–85.
48.
My
account parallels Walter Donagh, The History
and Law of Sedition and Cognate
Offences (Calcutta: Thacker, Spin,
1911), and Siddharth Narrain, “The Harm in Hate
Speech Laws,” in Sentiment,
Politics, Censorship: The State of Hurt, ed. Rina Ramdev
et al. (New Delhi: Sage, 2016), 39–54. On the continuity of colonial and British sedition law, see Sunny Kumar,
“Is Indian Sedition
Law Colonial: J. F. Stephen
and the Juris- prudence of Free Speech,”
Indian Economic and Social
History Review 58,
no. 3 (2021): 477–504.
49. I repeat the story of Barnes Peacock,
told to Henry Maine in an 1869 letter that James
Stephen read aloud to the governor-general’s council
in 1870. See Abstract
of the Pro- ceedings of the Council of the Governor
General of India,
1870 (Calcutta: Office
of the Superintendent of Government Printing, 1906), 9:371–75, 437–54. The story
seems a little fishy,
as suggested by Aravind Ganachari, Nationalism and Social Reform
in Colo- nial Situation (Delhi: Kalpaz Publications, 2005), 54–57.
50.
For early
criticisms of the Macaulay language, see “Second Report on the Indian Penal
Code,” in Copies of the Special Reports
of the Indian Law Commissioners (London: House
of Commons, 1848), 6. For the 1870 version of 124A, see Fendall Currie, The Penal Code Act XLV of 1860, 5th ed. (London:
John Flack, 1875),
81.
51. Queen-Empress v. Jogendra Chunder Bose and others, (1892) ILR 19 Cal 35.
52. G. K. Roy, Law Relating to Press and Sedition (Simla: Station
Press, 1915), 17–18.
53.
Abstract of the Proceedings of the Council of the Governor General, 451–54. For context, see Julia Stephens, “The Phantom Wahhabi: Liberalism and
the Muslim Fanatic in Mid-Victorian India,” Modern Asian Studies 47, no. 1 (2013): 22–52.
54. W. W. Hunter, The Indian Musalmans: Are They Bound in Conscience to Rebel Against the Queen? (London: Trübner,
1871). For context, see Ilyse Morgenstein-Fuerst, Indian Muslim Minorities and the 1857 Rebellion (London: I. B. Tauris,
2017).
55. ILR 19 Cal. 35. For Tilak, see ILR 22 Bom. 112, as well as Raminder
Kaur, Performative Politics and the Cultures
of Hinduism: Public
Uses of Religion in Western
India (Delhi:
Permanent Black, 2003).
56. Parliamentary Papers:
1850–1908, vol. 63, Papers Relating to Amendments in the Law Relating to Sedition and Defamation (London:
1898), 7.
57. Parliamentary Papers, 9–11.
58. Parliamentary Papers, 12–17.
59. Parliamentary Papers, 15.
60.
Extract from the Legislative Assembly Debates (LAD), Vol. IV,” in National Archives of India (NAI)/Home/Political/1927/F.132/I. I follow the printed pagination, which is organized by date. September 5, 15.
61. Muslim Outlook (Lahore), September 24, 1927, 2.
62. Bhubanananda Das (Orissa), LAD, September 16, 34.
63. Abhyudaya (Allahabad), August 13, 5.
64.
India Office
Records (IOR)/L/PJ/6/1941/F.1513/pp.41, 145; NAI/Home/Political/1928/103; Home/Judicial/1928/195.
65.
Hirday Nath Kunzru (Agra), LAD, September 5, 13; A. Rangaswami Iyengar (Tanjore cum Trichinopoly), LAD, September
16, 1.
66.
Muslim Outlook, May 28, 3; New Times (Karachi), August 8, as extracted in NAI/Home/ Political/1927/132&KW/p.8.
67.
F. P. Walton,
“Libel upon the Dead and the Bath Club Case,” Journal of Comparative Legislation and International Law, 3rd series 9, no. 1 (1927): 1–14; M. R. D. Foot,
The Gladstone Diaries (Oxford: Clarendon, 1968), 1:xxxiii–xxxiv; Anne Isba, Gladstone
and Women (London: Continuum, 2006). For related
Indian cases, see “Libel: Defamation of a Dead Person, Injury to Reputations of Surviving Relatives,” Columbia Law Review 40, no. 7 (1940): 1267–72.
68. Muslim Outlook, May 28, 1927, 3.
69.
Regina v. Ensor, (1887) 3 Times LR 366; David Lieberman, “Mapping Criminal Law: Blackstone and the Categories of English Jurisprudence,” in Law, Crime, and English
Society, 1660–1830, ed. Norma Landau (Cambridge, UK: Cambridge
University Press, 2002), 139–61.
70. Law Notes: A Monthly
Magazine 6, no. 3 (March 1887):
69.
71. A Penal Code, 124.
72. Morgan and Macpherson, Indian Penal Code, 439–40.
73.
Rex v. Gott,
(1922) 16 Cr App R 87 and Freethinker (London),
January 8, 1922, as quoted in David Nash, Blasphemy in Modern Britain (London:
Routledge, 2019), 189–90. See also “Twofold
Aspect of the Law of Blasphemy,” Solicitors’
Journal & Weekly Reporter 66 (July 8, 1922): 629; “Prosecutions for Blasphemy,” Solicitor’s Journal and Weekly Reporter
66 (January 28, 1922): 228.
74. Times (London), January 17, 1922, 4.
75.
See Asad Ali Ahmed, “Paradoxes of Ahmadiyya Identity,” in Beyond Crisis: Reevaluat- ing Pakistan, ed. Naveeda Khan (Delhi: Routledge, 2010), 273–314; Naveeda Khan, Mus- lim
Becoming: Aspiration and Skepticism in Pakistan (Durham, NC: Duke University Press,
2012), 109–16.
PART III
1.
Pamela Kanwar,
Imperial Simla: The Political Culture
of the Raj (Delhi: Oxford Univer-
sity Press, 1990), 156–58, 184, 192, 218–21.
2.
C.
S. Adcock, The Limits of Tolerance: Indian
Secularism and the Politics
of Religious Freedom (New York: Oxford
University Press, 2014). For comprehensive accounts, see Kenneth Jones, Arya Dharm: Hindu Consciousness in Nineteenth-Century Punjab (Berkeley: University of California Press, 1976),
and Satyaketu Vidyālan˙kār
and Haridatt Vedālan˙kār, Ārya Samāj kā
Itihās, 6 vols. (New Delhi: Ārya Svādhyā Kendra, 1982–6).
3.
Bob van der Linden,
Moral Languages from Colonial
Punjab: The Singh
Sabha, Arya Samaj, and Ahmadiyahs (Delhi: Manoher,
2008).
CHAPTER 7
1.
Madan Mohan Seth, The Arya Samaj, a Political Body (Haridwar: Anant Ram Sharma, ca. 1910), 46. For the government’s reception of this story,
see National Archives
of India (NAI)/Home/Political/April 1912/Deposit No. 4/p.17.
2.
For instance, G. R. Thursby, Hindu-Muslim Relations
in British India
(Leiden: Brill, 1975), 9; J. E. Llewellyn, The Arya Samaj as Fundamentalist Movement
(Delhi: Manohar, 1993).
3.
The Aryas
developed a distinct hermeneutic for solving the “riddle” of the Vedas including by reading deity names as common nouns (e.g., agni). See for
instance Jaydev Śarmā
Vidyālan˙kār, “Ved
kī Paheliyām. aur
Unkī Būjh,” Ārya: Ārya Pratinidhi Sabhā Pañjāb kā Māsik Patra (Lahore), May 1924, 6–11.
4.
Munshi Ram and Rama Deva, The Arya Samaj and Its Detractors (Dayanandabad: 1910), 1.
5.
Scholars of the
Arya Samaj often write “Dayananda” as “Dayanand” to reflect its Hindi pronunciation. Here, for the sake of consistency and with
an eye to a nonspecialist readership, I
retain the Sanskritic terminal vowel. The authoritative biography remains
J. T. F. Jordens, Dayānanda Sarasvati: His Life and Ideas (Delhi: Oxford University Press, 1978).
6.
Buddhdev Vidyālan˙kār, “Ved Pracār kī Varttamān Pran.ālī,” Ārya, May 1924, 11–17, at 13.
7.
For
nineteenth-century religion’s sublimation of bureaucracy, see Gauri
Viswanathan, “The Ordinary Business of Occultism,” Critical Inquiry
27, no. 1 (2000): 1–20. For ex- amples of Arya bylaws, see Cār Upaniyamom. kā Sangrah (Meerut: Vidyādarpan.
Yantra- laya, 1887),
and Brahmār.si-deś ke Ārya Samājom. ke Niyam aur Upaniyam (Moradabad: Ārya Bhāskar Yantrālaya, 1897).
8.
Jones, Arya Dharm, 121–24.
9.
Jones, Arya Dharm.
10.
Gyan Prakash,
Another Reason: Science and the Imagination of Modern India (Princeton,
NJ: Princeton University Press, 1999), 86–122.
For the steamboat, see Mahār.si Dayānand Sarasvatī, Satyārth Prakāś (Dehli:
Arya Parivar Yojna, 2007 [1883]), 218–19.
11. See title
page of Jvālāsahāya, Āj Kal ke Sādhuom. kī Kartūt, transliterated by Durga
Prasad (Lahore: Virajanand
Press, 1888). I take the term “archaic modernity” from Banu Subramaniam, Holy Science:
The Biopolitics of Hindu Nationalism (Seattle: Uni- versity of Washington Press, 2019).
12. Christophe Jaffrelot, The Hindu Nationalist Movement in India (New
York: Columbia University Press, 1996); John
Zavos, The Emergence of Hindu Nationalism
in India (New Delhi: Oxford University Press, 2000).
13. Harald Fischer-Tiné, Shyamji Krishnavarma: Sanskrit, Sociology, and Anti-Imperialism
(London: Routledge, 2014).
14. Ruth Vanita, “Whatever
Happened to the Hindu Left,” in Gandhi’s Tiger and Sita’s Smile
(New Delhi: Yoda Press, 2005), 77–88.
15.
Madhu Kishwar, “Arya Samaj and Women’s Education: Kanya Mahavidyala, Jaland- har,” Economic and Political Weekly
21, no. 17 (1986): 9–24;
Sangeeta Sharma, Women’s
Liberation: The Arya Samaj Movement
in India (Jaipur: Rawat, 2010); “Editorial Reflec- tions: The Kanya Gurukla, Dehra Dun,” Vedic Magazine (Haridwar), June 1928, 248–49.
16.
Maia Ramnath, Haj to Utopia: How the Ghadar Movement Charted Global Radical- ism and Attempted to Overthrow the British Empire (Berkeley: University of California Press, 2011); Chris Moffat,
India’s Revolutionary Inheritance: Politics
and the Promise
of Bhagat Singh (Cambridge, UK: Cambridge University Press, 2019).
17.
Lala Hansraj, A Lecture on the Arya Samaj, Delivered on the Occasion of the Last Anni- versary of the Lahore Arya Samaj (Lahore: Arcrbans Press, 1893), 3.
18.
Pan.d.it Vi.sn.udattjī Vakīl Fīrozpur, “Ek Cīnī Āryya se Vārttālāp,” Ārya, October 1924, 21–23.
19.
See J. Barton Scott,
“Pandit Chamupati Goes to Africa:
On World Religions as Global Structures of Feeling” (article in progress).
20.
Dayananda added them while revising the original 1875 version toward what
would become the definitive 1883 edition.
21. Michael Warner, Publics and Counterpublics (Cambridge, MA: Zone, 2002).
22.
Friedrich Kittler, Discourse
Networks: 1800/1900, trans. Michael Metteer (Stanford, CA: Stanford University Press,
1990).
23.
For a study of
this tradition in the present, see David Knipe, Vedic Voices: Intimate Narratives of a Living Andhra Tradition (New York: Oxford University Press, 2015).
24.
André Padoux, Vāc: The Concept of the Word in Selected
Hindu Tantras (Albany: SUNY Press, 1990).
25. Sundar Sarukkai, “Phenomenology of Untouchablity,” Economic and Political Weekly
44, no. 37 (2009): 39–48, at 47.
26.
For such
continuities, see Brian Hatcher, “What’s Become of the Pandit? Rethinking the History of Sanskrit Scholars in Colonial Bengal,” Modern Asian Studies 39, no. 3 (2005): 683–723.
27. J. Barton
Scott, Spiritual Despots: Modern
Hinduism and the Genealogies of Self-Rule
(Chicago: University of Chicago Press, 2016), 144.
28.
John Cort,
“History and Indology as Authoritative Knowledge,” in Trans-Colonial Modernities in South Asia, ed. Brian Hatcher
and Michael Dodson (London: Routledge,
2012), 137–61, at 155.
29. Jeffrey Cox, Imperial Fault Lines: Christianity and Colonial Power in India, 1818–1940
(Stanford, CA: Stanford University Press, 2002), 56.
30.
Jordens, Dayānanda Sarasvati, 39–40; John Robson, Hinduism and Its Relations to Christianity (Edinburgh: Oliphant, Anderson, & Ferrier, 1893), 217–20; Dayānand, Satyārth Prakāś, 229; The Aims, Ideals, and Needs of the Gurukula Vishvavidyalaya Kangri (Kangri: Gurukula
Press, 1914), xxvi. For context, see Arie Molendijk, Friedrich Max Müller and the Sacred Books of the East (Oxford: Oxford University Press, 2016).
31.
For the lantern slides,
see India Office Records (IOR)/L/PJ/6/1899/F.643/March 1925, and the 1923 UP police file cited in
Charu Gupta, Sexuality, Obscenity,
Community:
Women, Muslims, and the Hindu Public in Colonial India (New York: Palgrave, 2002), 264–65.
32. For the gold-letter banner, see Arya Magazine, as quoted in John Campbell Oman,
Indian Life: Religious
and Social (London: T. Fisher Unwin,
1889), 103.
33.
Compare Brannon Ingram, Revival from Below: The Deoband Movement
and Global Islam (Berkeley:
University of California Press, 2018), 22.
34.
For a sample salary of Rs. 50/ month see NAI/Home/Political/April 1912/ Deposit No. 4, “Appendix”/p.6.
35. Jones, Arya Dharm, 47, 120–25.
36.
Sandria Freitag, Collective Action and Community: Public Arenas and the Emergence of Communalism in North
India (Berkeley: University of California Press,
1989), 139–60.
37.
Svāmī Śraddhānand [Munshiram], Kalyān Mārg kā Pathik, in Svāmī Śraddhānand Granthāvalī, ed. Bhavānīlāl Bhāratīya (Delhi:
Govindaram
Hasanand, 1987), 1:162.
38. Śraddhānand, Kalyān Mārg, 187–88.
39. For the rentals, see Śraddhānand, Kalyān Mārg, 105.
40. Oman, Indian Life, 87–120.
41. Oman, Indian Life, 119.
42.
Ved Kunwar, Cho.tā Munh Ba.rī Bāt, ed. Rāmcandra Varmmā (Mathurā: Mathurā Bhū.san. Press, 1896). See also the
companion speech: Shakuntala, Cetāvanī, ed. Rāmcandra Varmmā (Mathurā: Mathurā Bhū.san. Press, 1896).
43. For the Scouts, see Nehru Memorial Museum and Library
(NMML)/Manuscripts/DAV College
Papers/Register F. No. 110/pp.29–30.
44. Chamupati, The Aryan Ideal of Education (Lahore:
Bombay Machine Press, ca. 1927), 7–8.
45. Kumkum Sangari and Sudesh Vaid, eds., Recasting Women:
Essays in Colonial
History
(Brunswick, NJ: Rutgers University Press, 1989).
46. Kunwar, Cho.tā Munh, 1–2.
47.
Torrey Shanks, Authority Figures: Rhetoric and Experience in John Locke’s Political Thought (University
Park: Pennsylvania State University Press, 2014).
48.
Webb Keane, Christian Moderns: Freedom and Fetish in the Mission Encounter (Berke- ley: University of California Press,
2007).
49.
Elizabeth
Pritchard, Religion in Public: Locke’s
Political Theology (Stanford, CA: Stan- ford University Press, 2013).
50.
Michel Foucault,
“Polemics, Politics, and Problematizations,” in The Foucault Reader, ed. Paul Rabinow (New York:
Pantheon, 1984), 381–90.
51. John Durham
Peters, Speaking into the Air: A History of the Idea of Communication
(Chicago: University of Chicago Press, 1999), 33–62.
52. Dayānand, Satyārth Prakāś, 226.
53. Bakhtāvar Sinha, ed., Satyadharmvicār (Kashi: Vedic Press, 1880),
1.
54. Jonardon Ganeri, Philosophy in Classical India (London: Routledge: 2001), 10–15.
55. “Pracārak
Kaisā Hai,” Ārya, May 13, 1945, 4.
56. “Sampādakīya: Jalsā Dharm,” Ārya, May 1924, 43–45.
57. Vidyālan˙kār, “Ved Pracār kī Varttamān Pran.ālī,” 11–17.
58.
Śraddhānand, Kalyān Mārg,
73, 77. Compare Mohinder Singh, “‘A Question of Life and Death’: Conversion, Self, and Identity
in Swami Shraddhanand’s Autobiography,” South Asia: Journal of South Asian Studies 41,
no. 2 (2018): 452–67.
59.
Śraddhānand, Kalyān Mārg, 101. See also J. T. F. Jordens, Swāmi Shraddhānanda: His Life and Causes (Delhi: Oxford University Press, 1981), 17.
60. Chamupati, Glimpses of Dayananda, 2nd ed. (Delhi: Sharada Mandir, 1937), 124.
61.
For entry onto a substantial scholarship, see for instance Arjun
Appadurai, “Number in the Colonial Imagination,” in Modernity at Large: Cultural Dimensions of Globaliza- tion (Minneapolis: University of Minnesota Press, 1996), 114–38;
and Sumit Guha, “The Politics of Identity and
Enumeration in India, c. 1600–1900,” Comparative
Studies in Society and History 45, no. 1 (2003):
148–67.
62.
Arya Patrika (Lahore), September 23, 1890, 1–2; NAI/Home/Public/1931/F.45/154/p.2.
For context, see Kenneth Jones, “Religious
Identity and the Indian Census,” in Census in British India: New Perspectives, ed. N. Gerald Barrier (Delhi: Manohar, 1981), 73–102.
63. Hansraj, Lecture on the Arya Samaj, 19.
64. Muslim Outlook (Lahore), September 25, 1927 1.
65.
Lehkram, Dharm-Pracār, trans. Śānti Prakāś
(Lucknow: Arya Upapratinidhi Sabha, 1975).
66.
Rosalind O’Hanlon, “Narratives of
Penance and Purification in Western India, c.1650–1850,” Journal of Hindu Studies
2, no. 1 (2009): 48–75.
67.
See James Reid
Graham, “The Arya Samaj as a Reformation in Hinduism with Special Reference to Caste” (PhD diss., Yale University,
1943); R. K. Ghai, Shuddhi Movement in India (New Delhi: Commonwealth Publishers, 1990);
Ramnarayan Rawat, Reconsider- ing Untouchability: Chamars and Dalit History in North
India (Bloomington: Indiana University Press, 2011), 120–54; Adcock, Limits of Tolerance, 115–42; Joel Lee, Deceptive Majority: Dalits, Hinduism, and Underground Religion (Cambridge,
UK: Cambridge University Press, 2021),
77–120.
68.
Singh Sahai Punjab Gazette (Amritsar) June 30, 1903, Selections from the Native News- papers Published in Punjab (henceforth SNNP), 167, in IOR/L/R/5/187.
69.
Anshu Malhotra, “The Body as Metaphor for the Nation,” in Rhetoric and Reality: Gen- der and the Colonial Experience in South Asia, ed. Avril Powell and Siobhan Lambert- Hurley (Delhi:
Oxford University Press, 2006), 121–53.
70.
“Pañjāb Dayānand
Dalitoddhār Man.d.al kā Kārya,” Ārya, June 1926, 16–17. On gender and Arya Dalit conversion, see Charu Gupta, “Intimate
Desires: Dalit Women and Religious Conversions in Colonial India,” Modern Asian Studies
73, no. 3 (2014): 661–87.
71.
Amardeep Singh,
“Swami Acchutanand and the Rise of Dalit
Consciousness,” E-Journal of Dalit Literary
Studies 2, no. 3 (2013):
56–69, at 61.
72.
NMML/DAV College
Collection/Proceedings/Register F. No. 111, “Report of the Daya- nand Anglo-Vedic College Society
for 1927–28,” pp. 103–4.
73. Bharat Pratap (Jhajjar), May 1903, SNNP,
182, IOR/L/R/5/187.
74. Al Fazl (Qadian), October 30, 1923, SNNP, 597, IOR/L/R/5/204.
75.
Nicholas
Goodrick-Clarke, Hitler’s Priestess:
Savitri Devi, the Hindu-Aryan Myth, and Neo-Nazism (New York: NYU Press, 2000).
76. Arjun Appadurai, Fear of Small Numbers (Durham, NC: Duke University Press, 2006).
77.
Swami Shraddhananda, Hindu Sangathan: Saviour of the Dying Race (Delhi: Arjun Press, 1926).
78. “The Arya Samaj,” in Papers
for the Thoughtful, No. 2, ed. Lala Jivan Das (Lahore: Punjab
Printing Works, 1902), 2.
79. Scott, Spiritual Despots, 166–73.
80.
Lalla Ralla Ram, ed., The Rules and the Scheme of Studies of the Gurukula, Sanctioned by the Arya Pratinidhi Sabha, Punjab (Lahore:
Punjab Printing Works, 1902), 11–12.
81. Chamupati, The Ten Commandments of Dayananda (Lahore: Rajpal, Arya Pustakalaya,
ca. 1927), 119. For parallel rhetoric, see Chamupati,
Aryan Ideal, 1.
82.
T.hākurdās Mūlrāj Osvāl, Dayānand Sarasvatī
Mukh Cape.tikā (Mumbai: Jagdīśvar
Yantrālaya, 1882); Sītārām,
Tīrthanindak Mukhcape.tikā
(Kapur: Ramik Yantrālaya, 1891). For the other titles, see Gerald Barrier
Collection, Center for Research Libraries (Chicago).
83.
See, for instance, Appaya Dīk.sita’s Madhvatantramukhmardana and Vijaya Rāmācārya’s Pākhan.d.acape.tikā, as discussed in Jonathan R.
Peterson, “Polemics and Power in Early
Modern South Asia, 1550–1700” (PhD diss., University of Toronto, 2021).
84. Arya Gazette
(Lahore), August 3, 1905,
ostensibly quoting Al Bashir
(Etawah),
SNNP, 222, in
IOR/L/R/5/188.
85. On desecration and ritual pollution, see for instance
Kajri Jain, “Taking
and Making Offence: Hussain
and the Politics
of Desecration,” in Barefoot
across the Nation:
Maq- bool Fida
Husain and the Idea of India, ed. Sumathi Ramaswamy (London: Routledge, 2011), 208.
86. NAI/Home/Political/September 1915/B/pp.205–7; IOR/L/PJ/6/1401.
87. Terry Eagleton, The Ideology
of the Aesthetic (Oxford: Blackwell, 1990), 13.
88. Gupta, Sexuality, Obscenity.
89.
See Lee, Deceptive
Majority. For the caste-based distribution of the sensible,
see Kajri Jain, Gods in the Time of Democracy
(Durham, NC: Duke University Press,
2021).
90. Usha Sanyal,
Devotional Islam and Politics
in British India:
Ahmad Riza Khan Barelwi and His Movement, 1870–1920
(New York: Oxford University Press, 1996), 96. See, for instance, Bawa Arjan Singh,
Mela Chandapur (Lahore: Arya Printing,
Publishing, and General
Trading, n.d.).
91. Frank Conlon, “The Polemic Process in Nineteenth Century
Maharashtra: Vishnubawa Brahmachari and Hindu Revival,” in Religious
Controversy in British India, ed. Kenneth Jones (Albany: SUNY Press, 1992), 5–26, at 15–19.
92. Gupta, Sexuality, Obscenity, 97.
93. Kenneth Jones, “Sources for Arya Samaj History,” in Sources on Punjab History, ed.
W. Eric Gustafson and Kenneth Jones (Delhi: Manohor, 1975), 130–218, at 144.
94. Arya Patrika, July 11, 1885, 7, and July 18, 4.
95. Scott, Spiritual Despots, 150–76.
96. “Vigyāpan: Thiyosophis.tom. kī Golmāl Polpāl,” in R.s.i Dayānand Sarasvatī kā Patra- Vyavahār aur Vigyāpan, ed. Bhagavad Datt, Māmarāj Ārya, and Yuddhis..thara Mīmāmsaka (Sonipat: Ramlal Kapur Trust, 1996), 2:675–81.
97. Dayānand, Satyārth Prakāś, 413–15.
Notes to pages 161–167 271
98. Dayānand, Satyārth Prakāś, 442, 461.
99.
For a list of anti-pope Arya tracts from the 1880s and ’90s, see Jones, Arya Dharm, 110, no. 51, and Jones, “Sources for
Arya Samaj History,” at 144–45. Sanatanists countered by referencing the term in their defenses
of texts like the Tulsidas
Ramayan, as in
Chavirām Dhenusevak, Alaulikakmālāmardan (Etawah:
Brahm Press, 1911), 41.
100.
Jagganāth Dās, Ārya-Praśnottarī (Shahjahanpur: Ārya Darpan.
Press, 1882), 16; Arya Gazette (Lahore), June 28, 1906,
SNNP, 180, in IOR/L/R/5/188.
101. Girvar Sinha, Pop-Pradīp (Agra: Macchu Khan, 1889); Bābūrām Śarmā, Īsāī Līlā
(Lakhīmpur Khīrī, Avadh: Hindī Prabhā Press, 1895), 3.
102. Śraddhānand, Kalyān Mārg, 75.
103. Dayānand, Satyārth Prakāś, 474–75.
104. Śraddhānand, Kalyān. Mārg, 132.
105. Sanatan Dharm Gazette (Lahore), April 3, 1904, SNNP, 82, in IOR/L/R/5/187.
106. Chamupati, Glimpses, 117.
107. NAI/Foreign and Political/Internal/1926/Nos. 557 (41)-I.
108. NAI/Political/Central India Agency/ F.92-A/1938.
109.
Pandit Manasārāmjī, Mere Pacchīs Min.a.t (Bhiwani: Ambika Printing Works, ca. 1936), 14.
110. Elizabeth Kolsky, Colonial Justice
in British India: White
Violence and the Rule of Law
(Cambridge, UK: Cambridge University Press, 2009).
111.
Tribune (Lahore), November 2, 1911, in NAI/Home/Political/December 1911/Part B/ Nos. 19–20.
112. NAI/Home/Political/April 1912/Deposit/No. 4/Appendix/p.6.
CHAPTER 8
1.
Quoted in C. S. Adcock, “Violence, Passion, and the Law: A Brief History
of Section 295A and Its Antecedents,” Journal of the American Academy of Religion 84,
no. 2 (2016): 343–44.
2.
For law’s religion, see Benjamin Berger,
Law’s Religion: Religious Difference and the Claims of Constitutionalism (Toronto: University of Toronto Press, 2015); Winnifred
Fallers Sullivan, The
Impossibility of Religious Freedom (Princeton, NJ: Princeton University Press, 2018). For
religion’s law, see for instance Isaac Weiner, “The Corpo-
rately Produced Conscience: Emergency
Contraception and the Politics of Workplace Accommodations,” Journal of the American Academy
of Religion 85,
no. 1 (2017): 31–63.
3.
Sat Dharm Pracharak (Jullunder), December 2, 1904, Selections from the Native News- papers
Published in Punjab (henceforth SNNP), 290, India Office Records (IOR)/ L/R/5/187. On the longer history
of sex, class, and nagar-kirtan as eruptively “public” worship, see Varuni Bhatia,
Unforgetting Chaitanya: Vaishnavism and Cultures
of Devo- tion in Colonial Bengal (New York: Oxford University Press, 2017), 78–84.
4.
C.
S. Adcock, The Limits of Tolerance: Indian Secularism and the Politics
of Religious Freedom
(New York: Oxford University Press, 2014).
5.
Akhil Gupta, Red Tape: Bureaucracy, Structural Violence, and Poverty in India (Dur- ham, NC: Duke University Press, 2012), 208.
6.
Bhavani Raman, Document Raj: Writing and Scribes in Early Colonial South India (Chicago: University of Chicago Press, 2012); Tania
Sengupta, “Papered Spaces: Cleri- cal Practices,
Materialities, and Spatial Cultures of Provincial Governance in Bengal,”
Journal of Architecture 25,
no. 2 (2020): 111–37.
7.
Gauri Viswanathan, “The Ordinary Business
of Occultism,” Critical Inquiry
27, no. 1 (2000): 1–20.
8.
Indar (Lahore), January 1909, SNNP, 137–39, IOR/L/R/5/190.
9.
On the disarticulation of the Crown
from colonialism, see Mithi Mukherjee, India in the Shadows of Empire (New York: Oxford University Press, 2011).
10. Compare Matthew Hull,
Government of Paper: The Materiality of Bureaucracy in Urban
Pakistan (Berkeley: University of California Press, 2012).
11.
See J. Barton Scott,
“Aryas Unbound: Print Hinduism and the Cultural
Regulation of Religious Offense,” Comparative Studies of South Asia, Africa, and the Middle East 35, no. 2 (2015): 294–309.
12. Mahār.si Dayānand Sarasvatī, Satyārth Prakāś (Dehli: Arya Parivar Yojna, 2007), 8, 226, 434.
13.
Smith and Frere, Solicitors High Court, to Pandit Dyanund Surswatee swamee [sic],
June 13, 1882, in Dayānand Sarasvatī Mukh Cape.tikā,
by T.hākurdās Mūlrāj
Osvāl (Mum- bai: Jagdishvar Press, 1882), 41–43;
and Yudhi.s.thir
Mīmām. sakah., ed., R.s.i
Dayānand Sarasvatī ke Patra
aur Vigyāpan, 4th ed. (Sonipat: Ramlal
Kapur Trust, 1996),
2:704–5.
14. T.hākurdās, Dayānand, 44–46.
15. Dayananda Sarasvati to Munśī Samarthdān, August 29, 1882, in Mīmām.sakah., Patra aur Vigyāpan,
738–39.
16.
Chiranjiva Bharadwaja, Light of Truth, 3rd ed. (Lahore:
Satya Vrata Bharadwaja, 1927 [1906]), iii; Durga Prasad, An English
Translation of the Satyarth Prakash
(Lahore: Vira- janand, 1908), 66.
17. Dayānand, Satyārth Prakāś, 301–6; J. T. F. Jordens, “Dayananda and Karsondas Mulji,” in Dayananda
Sarasvati: Essays on His Life and Ideas (New Delhi:
Manohar, 1998), 140–62.
18. See J. T. F. Jordens, Dayānanda Sarasvati: His Life and Ideas (Delhi:
Oxford University Press, 1978), 190–93; John
Cort, “History and Indology as Authoritative Knowledge,” in Trans-Colonial Modernities in South Asia, ed. Brian Hatcher and Michael Dodson (London:
Routledge, 2012), 137–61; and John Cort, “Jain Identity and the Public Sphere in Nineteenth-Century India,” in Religious Interactions in
Modern India, ed. Vasudha Dalmia and Martin Fuchs (New Delhi: Oxford University Press, 2019), 99–137.
19. T.hākurdās, Dayānand, 3–7.
20. T.hākurdās, Dayānand, 8–10.
21. T.hākurdās, Dayānand, 14–16.
22. T.hākurdās, Dayānand, 30.
23. Michael Warner, Publics and Counterpublics (Cambridge, MA: Zone, 2002).
24.
Compare Hussein
Ali Agrama, Questioning Secularism: Islam, Sovereignty, and the Rule of Law in Modern Egypt (Chicago: University of Chicago Press, 2012).
Notes to pages 172–177 273
25. J. Barton
Scott, Spiritual Despots: Modern
Hinduism and the Genealogies of Self-Rule
(Chicago: University of Chicago Press, 2016), 150–76.
26. Muslim Outlook (Lahore), July 19, 1927, 7.
27.
Shiv Narayan
Agnihotri, Pandit Dayanand Unveiled: Part
I (Lahore: Tribune Press, 1891). For more on the trope of imposture, see J. Barton Scott, “Miracle
Publics: The- osophy, Christianity, and the Coulomb Affair,” History of Religions 49, no. 2 (2009): 172–96.
28. Arya Patrika (Lahore), July 1, 1890, 1.
29. On the relation between these newspapers, see Muslim Outlook, July 30, 1927, 6.
30.
Judgment
in P. Gopi Nath Complainant against (1) Lala Munshi Ram, (2) Lala Wazir Chand, and (3) Lala Basti Ram Accused (Haridwar: Sat Dharma Pracharak Press, ca. 1901). For the articles, see Mahāsáy Munśīrām Jigyāsu, Satyadharmpracārak par Pahilā Mānhāni kā Abhiyog Jismem.
Pandit Gopīnāth ke Pablik Jīvan kā Gupt Bhed Svayam
hī Khul Gayā (Ajmere: Vedic Press,
1901), 134–41.
31. Judgment in P. Gopi Nath, 8, 23.
32. Judgment in P. Gopi Nath, 6–7.
33.
Munśīrām,
Satyadharmpracārak;
Mahāshe Munshī Rām Jigyāsu, Satya Dharm Pracārak par Pahelā Lāībal Kes Jismem. Pan.d.it Gopīnāth kī Mukamal Pablik Lāīf kā Rāz Khūdbakhūd Khul Gayā (Jullunder: Satya Dharm Pracharak, 1901).
34. Munśīrām, Satyadharmpracārak, 2, 30.
35. Munśīrām, Satyadharmpracārak,
24.
36. National Archives of India (NAI)/Home/Political/B/May 1911/p.64.
37.
Complete Judice
File of Shriman Amar Singh,
Complainant of Dev Samaj, versus
Maha- shay Dharmpal, Accused of Arya Samaj (Lahore, ca.
1909).
38.
Kenneth Jones,
Socio-Religious Reform Movements in
British India (Cambridge, UK: Cambridge University Press, 1990), 103–6.
39. Complete Judice File, 35, 43.
40.
For Dharmpal’s biography, see Ali Usman Qasmi, Questioning the Authority of the Past: The Ahl al-Qur’an Movements in the Punjab (Karachi: Oxford University Press, 2011), 122–25; Adcock,
Limits of Tolerance, 132–38.
41. Mahāśay Dharmpāl, Tark Islām (Calcutta: Vedic Press, 1935), 3–8, 43–45, 74–75.
42. Complete Judice File, 6.
43. Complete Judice File, 38–40.
44.
Dominic Janes, “The Confessional Unmasked: Religious Merchandise and
Obscenity in Victorian England,” Victorian
Literature and Culture
41, no. 4 (2013): 677–90.
On the Hicklin test in India, see Deana Heath, Purifying
Empire: Obscenity and the Poli-
tics of Moral Regulation
in Britain, India, and Australia (Cambridge, UK: Cambridge
University Press, 2010), 105, 171.
45.
For the trial, see “The Obscene
Literature Case,” Arya Patrika, July 1, 1890,
2–3 (reprinted
from Civil and Military
Gazette), and Kitāb Dayānandioņ kī Muśkilāt (Lahore, 1890).
46.
Jvālāsahāya, Āj Kal ke Sādhuom. kī Kartūt, transliterated by Durga Prasad (Lahore: Virajanand
Press, 1888).
47.
This detail
comes from Denzil Ibbetson’s recollection during a 1905 Arya obscenity scandal
about a similar case fifteen years earlier. As Ibbetson was in Punjab at that
time, it seems probable that the earlier
case was Empress v. Arya Samaj. See
NAI/Home/ Public/May
1905/A/23–4. I have relied on Professor Deana Heath’s notes for this file, as
it was deemed too brittle for consultation at
the time of my research; I thank her for her collegial generosity. For the 1905 case, see also NAI/Home/Public/August
1905/A/185.
48. “The Obscene Literature Case,” 3.
49.
Judgment, Showing How an Updeshak of the Sanatan Hindu Dharm Sabha Who Wanted to
Poison the Ears of the Authorities against
the Arya Samaj Was Punished
(Haridwar: Satya Dharm Pracharak Press,
1902), 3.
50. IOR/L/PJ/6/1401.
51.
Munshi Ram and
Rama Deva, The Arya Samaj and Its
Detractors (Dayanandabad, 1910), i.
52. Munshi Ram and Rama Deva, Arya Samaj and Its Detractors.
53. Lord Minto to John
Morley, March 5, 1907, IOR/MssEur/D573/p.11.
54. IOR/L/PJ/6/949/F.2457.
55. IOR/L/PJ/6/1261/F.3015.
56.
[Edmund Candler], Siri Ram,
Revolutionist: A Transcript from Life, 1907–1910 (London: Constable, 1912).
57. Candler, Siri Ram, 487.
58.
NAI/Foreign and
Political/Internal/March 1919/Deposit/Progs. No. 52. For context, see Ian Copland, “The Maharaja of Kolhapur and the
Non-Brahmin Movement, 1902–10,” Modern Asian
Studies 7, no. 2 (1973):
209–25; Christoph Jaffrelot, Dr. Ambedkar
and Untouchability (New York: Columbia University Press, 2005), 28–29.
59.
NAI/Foreign/Internal/July 1907/B/Nos. 447–49.
60. Munshi Rama and Rama Deva,
Arya Samaj and Its Detractors.
61. NAI/Foreign and Political/Internal/July 1919/B/Progs/Nos. 561–82.
62.
NAI/Foreign and Political/External/1926/F. No. 157; NAI/Foreign and Political/ External/1933/F. No. 216.
63.
Faiz Ahmad, Afghanistan Rising: Islamic Law and Statecraft between the Ottoman and British Empires (Cambridge, MA: Harvard University Press, 2017).
64. IOR/R/1/1/223/Foreign/Secret-I/Progs/June 1899/Nos. 13–7.
65.
IOR/R/1/1/223/Foreign/Secret-I/Progs/June 1899/Nos. 13–7.
66.
Spencer Lavan, The Ahmadiyah Movement (Delhi: Manohar, 1974); Yohanan Fried- mann, Prophecy Continuous: Aspects of Ah.madī Religious
Thought and Its Medieval
Background (Berkeley: University of California Press, 1989).
67.
Mirza Ghulam
Ahmad, Barāhīn-e-Ah.madiyya:
Parts I and II (Islamabad: Islam Inter- national Publications, 2012), 109.
68.
Mirza Ghulam Ahmad, Barāhīn-e-Ah.madiyya, 85.
69.
NAI/Foreign/Secret/1891/F/Progs./Nos. 70–1.
70.
Munśirām, Ārya Pathik Lekhrām (Haridwar: Gurukul Press, 1914), 193–96.
71.
NAI/Foreign/Secret/1891/F/Progs./Nos. 70–1.
72.
NAI/Foreign/Secret/1891/F/Progs./Nos. 70–71/September/pp.1–3.
Notes to pages 186–190 275
CHAPTER 9
1.
Śrīyut Devendranāth Mukhopādhyāy, Dayānandcarit, trans. Śrī Bābū Ghāsīrām
(Meerut: Bhasker Press, 1912), 334; J. T. F.
Jordens, Dayānanda Sarasvati: His Life and Ideas (Delhi:
Oxford University Press, 1978), 236–37. For an expanded discussion of select material in this chapter, see J. Barton
Scott, “Unsaintly Virtue: Swami Dayananda Saraswati and Modern Hindu Hagiography,” Journal of Hindu Studies
7, no. 3 (2014):
371–91.
2.
Lajpat Rai, Collected
Works of Lala Lajpat Rai, ed. B. R.
Nanda (New Delhi: Manohar, 2003), 1:270–71.
3.
“Autobiography
of Dayanand Saraswati, Swami,” The
Theosophist 1, no. 1 (October 1879): 9–13; The Theosophist 1, no. 3 (December 1879): 66–68; The Theosophist 2, no. 2 (November
1880): 24–25.
4.
Jordens, Dayānanda, 20.
5.
Satyaketu Vidyālan˙kār, and Haridatt Vedālan˙kār, Āryasamāj kā Itihās (New Delhi: Ārya Svadhyāya Kendra, 1982),
1:187–90; Jordens, Dayānanda,
xiii–vii.
6.
Śrī Śītalprasādjī
Vaidya, ed., Śrīmaddayānanad Citrāvalī
(Calcutta: Vaidik Pustakālaya, 1925), ii; cf. Kenneth W.
Jones, “Arya Samaj in British India, 1875–1947,” in Religion in Modern India, ed. Robert Baird, 2nd ed. (New Delhi: Manohar, 1989), 27–54.
7.
Robin Rinehart, One Lifetime, Many Lives: The Experience of Modern Hindu Hagiog- raphy (Atlanta:
Scholars Press, 1999); Timothy Dobe, Hindu Christian
Faqir: Modern Monks, Global Christianity, and Indian Sainthood (New York:
Oxford University Press, 2015), 182–257.
8.
Mukhopādhyāy, Dayānandcarit, 5.
9.
Akhilānanda Śarmmā, Dayānanddigvijayam:
Mahākāvyam (Allahabad: Indian Press, 1910), 10–12; Candrakavi Varman, Dayānand Caritra: Janm Prakaran., arthāt Śrī 108 Mahārs.i Svāmīdayānandjī
Sarasvatī Mahārāj
kā Jīvancaritra Varttamān Dohā Lāvnī Ghazalādi Cāl mem. (Meerut: Globe Printing Works, 1916); K.r.sn.a, Śrīsvāmī Dayānand Sarasvatījī
kā Jīvan Caritra, 2 vols. (Delhi: Śrīmatī
Vidyāvatī, 1924–25).
10.
Sudarśan,
Dayānand-Nā.tak, arthāt Mahārs.i Svāmī Dayānandjī Mahāraj
kā Pavitra Jīvan (Lahore: Punjab Printing Works, 1917), 5–7.
11.
Gosvāmī Yadukulbhū.san. Śāstrī,
Dayānand aur Śivrātri
kā Cūhā (Lahore:
Bombay Machine Press, 1929), 7.
12.
Kajri Jain, Gods in the Bazaar: The Economies of Indian Calendar
Art (Durham, NC: Duke University Press, 2007); Sumathi Ramaswamy, The Goddess and the Nation: Map- ping Mother
India (Durham, NC: Duke University Press, 2009).
13. My thanks to Kajri Jain for several of the ideas in this paragraph.
14. Durga Prasad, A Triumph
of Truth: Being an English
Translation of Satya
Dharm Vichar
(Lahore: Virajanand Press, 1889), 48, 41.
15. I thank Kajri Jain for the idea of “two-way traffic.”
16.
Pan.d.yā Mohanlāl Vi.sn.ulāl, Svāmījī Śrī 108 Śrī Dayānandjī Sarasvatī kā Gurūtva vā Ācāryatva (Meerut: Svāmiyantrālaya, 1901).
17. Hariścandra Vidyālan˙kār, Ārya Samāj kā Itihās (Delhi: 1949), 54.
18.
Sivanandan Prasad Kulyar, Swami Dayanand Saraswati: His Life and Teachings (Madras: Ganesh, ca. 1914),
147.
19. Lājpat Rāy, Mahars.i Svāmī Dayānand Sarasvatī aur Unkā Kām, trans. Gopāldās Devgun. Śarmmā (Lahore: Punjab
Economical Yantrālay, 1898); Bawa Chhajju Singh, Life and Teachings of Swami Dayanand Saraswati, 2nd ed. (New Delhi: Jan Gyān Prakāshan, 1971 [1903]).
20. Varman, Dayānand Caritra, 4–5. Compare Santrām, Dayānand (Prayāg: Indian Press,
1930), 6.
21. Sudarśan, Dayānand-Nā.tak,
16–23.
22. Śāstrī, Dayānand aur Śivrātri kā Cūhā, 7.
23. Prospectus of the Gurukul
Mahavidyalaya (Haridwar: Saddharma Pracharak Press, 1911), 48; J. T. F. Jordens,
Swāmi Shraddhānanda: His Life and Causes
(Delhi: Oxford University
Press, 1981), 158–59.
24. Ārya: Ārya Pratinidhi Sabhā Pañjāb kā Māsik Patra (Lahore), May 1924, 45.
25.
National Archives
of India (NAI)/Foreign and Political/1925/30. For Brahmo Samajis being excused
from work to celebrate their society’s annual festival, see NAI/Home/
Public/1883/May/81–82, and Home/Public/1883/ September/188&189.
26. Nehru Memorial Museum and Library
(NMML)/Manuscripts/DAV College Collec- tion/Register F.110/p.150; Vedic Magazine (Haridwar) March 1925, 56–59; Leader (Alla- habad), February
16–26, 1925, and April 2, 1925, as quoted in Jordens, Swāmi Shrad- dhānanda, 158–59.
27. Pandit Nardev Vedalankar and Manohar Somera, Arya Samaj and Indians Abroad
(New Delhi: Sarvadeshik Arya Pratinidhi Sabha, 1975), 106, 68.
28. NMML/Manuscripts/DAV College Collection/Register F.110/pp.121, 150, 167–70.
29.
Ārya, November 1924, 38–39. See also Ārya, November 1924, 11–13; Jyoti (Delhi), Febru- ary 1924, 555–56.
30.
Dharmdev Siddhāntālan˙kār,
“Vaidik Sabhyatā ke Punarūddhārak R..si Dayānand,” Vai- dik Dharm, February
1925, 61–63.
31. NMML/Manuscripts/DAV College Collection/Register F.111/p.63, and F.110/p.150.
32. For
this
polemic context, see G. R.
Thursby, Hindu-Muslim Relations in British India
(Leiden: Brill, 1975), 40–44.
33.
Vedic Magazine, October 1923, 956–63; Chamupati, Glimpses of Dayananda, 2nd ed. (Delhi: Sharada Mandir, 1937 [1925]).
34.
Svatantrānand, Āryya Samāj ke Mahādhan (Delhi: Sārvadeśik Ārya Pratinidhi Sabhā, 1948), 165.
35. Indra Vidyāvācaspati,
Āryasamaj kā Itihās, vol. 2 (Delhi:
Sarvadeshik
Arya Pratinidhi
Sabha, 1957), 167, as cited in Richa Raj, “A Pamphlet and Its (Dis)contents: A Case Study of Rangila Rasul,” History and Sociology of South Asia 9, no. 2 (2015):
146–62.
36. Rājendra, “Sampādakīya,” Ārya, January 1926, 46.
37.
[Camupati], Rangīlā Rasūl: Mūl
Pustak Urdu kā Hindī Rūpāntar, ed. Baldev Śarma
(Banaras: Baldev Sharma,
ca. 1927).
38. The only one of these hagiographies that I have found a copy of is Satyānand,
Śrīmaddayānand-Prakāś (Mumbai: Vaibhav Press, 1918).
39. Wilfred Cantwell Smith, Modern Islam in India (Lahore: Muhammad Ashraf, 1963
Notes to pages 195–196 277
[1943]), 65. For Smith’s biography, see
Ellen Bradshaw Aitken and Arvind Sharma, eds., The Legacy
of Wilfred Cantwell
Smith (Albany: SUNY Press, 2017).
40.
Smith, Modern Islam, 65, 334; Annemarie
Schimmel, And Muhammad Is His Messenger (Chapel Hill: University of North Carolina Press, 1985), 233, 241;
Annemarie Schimmel, “The Golden Chain of ‘Sincere Muhammadans,’” in The Rose and the Rock, ed. Bruce Lawrence (Durham, NC: Duke University Program in
Comparative Studies on South- ern Asia, 1979), 104–34.
For a recent study, see Adil Mawani,
“Devotion in Colonial Islam: Representations of Muhammad in Urdu Sira, 1842–1914” (PhD diss., University of Toronto,
2021).
41. Tarif Khalidi, Images of Muhammad (New
York: Doubleday, 2009), 17–18.
42.
Kecia Ali, The Lives of Muhammad (Cambridge, MA: Harvard University Press,
2014), 2.
43. Prabhat Kumar, “Colonialism, Modernity, and Hindi Satire in the Late 19th Century,”
Zeitschrift für Indologie und Südasienstudien 28 (2011): 1–25.
44. Jagannāthdās, Muhammad Jīvan Caritra
(Moradabad: Sudarshan Press, 1887).
45.
William Muir, The Life of Mahomet from Original Sources
(London: Smith, Elder,
1878), 526–35.
46.
Fazlur Rahman,
“Sirat al-Nabi of ‘Allama Shibli
Numani,” Journal of the Pakistan His- torical Society 8,
no. 1 (1960): 2–18, at 3–4.
47.
Christopher Shackle and Javed Majeed, introduction to Hali’s Musaddas: The Flow and Ebb of Islam (Delhi: Oxford University Press, 1997), 1–87, at 76–79. On late colonial akhlaq literature, see Margrit Pernau, Emotions and Modernity in Colonial India (New
Delhi: Oxford University Press, 2019).
48. Ali, Lives of Muhammad,
169–72.
49. NAI/Home/Judicial/1928/794.
50.
Ishita Pande,
“Loving Like a Man: The Colourful Prophet, Conjugal
Masculinity, and the Politics
of Hindu Sexology
in Late Colonial
India,” Gender & History
29, no. 3 (2017):
675–92; Charu Gupta, Sexuality,
Obscenity, Community: Women, Muslims, and the Hindu Public
in Colonial India
(New York: Palgrave, 2002).
51.
Mrinalini Sinha,
Specters of Mother India: The Global
Restructuring of an Empire (Dur- ham, NC: Duke University Press, 2006).
52.
Ārya, October 1926, 39; Rāmparīks.ā (Ludhiana: Ludhiana Mission Press,
1867), 4; Gose- vak Pan.d.it Jagat Nārāyan., Muhammad Parīks.ā (Banaras: Śrīkāśyāmamarantrālaya, 1888).
53.
Lata Mani, Contentious Traditions: The Debate on Sati
in Colonial India (Berkeley: Uni- versity of
California Press, 1998).
54.
In effect,
my argument here rereads Lata Mani via Eve Kosofsky
Sedgwick, Between Men: English Literature and Male
Homosocial Desire (New York: Columbia University Press, 2015). For a different development of the same move, see J. Barton
Scott, Spiritual Despots: Modern Hinduism and the Genealogies of Self-Rule (Chicago: University of Chicago Press, 2016), 136–44.
55.
Lala Hansraj, A Lecture on the Arya Samaj, Delivered on the Occasion of the Last Anni- versary
of the Lahore Arya Samaj (Lahore: Arcrbans,
1893).
56. Mrinalini Sinha, Colonial Masculinity: The “Manly Englishman” and the “Effeminate
278 notes to pages 197–198
Bengali” in the Late Nineteenth Century (New York: Manchester University Press, 1995); Peter van der Veer, Imperial Encounters: Religion and Modernity
in India and Britain
(Princeton, NJ: Princeton University Press, 2001), 83–104.
57. Compare Srinivas Aravamudan, Guru English:
South Asian Religion
in a Cosmopolitan Language (Durham, NC: Duke University Press, 2005).
58. Chamupati, Glimpses, 71–72, 93.
59.
Afzal Iqbal, ed., My Life: A Fragment:
An Autobiographical Sketch of Maulana
Mohamed Ali (Lahore: Shaikh Muhammad Ashraf, 1942), v–vi.
60.
Maulana Muhammad Ali, Muhammad the
Prophet (Columbus, OH: Ahmadiyya Anju- man Isha’at Islam,
1993 [1924]), 164, 178, 187.
61.
Syed Ameer Ali, The Spirit of Islam: A History of the Evolution and Ideals of Islam, with a Life of the Prophet (London: Chatto & Windus,
1964 [1922]), 1.
62. Ameer Ali, Spirit, 1, 223.
63. Ameer Ali, Spirit, 240.
64.
For the ethical
turn, see Shruti Kapila, “Self, Spencer, and Swaraj: Nationalist Thought and Critiques of Liberalism, 1890–1920,” Modern Intellectual History 4, no. 1
(2007): 109–27. For life writing, see David Arnold and Stuart Blackburn, eds., Telling Lives in India (Delhi: Permanent Black,
2004); Javed Majeed, Autobiography,
Travel, and Post- national Identity (New York: Palgrave, 2007); Vinayak Chaturvedi, “A Revolutionary’s
Biography: The Case of V. D.
Savarkar,” Postcolonial Studies 16,
no. 2 (2013): 124–39; and Shinjini Das, “Biography and Homeopathy in Bengal,” Modern Asian Studies 49,
no. 6 (2015): 1732–71.
65.
Śivnārāyan.
Dvivedī, Rājā Rāmmohan Rāy: Brahmsamāj ke Pravarttak Mahāpurus. kā Jīvan Carit (Calcutta:
Haridas, 1917); Śivnārāyan. Dvivedī, Kolambas: Amerikā ke
Āvis.kartā kā Jīvancarit (Bombay: Hindi Granthratnākar Karyālaya, 1917); Sampūr- n.ānand, Mahārāj Chhatrasāl (Banaras: Shrilakshminarayan Press, ca. 1917); Śītalā- caran. Vājpeyī, Deśbhakt Lālā Lajpatrāy kā Jīvan Carit (Prayag: Om. kār Press, 1918); Sūryarām Someśvar Devāśrayī, Mahādev Govind
Rānad.e, trans. Jīvanśan˙kar Yāgyik and Kedārnāth
Bhatt (from Gujarati) (Prayag: Indian Press, 1918); Dan Breen, Merī Ātmākathā, trans.
Bhagat Singh (N.p.: n.p., 1931).
66.
Dayācandra Goyalīya, Sītācarit (Lucknow:
Jain Press, 1914); Adhyāpak Zahūrbakś,
Ārya Mahilā-Ratna: Terah Vīr-Vidus.i Ārya-Mahilāom. ke Sacitra Jīvan-Caritra (Kol- kata: Varman Press, ca. 1925). The introduction mentions
a companion volume, Muslim-Mahilā-Ratna.
67. T.hākur Prasād Śāh, Sam. ks.ipt Jīvan V.rtānt, arthāt Dharmvīr Svargvāsī Pan.d.itvar
Lekhrām jī Śarmā Ārya Pathik
ka Jīvan, Maran., aur Śok
(Danapur: Thakur Prasad Shah, 1898 [Arya year 1,972,948,999]); Munśirām, Āryapathik Lekhrām (Haridwar: Gurukul Press, 1914); Ātmārām Am.rtsarī, Mahātmā Śrī Svāmī Nityānand Sarasvatījī
kā Jīvancarit (Mumbai: Vaibhav Press, 1918); Svāmī
Śraddhānand [Munshiram],
Kalyān Mārg kā Pathik, in Svāmī Śraddhānand Granthāvalī,
ed. Bhavānīlāl Bhāratīya, vol. 1
(Delhi: Govindaram Hasanand, 1987 [1924]).
68. Gan˙gāprasād Upādhyāy,
Ārya-samāj, no. 9, Pratham
Dayānand
Janam Śatābdi
Granthmālā (Mathura: Nārāyan. Svāmī, 1925), 3.
69. Vaidya, Śrīmaddayānanad Citrāvalī, ii.
notes to pages 198–201 279
70.
Śrīyut Lak.smīsahāya Māthur, trans.,
Benjāmin Phren˙klin kā Jīvan Caritra (Indore: Śrī Madhya-Bhārat Hindī Sāhitya Samiti, 1928),
6–7. The book had been translated into Gujarati in the 1890s and was adopted for library acquisition and book
awards in both Bombay and Baroda; this Hindi
edition is translated from the Gujarati edition.
71.
Dvivedī, Kolambas, 3; Pan.d.it Śītalācaran. Vājpeyī,
Deśbhakt Lālā Lājpatrāy kā Jīvan Caritra (Prayag: On˙kār Press, 1918), 2.
72. Goyalīya, Sītācarit, 2.
73.
Lak.smodhar Vājpeyī, Ebrāham Lin˙kan, trans. Vināyak Kon.d.adev Ok (Prayāg: Dīk.sit & Dvivedī, 1917), 2–3.
74. Vājpeyī, Deśbhakt Lālā Lajpatrāy, 2.
75. Rahman, “Sirat al-Nabi
of ‘Allaman Shibli,”
3.
76.
For more on
“books and bodies,” see Brannon Ingram, Revival
from Below: The Deo- band Movement
and Global Islam
(Berkeley: University of California Press,
2018).
77.
Brian Hatcher,
“Great Men Waking:
Paradigms in the Historiography of the Bengal Renaissance,” in Bengal: Rethinking History:
Essays in Historiography, ed. Sekhar Ban- dyopadhyay (New Delhi: Manohar,
2001), 135–63, at 140.
78.
Thomas Carlyle, On Heroes, Hero-Worship and the Heroic
in History, ed. Michael K. Goldberg,
Joel Brattin, and Mark Engel (Berkeley: University of California Press, 1993
[1840]), 3, 11–12.
79.
See, for example, Syed Ahmed Khan,
Essay on the Question
of Whether Islam Has Been Beneficial to Human Society in General and to the Mosaic and Christian Dispensations (London: Trübner, 1870), 7.
For context, see Philip Almond, Heretic
and Hero: Muham- mad and the Victorians (Wiesbaden: Otto Harrassowitz, 1989).
80. Nanda-Kiśora Śāstrī, Kān˙gres ke Mahāpurūs. (Delhi, 1929).
81. The earliest instance is likely Prasad, A Triumph of Truth, v–vi.
82.
Lala Munshi
Ram, The Future of the Arya Samaj: A Forecast (Lahore: Virajanand Press, 1893), 9–10.
83.
This text circulated in at least
two forms: H. W. Dulcken, ed., Worthies
of the World: A Series of Critical and Historical Sketches
of the Lives, Actions, and Characters of Great
and Eminent Men of All Countries and Times (London: Ward, Lock, ca. 1881), 209–24; Ward & Lock’s Library of National Information and Popular Knowledge: With Numerous
Illustrations (London: Ward, Locke, ca. 1888), 3:193–224.
84. The Athenaeum, October 2, 1880, 423.
85.
I mean this in the sociologically precise sense developed
in studies like Joan Shelley Rubin, The Making of Middlebrow
Culture (Chapel Hill:
University of North
Carolina Press, 1992).
86. Priya Joshi, Another Country:
Colonialism, Culture, and the English
Novel in India (New
York: Columbia University Press, 2002).
87.
J. Barton Scott,
“Translated Liberties: Karsandas Mulji’s
Travels in England and the
Anthropology of the Victorian Self,”
Modern Intellectual History 16,
no. 3 (2019): 803– 33; Margrit
Pernau et al., Civilizing
Emotions: Concepts in Nineteenth-Century Asia and
Europe (Oxford: Oxford University Press, 2015).
88.
Michel Foucault, “What Is an Author,” in The Foucault Reader, ed. Paul Rabinow (New York: Pantheon, 1984), 101–20.
280 notes to pages 202–205
89.
Lājpat Rāy, Mahars.i Svāmī Dayānand Sarasvatī aur Unkā Kām, trans. Gopāldās Devgun. Śarmmā (Lahore: Punjab Economical Yantrālay, 1898), 88–92.
90.
Ayesha Irani, The Muhammadan Avatara: Salvation History, Translation, and the Mak- ing of Bengali Islam (New York: Oxford University Press, 2020).
91.
Arjan Singh, Dayananda Saraswati: Founder of Arya Samaj (New Delhi: Ess Ess Pub- lications,
1979), 47.
92.
Pan.d.it Rāj Narāin, Rishi Man.d.al, Jis mem. Ādī Srish.tī se Lekar Āj Tak Rishiom. ke Hālāt Darj Haim. (Lahore: Hitkari Steam Press, 1902).
93. “Mahāpurū.s Lenin,” Jyoti,
February 1924, 549–50.
94.
Satyaketu Vidyālan˙kār, “R..si Dayānand kā Itihās mem. Sthān,” Ārya, February 1926, 24–31.
95. Vaidya, Śrīmaddayānanad Citrāvalī, i.
96. Har Bilas Sarda, ed., Swami Dayanand
Saraswati (Ajmer, 1933),
1–2.
97.
Extract from the Legislative Assembly Debates, Vol. IV,” in NAI/Home/Political/1927/ F.132/I. (Henceforth LAD.) I follow the printed pagination,
which is organized by date.
M. M. Malaviya (Allahabad and Jhansi), LAD, September 5, 17.
98. K. C. Roy (Bengal), LAD, September 5.
99.
Tomoko Masuzawa, The Invention of World Religions
(Chicago: University of Chicago
Press, 2005), 132–33.
100.
Dobe, Hindu Christian Faqir, 212–21. Compare C. S. Adcock, The Limits of Tolerance: Indian Secularism and the Politics of Religious Freedom (New York: Oxford University Press, 2014).
101. Brian Hatcher, Eclecticism and Modern Hindu Discourse (New York: Oxford University Press, 1999).
102. John Stevens, Keshub: Bengal’s
Forgotten Prophet (New
York: Oxford University Press, 2018), 180.
103. Varuni Bhatia, Unforgetting Chaitanya: Vaishnavism and Cultures of Devotion in Colo- nial Bengal (New York: Oxford University Press, 2017), 46.
104. Keshub Chunder Sen, Great Men (Calcutta: Calcutta Central, 1868), 21.
105. Pandit Harishankar Vidyalankar, “Sansār
ke Dhārmik Itihās mem. Dayānand kā Sthān,”
Jyoti, February 1924, 507–12.
106. [Sardar Pritam Singh],
“The Prophets of the World,”
Gurukul Magazine 2, nos. 10–12
(1908): 211–26.
107.
Kajri Jain, Gods in the Time of Democracy (Durham, NC: Duke University Press, 2021), 102.
108. For context,
see Smriti Srinivas,
A
Place for Utopia:
Urban Designs from South Asia
(Seattle: University of Washington Press, 2016), 50–86.
109.
J. Barton
Scott, “The Adyar
Pantheon of World
Religions,” Adyar Newsletter (August 2008): 1–4.
110. Daniel Sheffield, “In the Path of the Prophet: Medieval
and Early Modern
Narratives of the Life of Zarathustra in Islamic Iran and Western India” (PhD diss., Harvard Uni-
versity, 2012),
194–204.
111. For context, see Jairam Ramesh, The Light of Asia: The Poem that Defined the Buddha
(Gurugram, Haryana: Penguin-Viking, 2021). Hunt’s 1860 painting was so widely
notes to pages 205–211 281
pirated that he not only sued for
copyright infringement but also had to keep painting new and ever-larger versions of his famous theme to
keep ahead of the reproductions; the
last and largest went on world tour in 1905. See Jeremy Maas, Holman Hunt and the Light of the World (London: Scholar Press, 1984); Elena Cooper, Art and Modern Copyright
(Cambridge, UK: Cambridge
University Press, 2018), 219–36.
112. Jain, Gods in the Time of Democracy.
113.
See, for instance, Brian Pennington, Was Hinduism
Invented?: Britons, Indians,
and the Colonial Construction of Religion (New York: Oxford University Press, 2005).
114.
Swami Vivekananda, “The Work Before Us,” in Lectures: From Colombo to Almora, rev. ed. (Almora: Prabuddha Bharata Press, 1908), 92–100.
115. Vivekananda, “Sages of India,” in Lectures, 81–91.
116. Durga Prasad, Mahars.i Dayānand Sarasvatī jī kā Jīvan Caritra
(Lahore: 1913), 2.
117.
Śrī Pan.d.it Camūpati, “R..si kā Camatkār,” Prakāś (Lahore): Janm Śatābdi R.s.yan˙k, Octo- ber 26, 1924, 55–64.
118.
M. G. Ranade, Rise of the Maratha Power (Bombay:
Bombay University Press, 1961 [1900]), 80–81.
119. Schimmel, And Muhammad, 8, 23, 135, 231.
120. Arya Patrika (Lahore), June 9, 1891, 3.
121. Rai, Collected Works, 1:434.
122.
Mahār.si Dayānand Sarasvatī, Satyārth Prakāś (Dehli: Arya Parivar Yojna, 2007),
289; Amiya Sen, ed., Bankim’s Hinduism (Ranikhet, Permanent Black, 2011), 227–34; Andrew Sartori,
Bengal in Global Concept
History: Culturalism in the Age of Capital (Chicago: University
of Chicago Press, 2009), 109–35.
123. My thanks to Kajri Jain for this point.
124.
Meenakashi Mukherkee, Realism and Reality: The Novel and Society in India (Delhi: Oxford University Press, 1994).
125.
Dipesh Chakrabarty, The Calling of History: Sir Jadunath Sarkar
and His Empire of Truth (Chicago: University of Chicago Press, 2015), 39.
126. Rinehart, One Lifetime, 37–38.
127. Mukhopādhyāy, Dayānandcarit, 1–2.
128.
Harald Fischer-Tiné, “‘The Only Hope for Fallen India’: The Gurukul Kangri
as an Experiment in National Education
(1902–1922),” in Explorations in the
History of South Asia, ed. Georg Berkemer et al. (Delhi: Manohar, 2001), 277–99, at 287.
129.
Lala Har Dayāl, “Mahār.si Svāmī Dayānand Sarasvatī,” Prakash (Lahore), October
26, 1924, 10–12. For context, see J. Daniel Elam, World Literature for the Wretched
of the Earth (New York: Fordham
University Press, 2020), 19–43.
130.
[Camupati], ed., Rangīlā Rasūl: Mūl
Pustak Urdu kā Hindī Rūpāntar, ed. Baldev Śarma (Banaras: Baldev Sharma, ca. 1927), 35–38.
131. Camupati, Rangīlā Rasūl, 2.
132. Camupati, Rangīlā Rasūl, 5.
133. Camupati, Rangīlā Rasūl, 9.
134. Camupati, Rangīlā Rasūl, 2.
135. Camupati, Rangīlā Rasūl, 39–40.
136. Camupati, Rangīlā Rasūl, 2.
137. NAI/Home/Political/1927/132/I/p.39.
138. Muslim Outlook (Lahore), July 7, 1927.
139. Khalidi, Images of Muhammad, 15.
140.
Compare Giorgio
Agamben, The Highest Poverty, trans. Adam Kotsko
(Stanford, CA: Stanford University Press, 2013).
141. NMML/Manuscripts/DAV College Collection/Register F. No.
109/Annual Report, 1912–5/p.66.
142. Saba Mahmood, “Religious Reason and Secular Affect,” Critical Inquiry 35, no. 4 (2009): 835–62.
143. Smith,
Modern Islam, 68. For expansion of
the latter point, see David Gilmartin, “Democracy, Nationalism, and the Public,” South Asia: The Journal
of South Asian Studies 14, no. 1 (1991): 123–40; Faisal Devji, Muslim Zion: Pakistan
as a Political Idea (Cambridge, MA: Harvard University Press, 2013),
208.
144. Francis Robinson, “Strategies of Authority in Muslim South Asia,” Modern Asian Stud- ies 47, no. 1 (2013):
1–21.
145. Indrani Chatterjee, “Monastic Governmentality, Colonial Misogyny, and Postcolonial Amnesia in South Asia,” History of the Present 3, no. 1 (2013): 57–98.
146.
Usha Sanyal, Devotional
Islam and Politics
in British India:
Ahmad Riza Khan Barelwi and His Movement, 1870–1920 (New York: Oxford University Press, 1996), 38–39,
129, 255–64; Barbara Daly Metcalf, Islamic Revival
in British India: Deoband, 1860–1900 (Princeton, NJ: Princeton University Press, 1982), 300–2.
CHAPTER 10
1.
Lord Byron, as quoted on title page of W. Blake Odgers, A Digest of the Law of Libel and Slander, 2nd ed. (London: Stevens and Sons, 1887).
2.
“Extract from
the Legislative Assembly Debates, Vol. IV,” in National Archives of India (NAI)/Home/Political/1927/F.132/I. (Henceforth LAD.) I follow the printed pagination,
which is organized by date. Citation for the
above quote is thus M. A. Jinnah
(Bombay City), LAD,
September 5, 6–7; September 16, 16.
3. N. C. Kelkar (Bombay Central Division), LAD, September 16, 3–5.
4.
Lala Lajpat Rai (Jullunder), LAD, September 5, 5.
5.
Rai (Jullunder), LAD, September 16, 37.
6.
K. C. Neogy (Dacca), LAD, September 19, 12–14.
7.
LAD, September 5, 5.
8.
LAD, September 19, 26.
9.
“Extract from
the Council of State Debates, Vol. II, Nos. 36 and 37,” in NAI/Home/ Political/1927/F.132/I.
10. M. K. Acharya (South Arcot), LAD, September 5, 9.
11.
Bengalee (Calcutta), Bombay Chronicle, and Indian Daily Telegraph (Lucknow), quoted
in
Muslim Outlook (Lahore) (henceforth MO), September 15, 1–2, and September 24, 2.
Henceforth all press dates 1927 unless otherwise noted.
12. MO, September
20, 3.
13. The People (Lahore), September 29, 23.
14. NAI/Home/Political/1927/F.132/I/pp.3–27.
15. IOR/L/PJ/6/1941-F.1513/p.1.
16.
Amar Nath Dutt (Burdwan), LAD, September 16, 19.
17.
K. C. Roy (Bengal), LAD, September 16, 6.
18.
A. Rangaswami Iyengar (Tanjore cum Trichonopoly), LAD, September 16, 1.
19.
Mian Mohammad Shah Newaz (West Central Punjab), LAD, September 5, 14.
20.
M. K. Acharya (South Arcot cum Chingleput), LAD, September 16, 41–42.
21.
“Report of the Select Committee,”
Serials Nos. 1–39, pp. 38–41, in NAI/Home/ Political/1927/F.132/I; T. A. K. Shervani
(Cities of United Provinces), LAD, Septem- ber 16, 21. Cf. Hari
Singh Gour (Central Provinces), LAD,
September 19, 24.
22.
Lala Lajpat Rai, “Protecting Religions,” The People, September 15, 99.
23. William James, Writings, 1902–1910 (New York: Library of America, 1987), 33.
24.
Compare Hussein Ali Agrama, Questioning Secularism: Islam, Sovereignty, and the Rule of Law in Modern Egypt (Chicago: University of Chicago Press, 2012).
25.
Talal Asad, Genealogies
of Religion (Baltimore: Johns Hopkins University Press, 1993); Émile
Benveniste, Indo-European Language and
Society, trans. Elizabeth Palmaer (Coral Gables, FL: University
of Miami Press, 1973).
26.
Winnifred Fallers Sullivan, The Impossibility of Religious Freedom (Princeton,
NJ: Princeton University Press, 2018); Giorgio
Agamben, The Highest Poverty, trans.
Adam Kotsko (Stanford, CA: Stanford
University Press, 2013).
27.
Indrani Chatterjee, “Monastic Governmentality, Colonial Misogyny, and Postcolonial Amnesia in South Asia,” History of the Present 3, no. 1 (2013):
57–98; Jacob Copeman and Aya
Ikegame, “The Multifarious Guru,” in The Guru in South Asia (London:
Routledge, 2012), 1–45.
28.
S. Srinivasa Iyengar (Madras City), LAD, September 16, 23–25.
29.
John Durham Peters, Courting the Abyss: Free Speech and the Liberal
Tradition (Chi- cago: University of Chicago Press,
2005).
30.
Elaine Hadley,
Living Liberalism: Practical Citizenship
in Mid-Victorian Britain (Chi- cago: University of Chicago Press,
2010).
31.
Compare Judith Butler, Excitable Speech:
A Politics of the Performative (New York:
Routledge, 1997).
32.
See, for instance, Paul Gilroy, “‘My Britain Is Fuck All’:
Zombie Multiculturalism and the Race Politics of Citizenship,” Identities 19, no. 4 (2012): 380–97.
33.
Alexander Brown,
“The Racial and Religious Hatred
Act 2006: A Millian Response,” Critical Review of International Social and Political Philosophy 11, no. 1 (2008), https:// www.tandfonline.com/doi/full/10.1080/13698230701880471.
34.
UN General Assembly, Resolution 2200A (XXI), International Covenant on
Civil and Political Rights, Article 20 (December 16, 1966), https://www.ohchr.org/en/professional interest/pages/ccpr.aspx.
35.
Manu Bhagwan, “A
New Hope: India, the United Nations, and the Making of the Uni- versal Declaration of Human Rights,” Modern Asian Studies 44, no. 2 (2010): 311–47.
36.
Partha Chatterjee, I Am the People (New York: Columbia University Press, 2019), 64–65.
37.
Tim Wu, “Is the First Amendment Obsolete?,” Michigan Law Review
117, no. 3 (2018):
547–81.
38.
Cherian
George, Hate Spin: The Manufacture of
Religious Offense (Cambridge, MA: MIT Press, 2016).
39.
Deepak Mehta, “Words
that Wound,” in Beyond
Crisis: Reevaluating Pakistan, ed. Naveeda Khan (Delhi: Routledge, 2010), 315–43, at 326.
40.
John D. Kelly, A Politics of Virtue: Hinduism, Sexuality, and Countercolonial Discourse in Fiji (Chicago: University of Chicago Press, 1991), 208, 217–28.
41. See Snehal Shingavi, ed., Angarey (Delhi: Penguin, 2014).
42.
Paul Fuller,
“The Idea of Blasphemy in the Pali Canon and Modern Myanmar,” Journal of Religion and Violence 4, no. 2
(2016): 159–81.
43.
Sadia Saeed, Politics of Desecularization: Law and the Minority Question
in Pakistan (Cambridge, UK: Cambridge University Press, 2017).
Compare Humeira Iqtidar, Secu- larizing Islamists: Jama‘at-e-Islami
and Jama‘at-ud-Da‘wa in
Urban Pakistan (Chicago: University of Chicago Press,
2011).
44.
Asad Ali Ahmed, “Adjudicating Muslims: Law, Religion, and the State
in Colonial India and Postcolonial Pakistan” (PhD diss.,
University of Chicago, 2006); Osama Siddique and Zahra Hayat, “Unholy Speech and Holy Laws: Blasphemy Laws in
Pakistan,” Min- nesota Journal of International Law 17, no. 2 (2008): 303–85; Farhat Haq, Sharia and the State in Pakistan: Blasphemy
Politics (New York: Routledge, 2019).
45.
See Asad Ali Ahmed, “Specters of Macaulay: Blasphemy, the Indian Penal
Code, and Pakistan’s Postcolonial Predicament,” in Censorship in South Asia, ed. Raminder Kaur and William Mazzarella (Bloomington: Indiana
University Press, 2009), 172–205.
46.
See, for instance, Jeffrey
Redding, A Secular Need:
Islamic Law and State Governance in Contemporary India
(Seattle: University of Washington Press,
2020).
47.
Tisa Wenger, Religious
Freedom: The Contested History of an American Ideal (Chapel
Hill: University of North Carolina Press,
2017); Elizabeth Shakmun Hurd, Beyond Reli- gious Freedom:
The New Global
Politics of Religion
(Princeton, NJ: Princeton University Press, 2015).
48.
Taraknath Das, “Review of Mother India,” The People (Lahore), August 18, 1927, 124.
49.
Quoted in Joy Dixon, Divine Feminine: Theosophy
and Feminism in England (Baltimore: Johns Hopkins University Press, 2001), 217.
50.
M. K. Acharya
(Madras), LAD, September 16, 41–42.
See also the brief reference to Mayo in Amar Nath Dutt (Burdwan), LAD, September 16, 20.
51.
Mrinalini Sinha,
Specters of Mother India: The Global
Restructuring of an Empire (Dur- ham, NC: Duke University Press, 2006).
52.
See Laurie
Patton, Who Owns Religion?: Scholars and Their
Publics in the Late Twentieth Century (Chicago: University of Chicago Press, 2019).
53.
For full discussion, see Brian Pennington, ed., “Roundtable on Outrage, Scholarship, and the Law in India,” Journal of the American
Academy of Religion
84, no. 2 (2016):
323–72.
54.
Compare Michael
Hardt and Antonio
Negri, Empire (Cambridge, MA: Harvard Uni- versity
Press, 1999).
55.
For broad context, see Deonnie Moodie, “Corporate Hinduism,” Religion Compass 15,
no. 2 (2020): 1–9, and Manisha Basu, The Rhetoric of Hindu India (Cambridge: Cam- bridge University Press, 2016). For an analogous
phenomenon, see Winnifred Sullivan, A Ministry of Presence: Chaplaincy, Spiritual Care, and the Law (Chicago: University of Chicago Press, 2014).
56.
Ajoy Ashirwad Mahaprashasta, “Why the Hindu Right, Not Usually a Champion
of Free Speech, Is Supporting Charlie Hebdo,” The Wire, September 5, 2020, https:// thewire.in/politics/hindu-right-charlie-hebdo-cartoons-free-speech.
57.
For wounded
attachments, see Wendy Brown, States of
Injury: Power and Freedom in Late Modernity (Princeton, NJ: Princeton University Press, 1995).
58.
“Tandav Row,” Hindustan Times, January 27, 2021, https://www.hindustantimes
.com/entertainment/web-series/tandav-row-as-supreme-court-refuses-to-grant
-protection-here-are-all-the-controversies-surrounding-saif-ali-khan-s-amazon-show
-101611755000552.html.
abolitionism, 90, 107, 117–18.
See also race; slavery
Acchutanand, Swami, 156
Acharya, M. K., 23, 59, 70, 227
Adcock, Cassie, 63, 138. See also tolerance/ toleration
aesthetics, 23, 41, 58, 66, 71–75, 113, 157–60,
202–5. See also Jain, Kajri; Naidu, Sarojini affect, 12, 47, 59–60, 81, 86–88, 96–98, 107, 138–
39, 169, 176, 184, 186, 218, 229; religious,
20–28, 43–45, 52–53, 86–87, 103, 135–36,
163–64, 171, 220–21.
See also body/bodies/ flesh; emotion; sentiment; violence
affections, 21, 101, 110, 114, 118–19, 146. See also
affect; disaffection
Agnihotri, Shiv Narayan, 161, 172, 174–76
Agrama, Hussein Ali, 6, 129
Ahmad, Mirza Ghulam, 161, 182, 227
Ahmed, Asad Ali, 89, 233
Ali, Maulana Muhammad, 46,
68–69
Ali, Syed Ameer, 194, 197
Ambedkar, B. R., 37, 181, 226
Amritsar, 39–40, 155
Anandilal, 170–71
Anglo-Hindu law, 82–86, 100, 103
Anglo-Muhammadan law, 82–85, 103
Arabic, 71, 74, 85, 200
Arnold, Edwin,
205, 207
Arya Musafir, 158, 178
Arya Patrika, 186, 208
Arya Samaj, 23–24, 27–28, 40–42, 48–49,
139–43, 172–73, 178, 181–82, 206, 208–9,
212, 222; Gurukul, 143, 146, 150, 157, 159,
162, 192; hagiography, 185, 187, 190, 192,
199, 202, 215; insult, 141–65; penal code,
166–84; prachar, 145, 150; Vedic publicity,
145–55, 159, 166. See also hagiography; polemic
asceticism, 39, 41, 48–49, 53, 65–66,
78, 96,
114–15, 142, 156–57, 159, 188, 197, 211–12,
224. See also body/bodies/flesh;
celibacy; masculinity: manly self-rule
atheism, 7, 129, 153
Atma, Bhagwan Dev. See Agnihotri, Shiv Narayan
Auto-Icon, 98–99. See also Bentham, Jeremy Avory, Horace, 135–36
Bagehot, Walter, 18–19
Baksh, Khuda, 48–49
Barelwi, Ahmad Riza Khan, 215 Batra, Dinanath, 228
Begum of Bhopal, 181–83
Bentham, Jeremy, 80, 83–84, 90, 96–104,
120–21, 124, 129, 133, 138, 220–21. See also
Auto-Icon; utilitarianism Bentinck, William,
82, 104
Besant, Annie, 11, 74, 227
Bhagavad Gita, 74, 192. See also Hinduism Bhagavati, Mai, 148–49
Bhargava, Pandit Thakur Das, 56, 217
Bhargava, Rajeev, 4–5
Bible, 7, 10, 84, 90, 115–16, 118, 121, 168, 203. See
also Christianity; Jesus
biography, 28, 39, 108, 185–87, 194–99, 207–9,
212–13
biopolitics, 10, 42–43, 52, 59, 85, 122, 129, 157,
204. See also Foucault, Michel;
govern- mentality
birth control, 11–12, 135
Blackstone, William, 7, 83, 134
blasphemy, 1–15, 17,
67, 77–78, 80–81,
89–92,
94, 97, 100, 135–36,
225, 227; blasphemous
libel, 10, 24–25, 123–26,
135; common law
of blasphemy, 2, 6, 9, 224; Danish
cartoon, 2, 214. See also Charlie Hebdo; defama- tion; Indian Penal Code: Section 298; libel; obscenity; polemic; sedition
Blasphemy Bill, 5, 54, 57. See also Religious Insults Bill
body/bodies/flesh, 10–11, 18–20,
22–24, 27–28,
36–44, 51–53, 55–59, 81–83, 92–94, 98–99,
119–20, 129–30, 136–37, 145–46, 150–51,
155–61, 163–65, 175–76, 212–13, 220–21.
See also affect; asceticism; corpses;
habi- tus; physicality; public/private
distinction; purity; race; sexuality
Bombay, 5, 67–68, 72, 91, 142, 169, 205, 218,
226
Bonaparte, Napoleon, 194, 197–200
bourgeoisie, 22–23, 42, 59, 92–94, 106–7, 110,
135, 148, 150. See also caste; class; domes- ticity
Bradlaugh, Charles, 11, 26
Brahmo Samaj, 74, 203
Brougham, Henry, 25,
127
Buddha, 23, 197, 202–5, 210, 226
Buddhism, 7, 42, 73
144, 155, 197
Bulwer-Lytton, Robert, 15, 224
Burke, Edmund, 77, 83, 101–3, 220
Calcutta, 34, 65, 69, 79–82, 85, 89, 91, 97, 104–5,
111–14, 116, 131–32, 179
Cambridge, 90–91, 116, 127
Candler, Edmund, 179–80
Carlile, Richard, Jane, and Mary Ann, 89–90, 93, 116, 127
Carlyle, Thomas, 199–204, 208. See also great men; masculinity: heroes
caste, 35–36, 41–42, 55–56, 62, 142–46, 155–58,
162, 178, 193, 195–96, 226. See also body/
bodies/flesh; bourgeoisie; class; Dalit;
savarna
caste sensorium, 23–24, 222. See also affect; disgust
Catholicism, 10, 82, 90–92, 94–95, 97, 128, 177.
See also Christianity
celibacy, 23, 106, 144–45, 150, 157, 196–97, 210–
11. See also asceticism; sexuality Chamupati, Pandit, 34, 42, 141, 144, 150, 154,
157, 185, 207, 210, 212; Glimpses of Day-
ananda, 194, 196
Charlie Hebdo, 4, 228. See also blasphemy Chatterjee, Bankimchandra, 208, 219
Chatterjee, Partha,
16, 35–36, 58
Christianity, 6–11, 14–15, 73–74, 97–98, 115–20,
155–56. See also Bible; Catholicism; Jesus; missionaries,
Christian; Protestantism
Clapham/Claphamites, 117–21
class: economic, 10, 89, 92–94, 114–15, 119–21,
135, 171; in Indian Penal Code, 59–62,
67–69, 86, 130–33, 219–21, 225. See also
bourgeoisie; caste; enmity/hatred/con- tempt; violence
Cockburn, Alexander, 177
Code of Criminal Procedure, 85, 104
Coke, Edward, 134
Coleridge, John, 10–12, 25, 127, 135 commensuration. See Jain,
Kajri communalism, 18, 28, 34, 41–42, 45–46, 48,
55, 60, 62–63, 72–73, 132, 141–45, 159, 172,
184–85, 196, 220. See also riots; violence
comparative prophetology, 202–6, 210, 214–15
confession, 106, 110,
114, 121,
174–77. See also
letters/letter writing convent.
See erotica
conversion, 9, 19, 41–42,
48, 63, 65, 75, 115–17,
155–56, 162, 174, 181, 217. See also prosely- tism
corpses, 51, 57, 98, 101, 135, 221. See also body/ bodies/flesh
Crerar, James,
64, 217
crowd theory, 46–48
Dalit, 24, 41–42, 62–63,
112, 146, 155–56,
159,
163, 178, 193, 226. See also caste
Darstellung, 41, 45, 58. See also Spivak, Gayatri;
Vertretung
Daryabadi, Abdul Majid, 21 Das,
Nilakantha, 60, 70
Dayananda Saraswati, Swami, 23, 51, 142–43,
152–54, 161–64, 168–72, 181–82, 185–89,
192–94, 197–200,
209–10, 212–13, 217,
226;
Satyarth Prakash, 145–46, 152, 161–62,
168–69, 171, 194, 202. See also Arya Samaj
Dayanand Chitravali, 189–90, 202
defamation, 13, 123, 125, 129, 133, 135, 161, 225.
See also blasphemy; libel; slander
desire, 96, 106–7, 110, 112, 122, 164, 176, 218. See
also incest; passion; sexuality
Dev Samaj, 161, 174–76. See also Agnihotri, Shiv Narayan
Dewey, John, 35, 37
Dharmpal, 174–76
disaffection, 130–32. See also affection disenchantment, 36, 190–92, 206–9
disgust, 23, 41, 43, 88, 93–94, 135, 158–59. See
also caste sensorium
domesticity, 22, 85–86, 91–92, 106–7, 112,
118–
19, 135. See also bourgeoisie; femininity; public/private
distinction; sweet bondage
Doniger, Wendy, 1, 228
Durkheim, Emile, 44–45
East India Company, 15, 79, 81–83, 85, 91, 100,
104, 106, 111, 115, 118, 224
emotion, 21–22, 105, 108, 111–12, 116, 131, 134–35,
220–21, 229. See also affect;
fanaticism; outrage; sentiment
empire, 3–4, 14–15, 81–82, 89–92, 95–96, 101–2,
106–9, 116–20, 227–29. See also intimacy; mission, civilizing; “West,” the
Enlightenment, 9, 11, 82–84, 101, 119, 142, 220
enmity/hatred/contempt, 7–8, 12–14, 33, 39–41,
60–61, 77, 83, 130–33, 174–75, 178–79, 203,
211, 224–25. See also class; emotion
erotica, 128, 177. See also pornography
ethics, 8, 21, 78, 120–21, 137–39, 142, 154, 161,
195, 198, 206–9
ethnographic state, 16, 35–37, 41, 56, 58, 60
evangelicalism, 19, 27, 82, 90, 108, 115–16, 120–
22. See also Christianity; missionaries,
Christian; proselytism; Protestantism
family. See incest
fanaticism, 34, 45, 48, 66, 97, 164, 218–19.
See also affect; emotion; religious feeling
feeling/feelings. See affect; emotion; religious feeling; sentiment
femininity, 22, 49, 72, 106, 150,
157, 197, 210.
See also domesticity; masculinity feminism, 38, 108, 150, 196
flesh. See body/bodies/flesh;
habitus Foucault, Michel, 28, 138–39, 154, 221. See also
biopolitics; ethics; governmentality
free speech, 1, 28, 54, 70, 90, 132, 163, 219, 223–
24. See also liberalism; speech freethought, 3, 8, 10–11, 117, 135, 142. See also
Ramsay,
William, and George Foote French revolution, 80, 83, 93, 101
friendship, 107–8,
112, 115. See also masculinity: homosocial/homoerotic/homosexual
frotteurism, 174, 176. See also Singh, Amar
Gandhi, M. K., 39, 42, 48, 56, 63, 65, 71–72, 139,
202, 224, 227
Garibaldi, Giuseppe,
202, 208–9
Gay News, 12, 26. See also newspaper gender/sexuality.
See body/bodies/flesh; desire;
domesticity; femininity; incest;
masculin- ity; public/private distinction; sexuality
Gentoo law. See Anglo-Hindu law Ghafur, Abdul. See Dharmpal Ghasiram, 187, 209, 212
Ghaznavi,
Maulvi Muhammad Daud, 40–41, 134
Gladstone, William,
78, 133–34
Gopinath, 172–73
gossip, 109, 130, 161–62
Gott, John, 12, 135
Gour, Hari Singh, 5–6, 14–15, 26, 63–64, 66–67,
133, 137
governmentality, 16–17, 35–38, 65–66,
75, 108,
121, 138, 168, 186, 215, 226; spiritual, 154–57,
221–23. See also biopolitics; Foucault, Michel
Grant, Charles,
106, 118
graphomania, 112–14, 139. See also print
culture great men, 199–204, 209, 214–15. See also
Carlyle, Thomas; masculinity: heroes Gujarati, 148, 170, 187, 200, 218
Gurukul. See Arya
Samaj
habitus, 12, 19, 23,
120,
122, 214–15. See also
body/bodies/flesh
hagiography, 185, 187, 190, 192–94, 198–99, 202,
208–10, 215. See also Arya Samaj
Hale, Matthew, 9–10,
13, 20, 81, 124 Halhed, Nathaniel, 86, 100. See also Anglo-
Hindu Law
Hall, Catherine, 108, 110, 112, 117, 121
Harishchandra, Bharatendu, 195
Hastings, Warren, 82–83, 102
hate speech, 12–13, 26, 28, 224–26, 131, 142,
224–26. See also blasphemy; enmity/ hatred/contempt; Indian Penal Code:
Section 153A; speech
hatred. See enmity/hatred/contempt
heroes. See Carlyle, Thomas;
great men; mas- culinity: heroes
Hicklin test, 128, 277
Hinduism, 55, 73–74, 86, 142, 145, 185, 189, 196,
203, 205, 227–28; Hindu nationalism, 5,
140, 218, 228; Puranic, 145, 152, 159, 192,
208. See also Bhagavad Gita;
Puranas homoeroticism. See
masculinity: homosocial/
homoerotic/homosexual House of Commons, 79, 92
Hunt, William Holman, 205, 207, 280n111 Hussain, M. F., 1
iconoclasm, 2, 49, 188, 190, 192, 196
incest, 27, 43, 78, 106, 108,
110–11, 122, 178.
See also desire; domesticity; intimacy; Macaulay sisters; war on nature
Indian Penal Code, 24–26, 77–78, 84–89, 103,
105–6, 121–23, 129–31, 168–72, 218–19,
225–26; Section 124A, 130–32, 166, 179;
Section 153A, 14, 39, 60–61, 77, 130, 132,
167, 174–75, 178–799, 218, 225–26; Section
295A, 1–2, 4–7, 12–14, 17–18, 21, 25, 27, 33,
55, 59–66, 68, 77,
130,
132–33, 135, 137–38,
166, 185–86, 216–18, 220–23,
225–28;
Section 298, 18, 25, 93, 105, 169, 171, 182,
226; Section
377, 105, 121; Section 499,
131,
175. See also blasphemy; caste; enmity/ hatred/contempt; Macaulay, Thomas Babington
injury, 1, 9, 28, 39, 57, 65, 87, 97, 131, 133, 141, 166,
168–69, 171, 175–77, 214, 219, 224. See also
speech
insult. See blasphemy; intimacy
intimacy, 24, 27–28, 103, 105–10, 112–14, 117–18,
122, 123–24,
134, 137, 162, 168, 175–76.
See also domesticity; empire;
incest Islam, 7, 13, 39, 41–44,
60, 62–63, 73–74,
84–85,
103, 133, 136, 145, 181–82, 210, 214–15, 225,
227. See also Islamophobia; Muhammad, Prophet; Qur’an
Islamophobia, 33, 42, 53, 63, 178, 204, 209,
215–16, 228
Iyengar, S. Srinivasa, 64–66
Jain, Kajri, 74, 204. See also aesthetics Jainism, 73, 145, 155
James, William,
22, 219
Jayakar, M. R., 5–8, 13, 15, 63–64, 67, 70, 137,
227
Jesus, 2, 7, 9, 12, 23, 51, 71, 119, 125, 161, 196–97,
202–5, 210. See also Bible; Christianity
Jones, William, 83
Judaism, 10, 81, 90–92, 94–95, 97, 100–101, 103,
228
Kenny, Courtney, 25–26
Khadijah, 42, 195, 210–11
Kittler, Friedrich, 28, 112, 139
Krishna, 71, 143,
159, 164,
192, 196,
199, 202–5,
208, 210, 220, 226
Krishnavarma, Shyamji, 143
Kunwar, Ved, 149–51
Lahore, 13, 33–34, 39, 41, 46,
78, 174,
190, 194,
212
Lahore High Court, 43, 57, 61, 67, 133, 211, 225 Lawrence,
D. H.: Lady Chatterley’s Lover, 42
Legislative Assembly, 5, 7, 14, 23, 37, 54–56, 58,
60, 63–64, 69, 133,
137, 203,
216, 218,
221–22
Lekhram, Pandit, 155, 158–60, 163, 172, 181–83,
187, 194
letters/letter writing, 112, 114, 121,
175–76. See also confession;
paper
libel, 123–36, 173,
185. See also blasphemy; obscenity; polemic; sedition
liberalism, 18, 46, 57, 82, 106, 140, 151–52, 214,
219, 224. See also Bagehot, Walter;
free speech; Mill, John Stuart
Lippmann, Walter, 35–37, 46, 225
Locke, John, 15, 19, 116
Lowe, Lisa, 107, 222
Luther, Martin, 84, 199, 200, 202
Macaulay, Selina Mills, 98, 110, 112, 117, 119
Macaulay, Thomas Babington, 17, 19, 24–25,
27–28, 35–36, 77–80, 82–85, 87–88, 90–98,
100–104, 105–22,
129–30, 221, 253n64;
History of England, 104, 208; “Minute on Education,” 89, 105, 114–16,
118. See also Indian
Penal Code
Macaulay, Zachary, 90. 107, 109, 117, 119 Macaulay Code. See Indian Penal Code Macaulay sisters
(Hannah and Margaret),
106–7, 109, 111–16,
122. See also domestic- ity; incest
Madonna, 2, 229
Maharaj Libel Case, 130,
169
Mahmood, Saba, 15–16, 214–15, 219 Mahmud, Ghazi. See Dharmpal Maine, Henry, 6
Malaviya, M. M., 61, 203, 205
Mani, Lata,
82, 196
Marathi, 187, 200, 226
Marsh, Joss, 2, 78, 123–24, 129–30,
166, 225
martyr, 3, 48–52, 120,
190
Marx, Karl, 90, 253n64
masculinity: heroes,
199–202, 210, 214;
homo-
social/homoerotic/homosexual, 12, 107,
112, 114–15, 121, 196; hypersexual, 24, 42,
209; independent man, 106–7, 109, 112,
114, 120; male body,
59, 148, 150,
196,
210,
215; manly self-rule, 106, 120. See also
body/bodies/flesh; celibacy; femininity; frotteurism; phallic communion; sexuality
Mathura, 185, 192–93
Mayo, Katherine, 196, 227. See also Mother India
Mere Pacchis
Minet, 163–64 merry
prophet. See Rangila Rasul
Mill, James, 21, 79–80, 102, 104, 115, 127; History
of British India, 83, 97
Mill, John Stuart, 12, 19–21, 79–80,
89–90,
101–3. See also liberalism Milton, John, 17, 116
mission, civilizing,
10–11, 82, 89, 118, 120. See also empire
missionaries, Christian, 11, 82, 118, 130, 146, 152,
155, 162, 168, 228. See also Christianity; conversion; evangelicalism; Protestantism
monster meetings, 46–48. See also Rajpal
affair Moolraj, Lala Thakurdas, 168–72
moral force,
20, 48, 51, 65, 139
More, Hannah, 117, 119
Morvi, 192, 194
Moses, 10–11, 84, 202–4
Mother India, 73, 188–89, 192
Muhammad, Prophet, 1, 4, 7, 13, 23, 28, 34, 39,
41–44, 60, 67, 78,
133–34, 182, 185, 194–99,
202–4, 208–12,
214–15, 221, 225–26.
See
also Islam; Islamophobia; Rajpal affair Muir, William, 194–95, 209
Mukhopadhyay, Devendranath, 187
Muller, Max, 146
Munshiram, 48–49, 153–54, 156–57, 162, 165,
172–73, 192, 200. See also Shraddhananda
Muslim Outlook, 43, 47, 67, 134–35, 217. See also
newspaper
Naidu, Sarojini, 55, 68, 71–75,
203. See also
aesthetics; Respect for All Prophets necropolitics, 51–52
Nehru, Jawaharlal, 73
Nehru, Motilal,
45
newspaper, 4, 33, 37–38, 40, 43, 47, 53, 55, 68–
69, 90, 133, 150, 172–73, 179, 200, 214. See
also paper; print culture
Numani, Shibli, 194–95,
197–98
Obscene Publications Act of 1857, 128, 177
obscenity, 11, 23, 41–42, 78,
123–29, 135, 158,
166, 177–78, 182. See also libel Odgers, W. Blake, 127–28
Olcott,
Henry Steel, 204–5 Orientalism, 83, 85–87, 114, 146
outrage, 1, 5, 11–12, 14, 17–18, 30, 34, 54–55,
59–60, 75, 88, 95, 218, 225, 227–28. See also
emotion
pain/pleasure, 77, 81, 94–102, 121, 129, 158,
224.
See also utilitarianism Paine, Thomas, 9, 89, 92–93
paper, 27, 40–41, 57, 78,
113–14, 139, 146–47, 159,
164, 167–68, 174–77, 182, 186, 192–93, 213.
See also letters/letter writing; newspaper; physicality; print culture; tracts
Parliament, 79, 88, 91, 94, 100, 106, 110,
112–13,
126, 129
passion, 17–18, 21–22, 45, 59, 96–97, 101, 109.
See also affect; desire; religious
feeling; violence
personal law, 84–87, 103
persuasion, 19–20, 58, 94, 140, 151, 153
phallic communion, 125–26. See also mascu- linity
photography, 146, 189–90 photorealism. See photography
physicality, 47, 57, 146, 151, 157–58. See also
body/bodies/flesh; paper; print culture polemic, 23, 41,
137–40, 142, 145, 151–54, 158–59,
165–67, 185–86, 194–97, 209–11. See also
libel; tracts
pornography, 125, 128, 196. See also erotica
prachar. See Arya Samaj
pracharaks, 148, 152–53
prejudice, 77, 89, 100–103, 220.
See
also Burke,
Edmund
print culture, 46–48, 53, 92–94, 114–16, 125,
139–40, 144, 146, 157–60, 165, 176, 181, 193.
See also empire; graphomania; paper; physicality; tracts
proselytism, 42, 63. See also conversion; evan- gelicalism; missionaries, Christian
Protection for Prophets law, 67–68, 70, 72,
74–75, 222
Protestantism, 82, 84, 90, 95, 97, 103, 114–16,
118–19, 146, 151–52, 177. See also Christi- anity
public/private distinction, 22–23, 27, 34–38,
53, 78, 84–86, 103, 105–6, 122–23,
221–22.
See also domesticity
Puranas, 162, 164. See also Hinduism
purity, 23–24, 42, 130, 155, 157, 178. See also
body/bodies/flesh
Qur’an, 211, 220, 226. See also Islam
race, 1, 10–11, 15, 28, 36,
72,
85, 91–92, 103, 115,
117–18, 120, 130, 145, 155–57, 224, 228.
See also body/bodies/flesh
Rai, Lajpat, 37, 49, 69, 179, 186, 198–99, 201–2,
208–9, 217–18
Rajpal, Mahashe, 13, 33–34, 132, 141, 194,
217.
See also Rajpal affair; Rangila Rasul
Rajpal affair, 27, 33–34, 38, 40, 43, 45–46, 48,
52–57, 63, 78, 133, 138, 216–17,
226–27.
See also Rajpal, Mahashe; Rangila Rasul Rajpal v. Emperor, 13, 60, 133–34
Rama, 71, 192, 196, 202, 208, 210, 228–29
Ramsay,
William, and George Foote, 10, 12, 17, 25
Ranade, M. G., 198, 208
Rangila Rasul, 13, 23, 27–28, 33–34, 38–39, 42–
43, 137–39, 185–86, 193–97, 209–12, 216–19,
226–27. See also Muhammad, Prophet; Rajpal affair
Regina v. Hicklin, 128, 177
Regina v. Ramsay and Foote, 10–11 religion, 3–8, 19–23, 59–60, 86–87, 103–4,
226–29. See also Christianity; Hinduism;
Islam
religious feeling, 1, 5, 12, 17–18, 23–26, 33–34,
57–62, 68–70, 86–89, 103–4, 116–17, 135,
169, 182–83, 215. See also fanaticism; pas- sion; violence
Religious
Insults Bill, 5, 54. See also Blasphemy Bill
Respect for All Prophets, 71–72, 137, 139, 203,
222. See also Naidu, Sarojini
Rex v. Taylor, 9, 13, 61
Rida, Rashid,
194
riots, 14, 46, 60, 132. See
also communalism; violence
Risala-i-Vartman, 40–41, 172. See also news- paper
Risley, Herbert, 35–36
Roy, Rammohun, 80, 198, 217
Rushdie, Salman, 1–3, 12
Sanatan Hindu Dharm Sabha, 177–78 Sanatanism, 158, 163, 178
Sanskrit, 71, 74, 85, 144, 148–50, 152, 157, 170,
187
Sarda, Har Bilas, 202 Savarkar, V. D., 143
savarna, 23–24, 41, 59, 62, 159, 178. See also
caste
Savigny, Friedrich Carl von, 84 scatology, 39, 41, 126, 158, 163 schesis. See habitus
Scott, Joan Wallach, 22, 222
secular/secularism, 1–3, 8–13, 15–16, 22–23,
54–56, 62–64, 66–67, 70–75, 105–6, 219,
224; colonial, 6, 13–17, 23, 27, 52, 56, 107–8,
129, 227, 229;
Company, 14–15, 81–84;
governmental, 16–17, 55–56, 62, 94, 138;
Indian, 14–16,
34, 54, 62–63, 67, 70–71,
75,
138, 203, 222, 227; liberal-constitutional,
16, 35–37, 41, 54–56, 58, 62, 64, 88–89, 94,
96, 204, 219; penal, 17, 55, 62, 87, 219–20;
Victorian, 10, 129, 208
sedition, 78, 123–25, 126, 128,
130–33, 135, 166,
178–79, 181, 197. See also blasphemy; libel
Sedley, Charles, 125–26
self, 107, 120, 138–39,
214. See also ethics
Sen, Keshub Chunder, 74, 161, 203
sentiment, 1, 16, 21–23,
43–44, 53, 72, 77, 82,
86,
95, 99–103, 105–7, 116, 165, 183, 225, 228.
See also affect; emotion
sexuality, 41–43, 103, 105, 112, 120–22, 130,
142, 157, 175–77, 184, 195–97,
222, 227.
See also body/bodies/flesh; celibacy; desire; masculinity
sex work, 23, 41, 164
Shakespeare, William, 17, 115, 199
Shankaracharya, 155, 202
Shastri, Manasaram, 162–64
Shimla, 54–56, 58–59, 69–70, 137
Shiva, 70–71,
179, 186, 188, 190–92, 228–29
Shivaji, 70–71,
199, 202
Shraddhananda, Swami. See Munshiram
shuddhi, 24, 42, 155–58
Singh, Amar, 174–77. See also frotteurism Singh, Kanwar Dalip, 13–14, 39, 46, 60, 134–35,
210–11. See also Rajpal affair
sira, 185, 194–95, 208–9, 212
Sita, 185, 198
slander, 39, 67, 69–70, 123–26, 129–31, 133–34,
160–62, 172, 186, 209, 212, 225, 227. See also
defamation; libel
slavery,
56, 92, 107, 117–18. See also abolition- ism; race
Smiles, Samuel, 200
Smith, Wilfred Cantwell, 194, 214
Socrates, 50, 203
speech, 93–94, 140, 146, 150–53. See also free speech; hate speech
Spiritualism, 26, 34
Spivak,
Gayatri, 41, 58. See also Darstellung; Vertretung
Starkie, Thomas, 127–28
Stephen, James Fitzjames, 19–20, 24–25, 130,
134, 139
subjectivity, 10–11,
59, 93, 101, 107, 121, 139–40,
152, 161, 214
suffering, 48, 65, 92
Sullivan, Robert,
108, 115
sweet bondage, 107, 114, 120. See also domes- ticity
sympathy, 71–75
Tagore, Rabindranath, 199
Tarde, Gabriel, 47, 53
Taylor, John, 9, 14, 125
Tejani, Shabnum,
62–63
Theosophist, The, 186, 190
theosophy/Theosophical Society,
74, 161, 167, 204. See also Besant, Annie; Olcott, Henry Steel
Tiele, Cornelis, 21
Tilak, B. G., 23, 131
tolerance/toleration, 15, 19, 39, 55–56, 63–67,
71, 73, 75, 88, 90, 92, 102, 115, 118, 223–24.
See also Adcock, Cassie
tracts, 10–13, 33–35, 38–40, 42–43, 92–93, 157–
58, 162–67, 185–86, 194–97, 209–12, 157–58,
211. See also libel; paper; polemic; print culture
Trevelyan, Charles, 111–12
Unnisvi Sadi ka Maharshi, 38–39
Urdu, 21, 33, 148, 150, 173, 187, 194, 197, 200
utilitarianism, 82, 96–99, 101–3. See also pain/ pleasure
Vedas, 7, 49, 142, 145–46, 157, 161, 168, 187, 204
Vedic modernity, 142–45, 181
Vedic publicity. See Arya Samaj
Vertretung, 41, 44, 58. See also Spivak, Gayatri
Victoria (Queen),
15, 63, 167–68
violence, 16–20, 55–57, 61, 64–65, 87–88, 94–95,
156, 163–65, 178, 219–20. See also affect; communalism;
fanaticism; religious feeling; secular/secularism
Viswanathan, Gauri, 14, 91, 115
war on nature, 106, 111, 121, 122. See also incest “West,” the, 3–6. See also empire
Whig-liberal narrative of blasphemous moder- nity, 3–5, 9–10, 25, 228
whore-master. See Jesus
Wilberforce, William, 110, 117–19, 121
witchcraft, 9, 124
word crime. See blasphemy; Marsh, Joss Wright, Peter, 133–35
Yogi-Raj,
Zoroaster/Zoroastrianism, 73, 204–5