Ilbert Bill
Encyclopedia
The Ilbert Bill was a bill introduced in 1883 for British India by Viceroy Ripon
that proposed an amendment for existing laws in the country at the time to allow Indian
judges and magistrates the jurisdiction to try British
offenders in criminal cases at the District level, something that was disallowed at the time.
It was named after Courtenay Ilbert
, the recently-appointed legal adviser to the Council of India
, who had proposed it as a compromise between two previously suggested bills. However, the introduction of the bill led to intense opposition in Britain
and from British settlers in India that ultimately played on racial tensions before it was enacted in 1884 in a severely compromised state. The bitter controversy deepened antagonism between the British and Indians and was a prelude to the formation of the Indian National Congress
the following year.
and indigo plantation
owners in Bengal
, led by Griffith Evans, who feared that, unlike British judges, Indian judges would not overlook their mistreatment of Indian workers. At the same time, rumours began circulating of an English
female being raped by an Indian in Calcutta
. In reference to the Indian Rebellion of 1857
, when it was alleged that English women and girls were raped by Indian sepoy
s, many British colonialists expressed great concern over the humiliation English females would have to face appearing before Indian judges in the case of rape. The British press in India even spread wild rumours about how Indian judges would abuse their power to fill their harem
s with white
English females. The propaganda
that Indian judges cannot be trusted in dealing with cases involving English females helped raise considerable support against the bill.
English women who opposed the bill further argued that Bengali
women, who they stereotyped
as "ignorant", are neglected by their men, and that Bengali babu
should therefore not be given the right to judge cases involving English women. Bengali women who supported the bill responded by claiming that they were more educated than the English women opposed to the bill, and pointed out that more Indian
women had academic degree
s than British women did at the time, alluding to the fact that the University of Calcutta
became one of the first universities
to admit female graduates
to its degree programmes in 1878, before any of the British
universities had later done the same.
George Robinson, 1st Marquess of Ripon
George Frederick Samuel Robinson, 1st Marquess of Ripon KG, GCSI, CIE, PC , known as Viscount Goderich from 1833 to 1859 and as the Earl de Grey and Ripon from 1859 to 1871, was a British politician who served in every Liberal cabinet from 1861 until his death forty-eight years later.-Background...
that proposed an amendment for existing laws in the country at the time to allow Indian
Indian subcontinent
The Indian subcontinent, also Indian Subcontinent, Indo-Pak Subcontinent or South Asian Subcontinent is a region of the Asian continent on the Indian tectonic plate from the Hindu Kush or Hindu Koh, Himalayas and including the Kuen Lun and Karakoram ranges, forming a land mass which extends...
judges and magistrates the jurisdiction to try British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
offenders in criminal cases at the District level, something that was disallowed at the time.
It was named after Courtenay Ilbert
Courtenay Ilbert
Sir Courtenay Peregrine Ilbert GCB KCSI CIE was a distinguished British lawyer and civil servant.Ilbert served as the legal adviser to the Viceroy of India's Council for many years until his eventual return from India to England...
, the recently-appointed legal adviser to the Council of India
Council of India
The Council of India was the name given at different times to two separate bodies associated with British rule in India.The original Council of India was established by the Regulating Act of 1773 as a council of four formal advisors to the Governor-General at Fort William...
, who had proposed it as a compromise between two previously suggested bills. However, the introduction of the bill led to intense opposition in Britain
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and from British settlers in India that ultimately played on racial tensions before it was enacted in 1884 in a severely compromised state. The bitter controversy deepened antagonism between the British and Indians and was a prelude to the formation of the Indian National Congress
Indian National Congress
The Indian National Congress is one of the two major political parties in India, the other being the Bharatiya Janata Party. It is the largest and one of the oldest democratic political parties in the world. The party's modern liberal platform is largely considered center-left in the Indian...
the following year.
Controversy
The most vocal opponents of the bill were British teaTea
Tea is an aromatic beverage prepared by adding cured leaves of the Camellia sinensis plant to hot water. The term also refers to the plant itself. After water, tea is the most widely consumed beverage in the world...
and indigo plantation
Plantation
A plantation is a long artificially established forest, farm or estate, where crops are grown for sale, often in distant markets rather than for local on-site consumption...
owners in Bengal
Bengal
Bengal is a historical and geographical region in the northeast region of the Indian Subcontinent at the apex of the Bay of Bengal. Today, it is mainly divided between the sovereign land of People's Republic of Bangladesh and the Indian state of West Bengal, although some regions of the previous...
, led by Griffith Evans, who feared that, unlike British judges, Indian judges would not overlook their mistreatment of Indian workers. At the same time, rumours began circulating of an English
English people
The English are a nation and ethnic group native to England, who speak English. The English identity is of early mediaeval origin, when they were known in Old English as the Anglecynn. England is now a country of the United Kingdom, and the majority of English people in England are British Citizens...
female being raped by an Indian in Calcutta
Kolkata
Kolkata , formerly known as Calcutta, is the capital of the Indian state of West Bengal. Located on the east bank of the Hooghly River, it was the commercial capital of East India...
. In reference to the Indian Rebellion of 1857
Indian Rebellion of 1857
The Indian Rebellion of 1857 began as a mutiny of sepoys of the British East India Company's army on 10 May 1857, in the town of Meerut, and soon escalated into other mutinies and civilian rebellions largely in the upper Gangetic plain and central India, with the major hostilities confined to...
, when it was alleged that English women and girls were raped by Indian sepoy
Sepoy
A sepoy was formerly the designation given to an Indian soldier in the service of a European power. In the modern Indian Army, Pakistan Army and Bangladesh Army it remains in use for the rank of private soldier.-Etymology and Historical usage:...
s, many British colonialists expressed great concern over the humiliation English females would have to face appearing before Indian judges in the case of rape. The British press in India even spread wild rumours about how Indian judges would abuse their power to fill their harem
Harem
Harem refers to the sphere of women in what is usually a polygynous household and their enclosed quarters which are forbidden to men...
s with white
White people
White people is a term which usually refers to human beings characterized, at least in part, by the light pigmentation of their skin...
English females. The propaganda
Propaganda
Propaganda is a form of communication that is aimed at influencing the attitude of a community toward some cause or position so as to benefit oneself or one's group....
that Indian judges cannot be trusted in dealing with cases involving English females helped raise considerable support against the bill.
English women who opposed the bill further argued that Bengali
Bengali people
The Bengali people are an ethnic community native to the historic region of Bengal in South Asia. They speak Bengali , which is an Indo-Aryan language of the eastern Indian subcontinent, evolved from the Magadhi Prakrit and Sanskrit languages. In their native language, they are referred to as বাঙালী...
women, who they stereotyped
Stereotypes of South Asians
Stereotypes of South Asians are oversimplified ethnic stereotypes of South Asian people, and are found in many Western societies. Stereotypes of South Asians have been collectively internalized by societies, and are manifested by a society's media, literature, theatre and other creative expressions...
as "ignorant", are neglected by their men, and that Bengali babu
Babu (title)
The term babu, also spelled baboo, is used in modern-day South Asia as a sign of respect towards men. It is a derivation of bapu which means father. The honorific "ji" is sometimes added as a suffix to create the double honorific "babuji" which, in northern and eastern parts of India, is a term of...
should therefore not be given the right to judge cases involving English women. Bengali women who supported the bill responded by claiming that they were more educated than the English women opposed to the bill, and pointed out that more Indian
Indian subcontinent
The Indian subcontinent, also Indian Subcontinent, Indo-Pak Subcontinent or South Asian Subcontinent is a region of the Asian continent on the Indian tectonic plate from the Hindu Kush or Hindu Koh, Himalayas and including the Kuen Lun and Karakoram ranges, forming a land mass which extends...
women had academic degree
Academic degree
An academic degree is a position and title within a college or university that is usually awarded in recognition of the recipient having either satisfactorily completed a prescribed course of study or having conducted a scholarly endeavour deemed worthy of his or her admission to the degree...
s than British women did at the time, alluding to the fact that the University of Calcutta
University of Calcutta
The University of Calcutta is a public university located in the city of Kolkata , India, founded on 24 January 1857...
became one of the first universities
University
A university is an institution of higher education and research, which grants academic degrees in a variety of subjects. A university is an organisation that provides both undergraduate education and postgraduate education...
to admit female graduates
Female education
Female education is a catch-all term for a complex of issues and debates surrounding education for females. It includes areas of gender equality and access to education, and its connection to the alleviation of poverty...
to its degree programmes in 1878, before any of the British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
universities had later done the same.
Resolution
At first, as a result of popular disapproval of the Ilbert Bill by a majority of English women, Viceroy Ripon (who had introduced the Bill) passed an amendment, whereby a jury of 50% Europeans was required if an Indian judge was to face an European on the dock. Finally, a solution was adopted by way of compromise: jurisdiction to try Europeans would be conferred on European and Indian District Magistrates and Sessions Judges alike. However, a defendant would in all cases have the right to claim trial by a jury of which at least half the members must be European. The bill was then passed on 25 January 1884 as the Criminal Procedure Code Amendment Act 1884, coming into force on 1 May of that year.See also
- Brajendranath DeBrajendranath De-In Calcutta and Lucknow:He was born at his maternal grandfather's home at 123, Manicktala Street, Calcutta. His father's family, originally from Uttar Rarh in Bengal, belonged to the newly emerging middle class of Calcutta. He describes them as Kayastha bhadraloks in his unpublished memoir...
- Behari Lal GuptaBehari Lal Gupta-Early life and education:He was born in Calcutta and studied in Hare School and Presidency College, Calcutta before proceeding with his childhood friends R.C. Dutt and Surendranath Banerjee to England for higher studies...
- Courtenay IlbertCourtenay IlbertSir Courtenay Peregrine Ilbert GCB KCSI CIE was a distinguished British lawyer and civil servant.Ilbert served as the legal adviser to the Viceroy of India's Council for many years until his eventual return from India to England...
- Stereotypes of South AsiansStereotypes of South AsiansStereotypes of South Asians are oversimplified ethnic stereotypes of South Asian people, and are found in many Western societies. Stereotypes of South Asians have been collectively internalized by societies, and are manifested by a society's media, literature, theatre and other creative expressions...