Added: December 21, 2013 – Last updated: June 3, 2017


Author: James Henderson Warren

Title: Gender and Sexuality in Colonial Law, India 1830-1862

Subtitle: -

Thesis: M.A. Thesis, University of Calgary

Advisor: Doug Peers

Year: 2001

Pages: vii + 151pp.

OCLC Number: 654219950 – Find a Library: WorldCat

Language: English

Keywords: Modern History: 19th Century | Asian History: Indian History; European History: English History | Prosecution: Laws / 19th-Century Legislation



Library and Archives Canada (Free Access)

PRISM: Digital Repository of the University of Calgary (Free Access)


Abstract: »This is a cultural history of the Indian Penal Code: of how culturally and discursively constructed notions about gender and sexuality were embedded in the Code. An examination of the Code's legal definitions of rape and their ancestry in English law demonstrates that an early nineteenth-century philosophy of anti-sensualism and the gendered prescripts of a discourse of bourgeois respectability informed those definitions and were enforced by them. The laws were coded by particular notions about morality, proper feminine behaviour, and sexual restraint as conceived by the Code's author, Thomas Babington Macaulay, and elaborated through Evangelical moral philosophy. Applied in India, the criminal law of rape had to undergo processes of negotiation and accommodation to reconcile ideas about gender and sexuality produced in Britain with colonial constructions of Indian social identities such as gender, caste, race, age, and the appropriate expressions of sexuality in India.« (Source: Thesis)


  Approval page (p. ii)
  Abstract (p. iii)
  Acknowledgments (p. iv)
  Abbreviations and Short Titles Used in the Notes (p. vi)
  Glossary of Terms (p. vii)
  Introduction: The Respectable and the Colonial (p. 1)
  Chapter One: Colonizing Morality: Macaulay's Draft Penal Code and the Elaboration of Paramountcy (p. 29)
  Chapter Two: The Codification of Respectability: Thomas Babington Macaulay and the Bourgeois Feminine (p. 61)
  Chapter Three: Negotiating Identities: Rape and Colonial Law, 1830-1862 (p. 95)
  Conclusion: A Colonial Legacy (p. 135)
  Bibliography (p. 137)
    Primary Sources (p. 137)
      Archives (p. 137)
      Published (p. 137)
        Parliamentary Papers (p. 137)
        Newspapers and Periodicals (p. 140)
    Secondary Sources (p. 140)

Wikipedia: History of Asia: History of India / Company rule in India, British Raj | History of Europe: History of England / Victorian era | Law: Laws regarding rape