Legal modernisation

Singha argues that after 1857 the colonial government strengthened and expanded its infrastructure via the court system, legal procedures, and statutes. New legislation merged the Crown and the old East India Company courts and introduced a new penal code as well as new codes of civil and criminal procedure, based largely on English law. In the 1860s–1880s the Raj set up compulsory registration of births, deaths, and marriages, as well as adoptions, property deeds, and wills. The goal was to create a stable, usable public record and verifiable identities. However there was opposition from both Muslim and Hindu elements who complained that the new procedures for census-taking and registration threatened to uncover female privacy. Purdah rules prohibited women from saying their husband's name or having their photograph taken. An all-India census was conducted between 1868 and 1871, often using total numbers of females in a household rather than individual names. Select groups which the Raj reformers wanted to monitor statistically included those reputed to practice female infanticide, prostitutes, lepers, and eunuchs.

Increasingly officials discovered that traditions and customs in India were too strong and too rigid to be changed easily. There were few new social interventions, especially not in matters dealing with religion, even when the British felt very strongly about the issue (as in the instance of the remarriage of Hindu child widows).^[46] Indeed, Murshid argues that women were in some ways more restricted by the modernisation of the laws. They remained tied to the strictures of their religion, caste, and customs, but now with an overlay of British Victorian attitudes. Their inheritance rights to own and manage property were curtailed; the new English laws were somewhat harsher. Court rulings restricted the rights of second wives and their children regarding inheritance. A woman had to belong to either a father or a husband to have any rights.