In the Presence of Witnesses: Petitioning and judicial ‘publics’ in western India, circa 1600–1820

• Published in: Modern Asian studies 2019-01, Vol.53 (1), p.52-88
• Main Author: O'HANLON, ROSALIND
• Format: Article
• Language: English
• Subjects: 18th century; 19th century; Antiquity; Civil society; Colonialism; Community; Courts; Hearing; Justice; Politics; Public officials; Revenue; Witnesses
• ISSN: 0026-749X; 1469-8099
• DOI: 10.1017/S0026749X17000968

British observers of the nineteenth-century panchayat were convinced that it represented a judicial forum of great antiquity, in which petitioners were able to gain local and direct access to justice. They contrasted the panchayat favourably with the delays and frustrations that beset the eighteenth-century East India Company's attempts to channel all petitions through its own courts. This article examines the history of the pre-colonial panchayat in western India and its early modern predecessors. During the early modern centuries, a diverse array of state-level and local corporate bodies made up the landscape for the submission of petitions and the hearing of suits. Although many suits were local in nature, the process of hearing and adjudication itself gave these judicial spaces a significant ‘public’ dimension, and their forms of argumentation frequently invoked general principles of justice and moral order. From the early eighteenth century, the new form of the panchayat came to supersede these older corporate bodies and to reshape the forms of public that gathered around them. The Maratha state, based in Pune, sought firmer control over revenue and justice. State officials promoted the panchayat as a new type of judicial arena, weakening the local corporate institutions and tying them more closely to the Pune court.