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t
In"infanticide
October 1870,
a scathing
editorial
in as
the
Mercury
proclaimed that
is almost
as common
in England
it Derby
is in India"
("Baby-Farm
ers") .This was a damning statement. Since the eighteenth century, the murder
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VICTORIAN REVIEW
^ Volume 37 Number 1
Before offering any critique of how Indian infanticide was read as a crime
by British critics, I will outline the legal context pertaining to infanticide as
well as the key differences and similarities between sex-specific infanticide
and cases of newborn murder where the child's gender was not a factor. As
Martin Wiener observes, there were crucial differences between the post-1860
English and Indian criminal justice systems ( 1^6-92). Most importantly, unlike
in Britain and Ireland, causing the death of another person was always initially
presumed by the Indian courts to be culpable homicide, an offence similar to
manslaughter if wider ranging in its scope. Arguably, this key difference in the
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VICTORIAN REVIEW
^ Volume 37 Number 2
penalized the widows who made up the vast majority of Indian child homicide
defendants, his proposal ran into the same problems that stalled any changes
in the law on infanticide in England and Wales until after the First World War
(Rao; Grey, "Women's"). Interested parties both within and outside the Indian
government were unable to agree on what (if any) was the best alteration to
make to existing law, and there was a conviction among civil servants that any
potential for miscarriages of justice could be avoided by careful (and discreet)
reviews of each case immediately following convictiona practice that was
quietly standardized in India from 1879 onwards (Anagol 92). Although peri
odic recommendations that the law on infanticide be altered were put forward
by Indian lawyers and physicians well into the twentieth century, no changes
India that also linked imperial concerns (particularly those around sexual
morality issues such as sati, the age of consent and marriage, and sex work)
with domestic debates while obsessing over the supposedly uniquely Indian
aspects of them (Burton; Mani; Sinha Specters). Commentators invariably took
pains to distinguish between this crime, labelled "special to the East" (Lyon
34), and the more familiar descriptions of newborn murders that appeared
regularly in Victorian newspapers. In almost every case, the Indian examples
referred to the killing of daughters; only one commentator during the late
nineteenth century ever seems to have suggested that sons might be specifi
cally targeted for murder, and, tellingly, this writer took pains to explain that
such instances were set far apart from both infanticide where the sex of the
child was not a factor and the deliberate killing of girls as a cultural custom.
Instead, she argued that the killing of a babyeither one's own or the child
of a rivalcould be seen "as an angry wife's most furious form of vengeance
for a husband's coldness, neglect, or infidelity," with the misery of the father
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the campaign against satithat summed up the ideals of the British Government
sage until the end of the nineteenth century, for the most part it was believed
that "[its] operation had effected much good, and the excessive mortality of
female infants had been checked" ("East India ... 1880-1881 " o).
Although the forensic pathologist Norman Chevers claimed in 1870 that "the
murder of female children... has, for ages, been the chief and most characteristic
crime of six-sevenths of British India" (7174) and the crime was acknowledged as
occurring across the country, in practice the focus of the colonial administration
ship with the neighbouring region of Bengal, where, Young observed, "female
iii
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Volume 37 Number 2
VICTORIAN REVIEW
problem for those anxious to eradicate female infanticide in India. This attitude
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proved in combating the crime [Jones 88-89]), the act was certainly under
stood across the Islamic world to be forbidden by divine decree.
As part of a larger response to Islamophobic diatribes by British writers,
the Indian scholar Syed Ameer Ali not only reiterated the Qur'an's injunc
tion against child murder (56) but began his text by ascribing the problems
faced by contemporary Indian women to the misogyny he saw as inherent
in Hindu theology and society (4-). Given Avril A. Powell's observation that
Ali, who was on excellent terms with a number of influential British femi
nists during the late nineteenth century and later married an Austrian Jewish
woman, was an extremely radical member of the Muslim intelligentsia, it
might be possible to argue that this perspective represents merely his own
focus on interfaithor at least, inter-Abrahamic faithcollaboration and a
such fetish forms of worship" (7). The district judge of Jullundur informed
his British colleagues in 1896 that to his knowledge "not a single instance has
been heard of anywhere of [Muslims] having killed an infant daughter" (Latif ),
and the following year a lengthy article published by the Pall Mall Gazette assured
readers that female infanticide was unknown among Indian Muslims, while
continuing to be practised in secret by Hindu families, in defiance of Act vm
between 1870 and 1906 that, as Veena Talwar Oldenburg has demonstrated in
her seminal studies of dowry murder and infanticide (Dowry; "Questionable"),
there were a number of Punjabi families found guilty of killing daughters that
were either low-caste Hindus or were from Muslim, Sikh, or Buddhist back
grounds. Yet, on those rare occasions that colonial officials broke with this
consensusas when Captain Bradshaw insisted to his superiors at Jullundur
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VICTORIAN REVIEW
^ Volume 37 Number 2
the massive budget increase such additional staffing would require, and the
bitter resentment that giving more authoritarian powers to the police would
have generated, it is unsurprising that Bradshaw's superior replied that the
proposed remedy "would land us in troubles greater even than have arisen
from the measure, taken to prevent the spread of plague" (Anderson). But
Bradshaw's insistence that the killing of daughters was definitely not confined
to those upper-caste Hindu groups that the British constantly reiterated were
responsible for it cannot have helped his argument and may well have made
his requests easier to dismiss as unrealistic overzealousness. The association
made between Hinduism and female infanticide by British commentators was
retained even in the face of counter-arguments drawing directly on Sanskrit
texts that set out harsh punishmentsboth on earth and in the hereafterfor
those who killed children (M.L. 144-76). Even the pro-Hindu founder of the
London Theosophical Society, Helena Blavatsky, conceded that female infan
ticide by Hindus was "not quite got rid of" (221), thoughin a break with
the usual tendency to exonerate Muslims in this contextshe was careful to
explain that this practice was the comparatively recent result of Muslim inva
sions of India in the seventeenth century that had led to the degradation of the
decision to prioritize the care and feeding of male children over that of their
sisters ("East India ... 1878-1879" 12). By the 1890s, there was even a strong
suspicion among sanitary inspectors of the Punjab that this form of "murder
by neglect" might well have replaced more direct forms of infanticide that were
liable to provoke a formal investigation ("Report... 1893-96" 400; "Report...
189697" 228), and the Times of India railed bitterly in 1893 against the difficul
ties in bringing such suspected cases of fatal neglect to justice ("Infanticide").
Certainly, the 1901 census oflndia, published in 1904, came to the conclusion that
"actual infanticide is rare" and ascribed higher rates of female mortality to "the
and cultural custom, and failed to acknowledge the parallels between this idea
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cities remained commonplace (if not unchallenged) in both popular and elite
forums right up until the First World War (Strange 233-38). Although dealing
with separate regions and opposite ends of the social scale, in both British and
Indian societies, discourses of "murder by neglect" represented the killing of
children as springing from similar causes : failure to control their dominant vices
(identified as greed for working-class Britons and pride for upper-class Hindus)
and failure to conform to the tenets of respectable behaviour.
It is clear that some colonial administrators perceived sex-specific infanticide
as an ongoing and endemic concern in India as a whole between 1870 and 1906.
V.A. Smith, the deputy commissioner of the city of Rae Bareli, complained to
his superiors in 1889 that "the existing arrangements in Oudh are absolutely
powerless to check the crime of infanticide." Indeed, the February report of
the Punjab Home Proceedings for January to July 1900 actually devoted 120
pages to reprinting four years' worth of lengthy discussions of female infan
ticide between British and Indian civil servants about the best way to tackle
this persistent problem ("Arrangements"). Nor were these concerns confined
to the government: the Calcutta periodical Friend of India observed in 1894 that
iour became a symbol of prestige, as indeed the state recognized the high
born through their 'traditions'" (Gender 61). Most importantly, during the late
nineteenth century, it became increasingly difficult for even wealthy families
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The Indian Female Infanticide Act was repealed in 1906, ostensibly on the
grounds that it had proven a success and was no longer needed. Despite the
repeal, detailed statistics relating to marriage and sex ratios with regard to reg
istered births and deaths continued to be gathered by colonial administrators
until 1912, at which point it was argued that "female infanticide may now be
considered a negligible quantity" ("East India 1911-12" 671).The change in the
law was so discreet as to be almost invisible: "There appears to have been no
public clamour for such an action and news of its repeal was barely reported
in the English or vernacular newspapers" (Oldenburg, "Questionable" 109). In
fact, as both Oldenburg ("Questionable" in) and the anthropologist Barbara
Miller have noted, sex-specific neglect of infants remained a serious issue in
north India well into the late twentieth century. Moreover, despite strict laws
against prenatal sex determination in India, prosecutions for this offence have
been negligible. Recent research strongly indicates that the selective abortion
of female fetuses is an ongoing (and probably increasing) problem, and it is
frequently those states, such as the Punjab, that were historically identified with
female infanticide that now display disturbing imbalances between birth rates
of male and female children (see Jha et al.; Kaur).
It is revealing that in the 1877 report on female infanticide in the North
Western Provinces, the magistrate of Ghazipur could refer without any apparent
in the late nineteenth century was that it did not seem to have direct parallels
with crimes committed in the cities and countryside of Britain and Ireland.
In singling out female infanticide and claiming that it was a specifically Hindu
problem, British commentators were not only able to exclude from discussion
those child murders that betrayed the most worrying parallels between condi
tions in Britain and India (save the fact that widows, rather than unmarried
women, were the principal defendants in the latter nation), but could also
reinforce claims that "The Indian empire is the noblest sphere of effort
ii6
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which the world ever presented to the Christian Church, or which that church
can desire" (lms Report for 1870 41).
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