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Social Scientist

Prostitutes, Patrons and the State: Nineteenth Century Awadh


Author(s): Kokila Dang
Source: Social Scientist, Vol. 21, No. 9/11 (Sep. - Oct., 1993), pp. 173-196
Published by: Social Scientist
Stable URL: http://www.jstor.org/stable/3520432
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KOKILA DANG*

Prostitutes,
Patronsand the State:Nineteenth
CenturyAwadh
TheContagiousDiseasesActsof1864,1866and 1869wereintroduced
in
Englandas legislationto controlthespreadof venerealdisease among
enlistedmen in garrisontownsand ports.Underthe Acts,a woman
could be identified
as a 'commonprostitute'
by a specialplain clothes
policemanand thensubjectedto fortnightly
internalexamination.
The
prostituteif found suffering
was to be internedin a certifiedlock
hospitalfora periodnotexceedingninemonths.1
Organised public agitationagainst these regulationsfirstcame
about in England in 1869. Till 1886,when the Act was repealed,an
impressive campaign was conducted, which encouraged public
discussionson a wide rangeof social,medicaland politicalquestions.
Britainin the1880ssaw theemergenceand advancement
of the'Social
PurityMovement'thatbroughtintoits ambita largenumberof men
and women.The eliminationof prostitution
and the sexual abuse of
girlsweretheprimaryaimsof themovement.
Thereweretwo streams
which contributedto the movement.One was 'religiousrevivalism'
and the othertheagitationagainsttheContagiousDiseases Acts.2In
England,significantly,
it was the firstpublic issue around whichall
women'sgroupsorganised.In Victoriancodes sexual depravitywas
seen as a threatto themoraland, potentially,
thepoliticalorder.The
upper and middleclasses saw thebehaviourof thepoor as blatantly
violatingthe principlesof the dominantmoralorder.The labouring
classes as a whole were suspectedof sexual licenceand immorality
thatweresoughtto be justified
by theirappearance,manners,customs
and life styles.3For these reasons in Britain,the emphasis fell on
moralchange,reform
and reintegration
ofprostitutes
intosociety.
In India prostitutionhad its own peculiarities.The institutions
investedwithpowersto regulatehad theirown problems.Controland
reformseemed impossibleas therewas an underlyingfearboth of
excessesbeingcommitted
by theadministrative
personneland of the
resultantdiscontent.
In India,thequestionwas based less on morality
or immorality
and moreon governingthe lives of colonizedpeople.
ResearchScholar,Department
of History,JawaharlalNehruUniversity.
SocialScientist,
Vol. 21,Nos. 9-11,September-Novetnber
1993
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174 SOCIAL SCIENTIST

Thisgroupof womenthoughpowerlessand degradedwas potentially


strikingat the veryrootsof the strengthof the British
threatening,
reminderofIndiandisloyalty
empire:thearmy.1857was a consistent
and the need fora strongBritisharmynow seemedalmostessential.
of theBritisharmywas increasedand
Afterthe Mutinythe strength
Britishsoldiersseemed less outnumbered;side by side the need to
controlboth the armyand the 'fallen'womenincreased.The Mutiny
also necessitatedcontrolof all elementsin Awadh since it was the
and
focalpointof rebellion.It thenseemsonlylogicalthatprostitutes,
be
were
to
sought
and
vagrants,
other'outcast'groups,likedestitutes
regulatedand controlled.
efficiently
The discussionthatfollows,focuseson theregionofAwadhand the
NorthWesternProvincesfromthe passing of the legislationin 1868
was
tilltheend of thecentury.It seeks to emphasizethatprostitution
affectedboth by immediatelegislationand by the wider changes
takingplace in thisregion.The lack of a coherentnarrativeis due to
natureofarchivalsourcesavailable.
theunevenand fragmentary
Thoughthereis an abundanceofworkdone on theregionofAwadh
and theNorthWesternProvinceson a numberofthemes,noneseeksto
withreferenceto its regional
of prostitution
explain the institution
peculiaritiesor the changes being broughtabout by colonial rule,
whethersubtle or apparent. Kenneth Ballhatchet'sRace, Sex and
of the
on the-working
ClassundertheRaj (1793-1905)focusesprimarily
of the lock
ContagiousDiseases Acts,Britishpolicy,the institution
hospitals and their relationship with the Lal Bazaars, racial
attitudes,and also raises a large numberof interestingquestions.
Thoughthe firstof its kind,it failsto highlightregionalspecificities
of the Actsas distinctfrompolicy
and the regionalimplementation
his emphasisis moreon theBengal,Bombayand
measures.Further,
Madras Presidencies,with only occasional referencesto the region
under study.4 Veena Oldenberg's study, The Making of Colonial
Lucknow1856-1877,seeks to studythechangesin Lucknow'spolitical
period.5She highlightsthe
and social structures
in the post-Mutiny
of the Mutiny
aftermath
and
the
Lucknow
transformation
of Nawabi
were safety,
legislation
and
policy
essential
of
aspects
where
how social
out
points
state.
She
and
British
to
the
sanitation
loyalty
disease was dealt withchieflyas a medical problemby the British
authorities.
She also tracesto some extentthedisplacementof theold
who could meetthedemandsof
courtesanby a new kindofprostitute
the new rulingelite. Significantquestions,however,remain.What
was the contemporary
perceptionof these women? Who were the
women who took to prostitution?
What were the reactionsof these
womento Britishlegislation?

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PROSTITUTES,PATRONSAND THE STATE 175


A CHANGING INSTITUTION

Thissectionattemptsto focuson theinstitution


of prostitution,
which
functionedon a hierarchicalbasis, marked by peculiar formsof
vulnerability
and subjectto its own internalchanges as well as to
externalpressures.VeenaOldenberg'sworkpointsout thecomplexities
and thehierarchical
divisionsamongthecourtesansof Lucknow.The
tawa'ifswere the highestin rank,accomplishedin music and dance
patronizedby the rulingclasses and the gentry.They were trained
froman early age and excelled in a politeness characteristicof
Nawabi times.They were followedin rankby the womenknownas
thakahiand randi,bothof whom lived in the same bazaar areas and
cateredto thelabouringclasses and thecommoncitizens.Next there
were the khangis,or womenwho observedpurdahbut foreconomic
reasonstookto thisprofession
secretly.6
in Awadh and the exile of Wajid Ali Shah
Britishintervention
after1857resultedin majorchangeswhichalso affectedtheworldof
thedancinggirlsand otherwomenbelongingto thisgroup.Thoughloss
of courtpatronagewas compensatedby thenew taluqdarsand other
noblefamilies,
forwhomaccessto courtesanswas a matterofprestige,
it did changethestatusofthetawa'ifs;theirpositionwas no longeras
commandingas in theolderdays. A largenumberof themno longer
lived in royalhouseholdsbut were only visitedby the nawabs who
could no longeraffordto maintainthem.Sons of thegentrywere not
sent anymorefor lessons on etiquette,7perhaps,also because the
language more usefulforthemnow was English.The tawa'ifsthus
foundthemselveslivingin the same bazaar areas withotherregular
prostitutes. Umrao Jan 'Ada' a novel writtenby Mirza Mohammad

Hadi Ruswa8in 1899is setbothin thepreand post-Mutiny


period.His
protagonistUmraoJan,a tawa'if,noticesthe changesbeingbrought
about in the post-Mutinyera. Her friendKhurshidJan,a publicly
available tawa'iflike UmraoJanmoves up in hierarchywhen she is
takenaway froma fairby a Raja Saheb,who maintainsheras partof
his household.However,the factthatshe returnsaftertheMutinyis
specifiedby UmraoJan,thereasonsare not mentioned.It is possible
thatthisRaja lost his estatesafterthe Mutinyand could no longer
affordto maintainher, so Khurshidwas forcedto come back to
Lucknow.UmraoJantoodoes notreturnimmediately
aftertheMutiny
fromthe fear of being listed as a traitor,as she was at the time
associated withMirza BirjisQadir, a rebel leader of Lucknow who
laterescaped to Nepal. It thusseemspossiblethattherewould have
beena corresponding
shiftin thepositionoftheotherwomenbelonging
to thisgroup.Veena Oldenbergpointsout thattheprofessionbecame
tougherand morecompetitive,
tracingthedeclineof thecourtesaninto
a commonprostitute.9

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176 SOCIAL SCIENTIST

Colonial presenceand resultingchangeshad theireffectson this


institution:theyredefinedthis group of women in termsof their
economicstability,
patronizingagenciesas well as theirsocial status.
The growthof citiesand theemergenceof new social classes changed
thenatureofprostitution.
Itbecamemorewidespreadand conspicuous.
The attitudes towards prostitutionalso changed with economic
growth,populationincrease,labourintensiveindustrialexpansionand
the growth of a money economy. Prostitution,a formof social
exploitation,also increased as did general exploitationunder the
British.Thus colonial presencealteredthe framework
in which this
group of women operated, though earlier frameworkstoo were
characterised
by theirown peculiarities,
oppressionsand insecurities.
Changes would have occurredinevitablywith the coming of the
Britishand thisgroupwould have been redefinedin relationto new
In the
elitesbut legislationresultedin a stateenforcedredefinition.
post-Mutinyperiod the existing social evaluation of this group
continuedbut the previousdistinctions
and hierarchiesamong them
changed. Legislation must have also accelerated the changing
relationshipsof trust,sympathyand old age protectionbetween
patrons and clients.Prostitutionthus emerged solely as a labour
orientedservice.The colonial state'sformalization
of the institution
of prostitutionresultedin correspondingchanges in the mode of
oppression;the state's civilizingmissionon the one hand and its
increasingdependence on the army on the other,resulted in a
contradictory
and uneasyfusionof'morality'
and politics.
That theline betweenprostitution
and destitution
was in factvery
thin,and evidentto someadministrators,
can be seen in thesuggestion
made by the SanitaryCommissionerin 1874.10He proposed thata
special fundbe maintainedfromthemoneyrealisedout of the fines
inflictedon the prostitutes,fromwhich destitutewomen were to
receiveassistance.The acceptanceof theabove proposalby thehigher
authoritiesmeant that they were eitherunaware of the financial
constraintsfaced by the lock hospitals or else this was tokenist
legislationpassed to securea reputation
ofcolonialgoodwill.The most
significantfact is thatdestitutewomen and widows were always
suspectedand ifpossiblekeptunderscrutiny.
The alternativeprovidedby the lock hospitalwas equally problematic,and the destitutewomen's difficulties
increasedunder the
in theCommissioner's
new regulations.These are highlighted
report.
In relationto womenlivingin Kanpurand Allahabadhe wrote'... the
requirements
are verymoderate.However,I would impressupon the
governmentthe necessityof losing no time in erectinga suitable
hospital,as, if theprostitutes
are notproperlyhoused and cared for
when under treattnent,
the hardshipstheyare compelledto endure
undertheexistingarrangements
will spreadalarmamongsttheirclass

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PROSTITUTES,PATRONSAND THE STATE 177

and eventually.. . [it] will be impossibleto induce themeitherto


register
or submitto treatment.'ll
Withthe shiftsin the positionof thisgroup of women,combined
withmajorfinancialconstraints,
a new situationarose. Since a large
numberof thesewomenwerenow homelessit becameimperativefor
the Britishto maintaina safedistancebetweenthemand thesoldiers
rovingin the city.However,the geographicallyunrestricted
display
of soldiers as symbolsof authorityand formsof surveillancewas
consideredmorenecessaryaftertheMutiny.The Commander-in-Chief
approvingly
citedone ofhis officials
as follows:
He does notwish to restrict
troopsto thelimitof thecantonments.
He holdsit to be ofimportance
thatthenativepopulationshouldbe
accustomedto the unrestricted
circulationof Britishsoldiers in
towns and otherplaces. The countrygenerallyand the towns in
India cannot in his opinion; be closed to our soldiers whose
with the neighbourhoodof the cantonmentsin which
familiarity
they reside is of an important advantage in the case of
disturbance.12

The mostapparentchangeresultingfromBritishlegislationand the


need for displaying soldiers was the spatial and geographical
divisionsamongstregistered
and unregistered
Ballhatchet
prostitutes.
informsus that the Lal Kurti was a synonymfor the British
while the termLal Bazaar came to signifythe brothel
cantonment,
area whereregisteredprostitutes
of the regimentalbazaar resided.13
What, however, seems significant is that though registered
prostitutes
wereforbiddento mixwiththegeneralpublic,thesoldiers
could go further
intothecity.Thus whilethenon-military
clienteleof
theregistered
prostitutes
got severelyrestricted,
thesoldiershad even
widerchoices;thisis borneout by evidencethatdisease was spreading
via unregistered
prostitutes.14
The separationofthepublicprostitutes
and cantonmentprostituteswas also perhaps an attemptby the
authorities
to preventimmorality
frombecominga publicspectacleas
inLondon.
Britishpatronageof'dancinggirls'also underwentmajorchangesin
the post-Mutinyperiod. Older formsof Britishadministration
were
closer to the Nawabi cultureand moreIndianized.Nashtar,a novel
writtenin 1790by Hasan Shah,15a residentof Kanpur,is a storyof a
'dancinggirl'KhanumJanwho has to entertain,
thoughreluctantly,
Englishofficers
of theEast India Company.The social and economic
collapse of theold orderis thebackdropof Hasan Shah's novel. The
old orderin thisnovelcoincideswiththeperiodof theinitialchanges
broughtby BritishpresencewhereasRuswa'snovelcorrespondsto the
pre and post-Mutinyupheavals in Awadh. Hasan Shah's work
highlightsthe fact that the relationshipof the Britishwith the
'dancinggirls'was formedon individualbases and carriedstreaksof

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178 SOCIAL SCIENTIST

friendship
and freedom;thisis evidentfromthenumerousinstancesof
conversation
betweentheBritishofficer
Mingand KhanumJan.It must
be pointedout thatthiswas an era when the Britishinteractedwith
thesewomennotas personsunderdirectcontrolofthestatebutperhaps
as membersof the civil society. However, afterthe Mutiny this
relationship
underwent
a drasticchange;thesewomenwerenow under
the controlof the Britishstate and the elementsof freedomand
independencewerereplacedby thoseoffear,controland in 1868,by the
controlof state sponsoredlegal authority.Speculatively,it can be
argued that the areas which were ceded early to the Britishsaw
changessoonerthantheothers.WhatBritishruledid was to distance
both the Britishofficersand the old Awadh elite fromthe tawa'ifs,
thus alteringthe natureof relationships.The changingrelationship
century
withthe Britishwas a gradual resultof the earlynineteenth
moralpressureexertedon the Britishservicegroups while withthe
dislocation.
Awadh elite it was a resultof the pre and post-Mutiny
The tawa'ifsperhaps also lost certainformsof companionshipand
friendship
becausenawabichildrenwereno longersentto them.It was
popularlyfeltthatthosewomenof thisgroupwho wereuppermostin
hierarchywere betteroffduring the time of nawabi Awadh. It is
probablyforthisreasonthattheelementof nostalgiais so evidentin
theworksofShahand Ruswa.
Anothersignificant
aspect evidentfromthese two novels are the
in different
continuing
vulnerabilities
ofwomenwithinthisinstitution
periods.The professionof tawa'ifswas neverfullysecure.Patronage
was not steadyand theprofessiondid notassure themof a sourceof
steady income.In NashtarKhanum Jan'stroupeis displaced three
times in about two years. Even though it seems that by general
standardsand in comparisonwithotheroccupationstheyearneda fair
amount,theirpersonalsafetywas alwaysat stake.At thepointof the
second displacement,when KhanumJan'stroupepatron,a British
leftand theirmain dancerGulbadan also ran away, not only
officer,
was theiran economiccrises,butKhanumJan,hitherto
protected,
was
pressurisedintojoiningthetroupeas an activemember.Laterwhenthe
Britishofficer,Ming, is transferred,
Khanum Jan,who is by now
married,is in constantfearofbeingunableto maintainherhonourand
can foresee troubled times ahead. Umrao Jan, with all her
accomplishments
is equally vulnerable;the man who she runs away
with,in search of a more satisfyinglife,is a dacoit and is finally
caught.Umrao Janhas to set up a household threetimesafterthis
in Kanpur,thenin Faizabadand thenin Lucknow.Umrao
episode,first
Janalso narratesa large numberof episodes about men who took
advantageof the wealthof womenof thisgroup and thendeserted
them.
to liveamongst
BothKhanumJanand UmraoJanfindit suffocating
people of theirprofession.WhileKhanumJanwantsto breakfreein

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PROSTITUTES,PATRONSAND THE STATE 179

orderto lead a lifelike otherwomenfromgood families,UmraoJan


wantsfreedomfromtheownerof thekotha(brothel),so thatshe can
have the freedomof selectingherown clienteleand controlher own
earnings.BothKhanumJanand UmraoJanwantto settledown with
oneman. Ironically,even thoughKhanumJanmarriesHasan Shah
nobodyknowsabouthermarriage,even afterherdeath,whileUmrao
Janreconcilesherselfto thefactthatno man would want to live with
her permanently.
It thus seems thatno alternativeis open forthem
and even iftheydo get marriedit is difficult
or nearlyimpossibleto
reveal the fact.Thoughit was not below the dignityof richmen to
visitthesewomen and to fallin love, it was definitely
degradingto
marryone. Fate plays a major role in the lives of these women.
KhanumJanreconcilesto herunconsummated
marriageas partofher
fate,and so does UmraoJanto thefactthatshe is a victimof family
enmity.The narrators
of bothnovelsuse theidea of fateto avoid any
systematicquestioningof prostitution.
The failureof KhanumJan's
marriageis clearlydue to thenarrator's
own indecision.
BothKhanumJanand UmraoJanare awareoftheirstatusin society
and of thefactthattheyare not in a positionto demand anythingat
all fromit.Whatalso emergesfromthenovelsare theperceptionsof
both the writersand the protagonistsabout womenwho are 'good'.
KhanumJancan onlythinkofgettingmarriedto Hasan Shah because
herchastityand honourare stillintact.And Hasan Shah can takeher
as his wifebecause she is polite,chaste,modestand has a sense of
honour.In shortshe is everything
thatis notcharacteristic
of 'fallen
women'.UmraoJantoo is regretful
about her lifebut is aware of the
factthatonce a prostitute,
she is stigmatized
forever.Curiously,when
UmraoJanreadsthestoryofherlifeas written
by theauthor/narrator
she findsit remoteand perhapseven somewhatfictive.Her response
to his novel is thather truefeelingsare betweenher and God, and
that,whyshouldanybodyeverbelieveher.
Purdahis seen as themostcharacteristic
and distinguishing
markof
thegood and thebad woman.It is also synonymous
withthesafetyofa
woman.KhanumJanexplains-'As God is mywitness,I finditdistressing to go about unveiled,especiallyif somebodyapart fromMing
speaks to me,I feellikedying.'16UmraoJan,however,can no longer
even thinkabout livingin purdah,as thatwould kill her,perhaps
because she has got thisprivilegeof being unveiled.Ironically,the
privilegegained by UmraoJanis at the cost of losing her 'honour'.
Interestingly,Umrao Jan, unlike anyone in Nashtar, questions
marriageas an embodiment
of'honour'forbothmenand women.She is
scepticalabout marriageas definingall that is 'good' because she
senses hypocrisyin all marriedmen who visit her and othersuch
tawa'ifs.But in her mind too the notionof purdah is related with
honourand is symbolicof womenbelongingto good families,so she
praysforthehappinessofthewomensafein purdah.

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180 SOCIAL SCIENTIST


ENTERINGPROSTITUTION

Immenselysignificantin any attemptto study prostitutionis the


backgroundofthisgroupof women.It is evidentthatthisgrouphad a
varied composition.At one level there were women in need of
additionalincomes,and thosewho werevictimsofsocialand economic
distress,like widows and destitutes.At anotherlevel were women
who themselveswere professionalprostitutesand trainedyounger
girls.This groupincludedchildrenof prostitutes
and thosegirlswho
wereboughtby them.Forthisand otherreasonsitmustbe keptin mind
thatthesetwo groups,however,were not well demarcatedand there
were overlaps.The formerpartlysupportedthelatterin termsof the
has to be maintainedbetween
supplyof women.Further,
a distinction
ruraland urban women.The urban women were also divided into
womenfromthecityproperand thosefromthecantonments.
In bothNashtarand UmraoJanthereis evidence of the popular
perceptionsabout womenbelongingto thisprofession.Hasan Shah's
dancinggirlis an orphanedchildbroughtintothe professionby her
grandmother.
Thoughthe familyhad promisedher a verydifferent
life,she is forcedby circumstancesto join thisgroup as an active
member,
becauseofeconomicconstraints.
KhanumJan,whomanagesto
save her honourthroughcunningas well as assure the familysome
income,is stilldeterminedto freeherselffromthekindof lifeshe is
living.UmraoJanon theotherhand is thevictimof kidnappingand
has no choice but to enterthe professionas she is sold to a kotha
keeper.Thusbothgirlsare victimsofcircumstance,
theonlydifference
being thatKhanumJanis maintainedby some Britishofficersand
UmraoJanis a publictawa'if,
butherclientsare menfromthemoneyed
class. The differencein theirpatronsis, however,of significance.
While Khanum Jan could resist the Britishofficerwho was kind
enoughto lethergo, UmraoJanhad no suchchoiceand was underthe
controlof thekothamanager.Bothnovels centreon thelives of only
professionalprostitutes
patronizedby local elites.
Significantly,
thoughUmraoJanmentionspost-Mutiny
changesshe
does not mentiondisease, whichsuggeststhateitherthislocal elite
group was unaffected
by Britishlegislationor thatdisease was not a
preoccupation.Thoughall classes of prostitutes
were vulnerable,the
ones who qualifiedas tawa'ifsor thosecateringto theeliteshad some
fallback. This securitywas also
securityin termsof an institutional
accompaniedby constraints
restricting
theirindividualindependence.
Thus therewas a whole rangeof prostitutes,
thoughlack of archival
materialdoes notmakespecificdiscussionofeachone possible.
but
Prostitution,
it is beingarguedhere,is notmarginalor aberrant,
economically rational behaviour and that labour forms can be
determined by specific crises in rural society and women's
relationshipswith theirsocietyand with towns.17Thereis also a

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PROSTITUTES,PATRONSAND THE STATE 181

great differencebetween prostitutionfor additional income and


prostitution
as theonlysourceofincome.
It seemsimportant
some economicaspects
at thispointto highlight
ofthisregion.Bytheend ofthecentury
populationpressureresultedin
fragmentationand subdivision of holdings at the lower levels.
Economicand social differentiation
which became apparentwas a
resultof relativestabilityof largerholdingsand the morcellationof
smallercultivating
holdings.The social gaps widenedmainlybecause
of theslow impoverishment
of themasses,ratherthantheenrichment
of a few.The periodafter1870saw an increasein rentforcultivators.
From1840to 1870thepricesof stapleproducehad increasedby 25%.
The disturbancesof 1857 were followedby the famineof 1860. The
decade between 1893-1903witnesseda series of crop failures.The
famineof 1896-97was quite severein theN.W.P. and Awadh. Prices
rose sharplyand caused much suffering,
particularlyamong poorer
classes.The last decade of thenineteenth
centuryalso saw an increase
inindebtedness.18
On theotherhand urbanizationresultedin increasingconstruction
activitylike canal building, railways, road building etc. which
provided labour opportunitiesof all kinds. There was also a slow
increasein thepopulationof thisregionuptil1911.Industrialtowns
likeKanpursaw theestablishment
offactories
in 1860.Kanpurbecame
themajorcentrefortheproduction
ofhidesand skin.
Industrialand otherdevelopmentalongsidemass impoverishment,
however, did not create a demand for labour large enough to
of
compensateforsuchimpoverishment
and theeconomicdisplacement
thepoorwas quiteevident.It mustbe remembered
thatduringtimesof
criseswomenlabourersare thefirstto be displacedand pushedout of
to
employment.
However,theyare at all timesexpectedto contribute
familyincomeeitherforsubsistenceor in orderto maintainstandards
of living.Shrinkingemployment
opportunities
and relativelyhigher
incomefromprostitution
thenmakesthelinksbetweenthetwological.
In theregionunderstudysomewomenwho resortedto prostitution
were the cooliewomen, punkhawomen and the milksellers,all of
whom were unregistered. These women also had economic
relationshipswiththe townsand cities.The milksellersand punkha
women visitedthe townsto sell theirproducts.These women,who
visited the areas adjoiningthe cantonments,
were seen as a major
threatby the cantonmentofficials.Britishofficialspointedout that
the soldiersacquired disease as a resultof the 'diseased stateof the
coolie women population... who roam about the stationand are
mostlyunregistered,'19
ratherthanthroughthewomenlivingin towns.
For in Bengal,NirmalaBanerjeepointsout thatrespectableBengali
women did not undertakeindustrialwork and practicallyall such
womenwho workedwereprostitutes.
Therewas openprostitution
near
worker'shomesand mostoftheworkersdid notbringtheirwomenfolk

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182 SOCIAL SCIENTIST

to townforthatreasonZ20
Industrialactivitiesin Awadh perhaps,like
thosein Bengalalso meanttheconcentration
oflabouringclassesin the
new areas under development.These women labourersmay have
engaged themselvesin relationshipswitha similarclass of men in
order to earn more. Speculatively,it can be argued, that where
prostitution
meantadditionalincomeforruralwomen who went to
towns and cities, it may also have kept their social standing
unaffectedin the village. For instanceVeena Oldenbergwritesof
'women who observedstrictpurdahand were marriedbut who for
financialor otherreasonswere forcedintoclandestinerelationswith
men equallydesirousof discretionand secrecy'21(emphasis mine)l
Questionsof importancethatare not withinthe scope of thispaper
remain.How was thisformof social labourviewedby thefamiliesof
these women? What was the additional income being used for?
Statistically,
what was the percentageof increasein prostitution
of
different
kindsduringtimesofcropfailuresor famine?
FromBritishrecordsit appearsthatbothHindusand Muslimswere
foundin equal numbers,thoughregionalpatternsvaried.Indicating
the numericaldistribution
in different
of prostitutes
areas the Chief
Commissionerof Hazaribagh wrote, 'the numberof professional
Mohammedanprostitutes
in Hazaribaghis morethandouble thatof
the Hindus, those of the latter class seem to be hereditary
prostitutes."
While the ChiefCommissionerof Lucknowwas of the
view that amongst 'the prostitutes in the provinces, Hindus
predominated,as the populationof the Hindus was more,but the
brothelkeepersweremostlyMuslims.Thishoweverdid nothinderthe
acquiringand bringing
up ofHindugirls.Also themenwho frequented
these brothels had no prejudices regarding the caste of the
prostitute.'22

Kidnappingand abductionweremajormethodsofforcing
womeninto
prostitution.
At the level of policyand to a small extentin practice,
attemptsweremade by officialsto discoverthesourceof supply.That
a marketexistedwithconstantdemand forsuch an organizedtrade
was all too evident. It was argued that a stolen child was easily
disposed offto prostitutesand brothelkeepers,who 'especiallyin
largercities,pay highlyfora good lookinggirl.. . Infactthenumberof
girlsfoundin largetownswas consistent
withtheidea thattheycame
thereinnocently
[victimsofkidnappingl.'23
Interestingly,
thoughthecolonialauthorities
were seeingthelinks
betweendestitution,
kidnappingand prostitution,
theytookrecourseto
the ideology of lower classes as immorallike theircounterpartsin
Britain.At the level of generalizationit was confirmedfor most
officialsthatthe moralityof nativewomen of the lower castes and
classes was not very high. For instancesthe main practionersof
infanticide
accordingto officials,
wereRajputsand widowsand wives
who gave birth to illegitimatechildren. While Rajputs, it was

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PROSTITUTES,PATRONSAND THE STATE 183

believed,nevergave theirchildreninto prostitution,


the others,that
is widows and wives withillegitimate
children'rarelylet a child be
born, or else the woman along with the child, swell the ranks of
prostitution.
The poor classes practiceinfanticidebecause theyare
poor.'24

STATE,CLASS AND HIERARCHIES

The colonialstateitmustbe remembered


did notspeakwithone voice,
or act with a single motivation.It mediatedbetweendifferent
and
competinginterests-thegovernment
at home,the settlersit had to
protect,the classes which made rulingeasier, and in this case the
prostitutes
who wereexpectedto makecontrolofthearmyand thereby
the functioning
of the colonialstateeasier-but in ways thatdid not
antagonizeany of thesegroups.The statein practicethusfoundthese
womenmoreofservicetothearmythanofanymoraloffense.
Britishclass alliances also played a role when it came to the
question of supervision and treatmentof prostitutes.Officials
emphasize thatthese women in India were farless degraded than
theirBritishcounterparts
and theirinfluencewas considerablein the
community;
theywere convincedthat'unwiseinterference
would be
frequently
resentedevenby theinfluential
classesof people.'25It must
be noted that it was perhaps this same fear that preventedthe
Britishfromregulatingall prostitutes.
Tawa'ifscateringto the needs
of the gentryand noble familieswere never broughtunder these
regulations.
The question of the educationof the childrenof prostitutesalso
revealshow structures
of poweroperatedas well as contradictions
at
the levels of both policymakingand implementation.
While on the
one handitwas considerednecessarytoeducatethesechildrenin order
to ensurebetteropportunities,
on the otherhand it was considered
equally expedientto abide by popular opinion. The missionaries
continued to believe that education would do the necessary to
eradicatethe evil of prostitution.
Rev J.E.Markswas of the opinion
that the Britishcould trustgreatlythe 'results of the Christian
education'26 which they endeavoured to impart. British
own reportstimeand again pointedout that these
administrator's
childrenhad 'a rightto be educatedas othergirls,and thatperhaps
educationmay wean themfromthe lifeof vice'.27Both theseviews
werein practicedismissedby theregimeas the'British'
pointof view,
while it was maintainedthatthe majorityof the Hindus consulted
werein favourofexcludingthesegirlsfromschools.28
The reasonsforthisexpediencywere many.Firstlyit was felt,as
thecollectorof Kurnoolpointedout,that'exceptamong the dancing
girls caste femaleeducation does not exist'.2 For the officialsthe
argumentwas supportedby thefactthatthegroupof 'dancinggirls'

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184 SOCIAL SCIENTIST

was nottoo poorto providetheinstruction


in readingand writingthat
was necessaryforthe trade and thatexistingreligiousinstitutions
were wealthyenough to meet those requirements.
Secondly,it was
reasonedthatto get 'natives'to patronizegirlschoolswas in any case
difficult
and thatthisclass of childrenwould contaminateinnocent
littlechildrenas 'innocency
is gone withthemat a veryearlyage and .
. . that public reasons justifyand demand the exclusion to which the

feelingsof the people will heartilyrespond.'30Thirdly,the question


ofeducationalso indicatesthefearof popularreactionwhichto some
extentcoincidedwithBritishclass alliances.
In essence what the colonial regimemeantwas thathigh ranking
prostitutes
did not need educationas theyhad theirown institutions,
while therestof themcould be excludedfromthegeneralpolicyon
education. This shows the contradictionsin an educational policy
which otherwise claimed that the education of 'natives' would
automaticallyresultin endingimmorality.
Britisheducationalpolicy
was in practicethusmeantfortheupper classes despitethepressure
foreducatingtheentirepopulation.31
Some officialswereof theview thatmaterialimprovements
should
India
be broughtaboutin theconditionofall nativewomenthroughout
forwhicha largeand sustainedeffort
of an 'unsectarianand national
charactershould be made to organizeand stimulatefemalemedical
of nativewomenby
education,and to providefacilitiesfortreatment
women."32
sucheducationof
Therewereapprehensions,
evenregarding
women.It was thoughtthatwomenof otherthangood, thoroughly
respectablefamilieswould be mostdangerous,undesirableand likely
to turnmedicalknowledgeto crininalpurposes.In otherwordsthey
fearedthatwomenfromsuch backgroundswould eitherbe partialto
some prostitutesby keeping disease a secret or even indulge in
regulatingtrade in prostitution.
Respectablefamiliesit was argued
had an aversionto such work.The threatto and by missionarieswas
also real. Missionariesargued thatifit was knownthatfemalehospital assistantswere liable to be employedin such work,Christianstudentswould be withdrawnfromtheirschools.It mustbe notedthatit
was consideredessentialforpracticalreasonsto have trainedwomen,
in orderto mitigatetheadversereactionsagainsttheActsas well as to
ensuresomeinstitutional
discipline.However,by 1899therewereonly
eightwomenwho had joinedthismedicalsection.33
Thosewomenwho wereregistered
residednearthecantonment
and
the othersin the cityproper.The latterwiththe exceptionof a few
were examinedtwice a week in theirown houses by trainedlocal
midwives (dhais), while the formerin addition to their being
examined by dhais, were required to attend the lock hospital.
Structures
ofpowerseemtohaveemergedfrombottomupwards.While
thecolonialregimesupervisedfromabove, thedhaisbelow acquired

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PROSTITUTES,PATRONSAND THE STATE 185

special powers.34It was oftenseen thatthe dhais were partialand


made lifeeasierforsome.
The new divisions amongstpublic prostitutestook the formof
registeredand unregistered
It is, however,questionable
prostitutes.
whetherthosewomenwho wereregistered
and keptforsoldierswere
in anyway assuredofa steadyincome,or eveniftheywereensuredof
one, whetherit was worthlosingso muchof theirindependenceand
beingkeptundersuch stringent
restrictions
and regulations.Thereis
evidence of visitingofficerswho saw themin ragged conditions.35
Whereasregisteredwomenseem to have acquireda privilegedstatus
but were underthe complete-control
of the colonialregime,the less
privileged,
publicprostitutes
werenotunderstrictgovernment
control
buteven theywereno longerindependent
enough.Whattheirposition
was in the freemarketis not known,but since theywere spatially
restricted
to certainareas theirclientsand incomemayhave declined.
Racial distinctionswere also maintainedbetween Indian and
European prostitutes36and extended to hospital employees.The
bheestie
and otherworkersemployedin thehospitalwere givenextra
allowancesforservingtheEuropeansand Eurasiansin comparisonto
theIndians.The roomsof theEuropeanswere also furnished.
Indian
womenservingin lockhospitalswerepaid fifty
rupeesless thanthose
ofotherthanIndianorigin.37
CONTROLLINGPROSTITUTES,INSTITUTIONSAND PUBLIC DISCONTENT

The mainlocal issues whichpredominatedin officialcircleswere the


welfareof soldiers,theimplementation
oflegislation,theextensionof
the Acts to the villages and the tensionsbetweenthe militaryand
civil authorities.All these issues reveal the sensitiveaspects of the
ContagiousDiseases Actsas well as thepracticaldifficulties
occuring
fromthemfortheauthorities
concerned.
Thegovernment
cautionin extending
thescopeoftheActsor thefear
thatthepublicwould be discontented
iftheContagiousDiseases Acts
wereextendedto thefarflungareas,especiallythevillagesis evident
fromthefollowingviewsexpressedin thisreport:
. . . It would be mostinadvisableto bringruralareas and villages
under the rules as it might lead to grave hardships for the
individual; it might lead to serious disturbances of villages
surroundingthe cantonmentif they were subjected to prying
interference
ofcantonment
subordinates.
Let us by all meansprotect
theprivatesoldier,but let us also by all meansprotectthegeneral
rightsof theIndianvillagersand his womankind.'38
What,however,is of importanceis the factthatthereluctanceof the
Britishto move into this area was probablylinked with the larger
problemofbeingunableto classifywomenin thevillages,who visited

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186 SOCIAL SCIENTIST

was notthe
thetownsas labouringwomenand forwhomprostitution
source.
sole sourceoflivelihoodbuta supplementary
thatwhileon theone hand thecolonialstate
It mustbe remembered
on theotherhand,it foundit extremely
pushed towardssurveillance,
forsurveillanceit had set up. The
difficult
to controltheinstitutions
taskand so was controlling
was a formidable
settingup ofinstitutions
them.
period saw the statere-gearingitselfto meetthe
The post-Mutiny
it faced. This is evidenteven in its
new challengesand difficulties
Police and hospitalsboth became
effortsat controllingprostitution.
and weremovingbeyondtheirprovenance.Thus
punitiveinstitutions
weretocontroltheinstitutions
twomajoraspectsofcolonialfunctioning
it setup and thento getthemto controlcivilsociety.The proliferation
of surveillanceto otherareas was a resultof the failureto control
institutions.
That the institutionof the lock hospital was very oppressive is
by a LucknowMunicipalCommitteereportof 1876which
highlighted
pointsout thatthe '. . . the generalregulationgives an openingfor
tyranny
and oppressionto thelockhospital.'39
Though speculatively,it can be assumed thatincidentsof police
Inonecasea youngwidowofeighteen
excessesmusthavebeencomnunn.
metedout
or twenty
suicidedue toill-treatment
yearsofage committed
by thepolice.The case was reportedin all newspapersof northIndia.
in relationto thiscase admits
The reportpreparedby thegovernment
that it could notestablishtheaccusationsleviedagainstthedeceased
widow. It further
admitsthat'therewas no groundfor"ill-treatment"
on thepartof thepolice towardsthegirlbut thecoursetakenby the
police was illegal.'40Veena Oldenbergon the basis of interviews
and beaten'bypolicemen
pointsoutthat'womenwereabused,insulted,
and that there was an increase in disease among women in the
professionafterthe European soldiers began visitingthem.41An
reply to a question regarding the
administrator-Cunningham's
the
of brothelsto checkthe inflowof childrenhighlights
registration
by the
powersofthepolice.He wrote'It is justthissortofinterference
police thatpeople hate and whichno doubtgives rise to all sortsof
oppression.'42
fairswherepeople
Sanitationwas perhapsa pretextforcontrolling
congregatedin large numbers.What authoritiesfeared on such
occasions was people includingwomen campingnear the site and
as well
cantonment
areas.Fairsit mustbe notedwerepublicgatherings
as places of opportunityfor this group of women to choose their
clientelelike marketsand bazaars. On a largercanvas fairswere
importantevents for other 'outcast groups' like vagrants and
destitutes.In Umrao Jana fairis a significantevent to which all
tawa'ifsdressed up and went.KhrushidJanwas chosen and taken
away by Raja Saheb fromone suchfair.

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PROSTITUTES,PATRONSAND THE STATE 187

An annual fairwhichtook place at GuptarGhat in Faizabad was


stoppedin 1860-61by thecommanding
officer
oftheregionwho feared
thathealthwould suffer.43
Thiscontroversy
cameup again in 1873and
was broughtto the noticeof the governmentof India throughthe
newspapers.It seems thatthe militaryofficialswere moreinterested
in closingthefair.The ChiefCommissioner
of Awadh was, however,
of thefairon thegroundsthattheriskof disagainsttheprohibition
ease had beengreatlyexaggerated
He
and maycause publicdiscontent.
somewhatsubtlyremarkedthat'SirGeorgeCouper [a military
officer]
would be able to devise some furthermeans to make Cantonment
regulations no more unpalatable to the people than absolutely
necessary.'44
This instancealso highlightsthe tensionthatexistedbetweenthe
militaryofficialswho were attemptingto extend the cantonment
regulationsto as manyareas as possible and the Commissionerfor
the
whommaintaining
peace was essential.The contestforcontrolling
institution
of prostitution
is evidentfromthefollowingargumentput
forwardby the GovernorGeneralin Council thatthe lock hospitals
should be keptundertheInspectorGeneral-Indian
Medical Services,
insteadof beinghanded over to themilitary
administration
as it was
'in the general administrationof the rules that the difficultyof
theamountof venerealdisease amongthe soldiersreally
diminishing
lies. The real obstaclelies in thefactthatthegreatestnumberof these
womenare not registered.'45
Anotherreportpreparedby theDeputy
Commissionerof Lucknowstates:'Insteadof dealingwiththe whole
questionof Prostitution
as it effectsBritishsoldiers,theyare limited
to the registeredwomen and the extentof disease among them.
UnlicensedProstitution
is complainedofas thegreatevil,butlittleor
nothingis said of whatattemptsare beingmade to bringprostitution
undercontrol.'46
In Englandthe movementforcontrolling
prostitution
was forthe
civil society in general. While in India, Britishbenevolence was
restrictedto soldiers and not extended to the rest of the civil
population. British policy on this issue in India was full of
Ifcontrolswerenecessaryforthewelfareof thepeople,
contradictions.
thenit was essentialto extendthemto all, as in Britain.In reality,
however,theBritishwereunableto universalizeitbecause statecould
notbearthecostand also becausetherewas no consensuson thisissue
betweenthe stateand civil society.However,medicalofficersof the
governmentwere asked to 'give theirattentionto overcomingthe
disease, as being one which is not only injuringthe Army,but the
countryat large.'47
As earlyas 1868 it was pointedout that'. . . it is onlybecause the
is interestedin protecting
government
Europeansoldiersand sailors
thatit is warrantedin spendingpublic moneythisway. Towns that
desire to protecttheircivil population ought to pay for it from

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188 SOCIAL SCIENTIST

municipalfundsand no municipalbody in India would agree to do


this.'48

It musthoweverbe reiteratedthatthoughtheActswereabolished
continuedas beforeand perhapscolonial
in 1888,rulesand regulations
controlbecameeven morespecific.Thus whilegesturesweremade by
couldactuallybe done.Thereasonwas notonly
nothing
thegovernment
apparatusbut
could not set up an efficient
because the government
because of the difficulties of effectivelypenetrating family
boundaries, solving local problems, deciding on the issue of
unregistered
prostitutes
etc.
FINANCING INSTITUTIONS

The financingof statesurveillanceand the financialmaintenanceof


thehospitalswhichwas to regulatethelives of thesewomenwas, in
my view, partlybeing met by the prostitutesthemselves.A careful
vagrants,orphans,lunatics
studyofall 'outcast'groupslikedestitutes,
and prostitutessuggests that a system of cost accounting was
the
adhered to, with detailed calculationsinforming
systematically
ofeventheloss ofan anna to thegainofone. Mostofthese
government
institutionswere self sufficientand got very littlehelp fromthe
In 1868 the Secretaryto the Governmentof India, E.C.
government.
of Awadh,R.H. Davis:
Baylywroteto theChiefCommissioner
feesare
'I am topointout thatat present,
undertherulesmentioned,
whichin thecase of Lucknowat least,are
levied fromprostitutes
believedto meetto a greatextentthecostoflock hospitalsbothfor
and thecity.Ifthoserulesbe supercededby theAct
theCantonment
be impossibleto continue
XIV of1868as proposed,it willapparently
will be theresult.'49
to levyfeesand a largeadditionalexpenditure
was to pay a feeof rupeestwo per
prostitute
Thus everyregistered
mensem,whereas,everybrothelkeeperpaid a feenotexceedingrupees
of India abolishedthefeeson
five.In September1873theGovermment
thegroundsthatthepaymentmade fromthewages of theprostitutes
oflockhospiwas nota legitimate
sourcefromwhichtheexpenditure
of 1868.50It was considtalscould be metaccordingto theregulations
ered illegitimate
on thegroundsthatany feeslevied and utilizedfor
fromsuch an immoralact as
purposesof maintainingan institution
prostitution.
wouldin essencemeanlegitimizing
prostitution
Though the fee was abolished in 1873, in actual practice the
maintenanceof the lock hospitalsand the crises of fundsfaced by
authoritiesmade feesand finesimperative.The Lucknowauthorities
maintainedthat fees had always been taken and that it was 'not
unreasonableto requirewomen when well to subscribetowardsthe
expensesof thehospitalswheretheyare treatedwhen ill. The cost of
thehospitalis a greatdrainon themunicipalfunds.'51

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PROSTITUTES,PATRONSAND THE STATE 189

Despite the urgencyand the need forincreasingthe numberof


resultedin the closingof a numberof
hospitals,financialconstraints
lock hospitals.The lockhospitalat Bareillywas closed in 1871due to
to bear thecost.In
or themunicipality
theinabilityof thecantonment
1877theLucknowcitylockhospitalwas closedand thecityprostitutes
register.52
brought
on thecantonment
The other source of income fromthis group of women for the
government
was fromthefinesleviedfromtimeto time.All personsof
thisprofessionwho did not registerthebirthof theirchildrenwere
liable to a fine.The brothelkeeperas well as the prostitutehad to
have primafacieevidenceunder Section373 of the Penal Code for
convictedfor
Further
any prostitute
childrenundertheirpossession.53
breachof any of theruleslaid down by theActswas to pay a fineof
foreightdays with or without
rupees fiftyor sufferimprisonment
labour.54
butalso finedthem
The colonialregimenotonlytaxed55prostitutes
Thusnotonlyweretheprostitutes
services,in
and made feesnecessary.
termsof social labour and conditionsof services,dictated by the
colonial regime,it also had controlover theirincome.Interestingly
enough fines were also taken for non-attendencein the case of
registered prostituteswho consorted with European soldiers.
Prostitution
was thustreatedas a formoflabourserviceby thecolonial
state and to that extent,fined in termsof wage cuts forevading
necessaryserviceas in any otherformof labour.At anotherlevel the
extraction
of 'surplus'fromthisgroupof womenwas perhapsseen as
deprivedand dependent.
essentialto make thegroupfeelcontinually
questionsremain:were thesemonetaryimpositions
Some significant
whichcontinuedeven afterthe
and carefullyworkedout regulations,
repeal of the Acts,perhapswiththe same force,responsibleforthe
lack of any kind of resistance from amongst the ranks of the
prostitutes?
It was pointedout in 1871,thatsinceJuly1870 a fineof
but only rupees
rupees two had 'been imposed fornon-attendance',
eighteenwere realised of rupees sixty,and eleven women were
'The ordinaryclass of prostitutes'
commttted
to jail fornon-payment.
'are so miserablypoor, that
magistrate,
accordingto the cantonment
fines can only be realized with great difficulty.'56Did this
weak groupofwomenthenmanage
and organisationally
economically
in theformofbreakingrules,non-attendance
to offernon-cooperation
and evasion of fine payments?At anotherlevel the constantfear
amongstBritishofficialsof discontentamongstpersonsof thisgroup
however,ineffectual.
may itselfindicateits abilityto offerresistance,
THE NATUREOF DEBATES:IN BRITAINAND INDIA

In Britainthe agitatorsorganizingforthe repeal of the Contagious


Diseases Acts were able to garner public support and opinion,

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190 SOCIAL SCIENTIST

The 'Ladies
challengingthe act as immoraland unconstitutional.
Manifesto'denouncingthe Actsas a blatantexampleof class and sex
discrimination
arguedthatthe'Actsnotonlydeprivedpoorwomenof
theirconstitutional
rightsand forcedthemto submitto a degrading
internalexamination,but theyofficially
sanctionedmale vice.'57The
campaignalso drewa largenumberof womenintothepoliticalarena
forthe firsttime,who challengedcentresof power like the police,
parliament,medicaland militaryestablishments.
Britishpopular opinion about prostitutionin India found its
expressionin a lengthyletteraddressedto His ExcellencytheMarquis
of Landsdowne,Viceroyand GovemorGeneralof India,beforehe left
Britainto assumeofficein India.It expressedtheconcemof thepeople
about thecolonialstates'legitimising
of prostitution
by legislation.It
requested the Governmentof India to repeal the cantonment
regulationsunderwhichtheActscontinuedto operate.It pointedout
thatprostitution
whichhad been regulatedand licensedin morethan
70 places in thecountrycontinuedunchangedeven aftertherepealof
theActof 1868.It also requestedtheGovernment
to amend thepenal
code to ensure the protectionof girls till the age of sixteenas in
England.This letterwas signedby a largenumberof people ranging
frommembersof parliament,recordersof London,lecturers,
a rural
dean of Child Welfare, town councillors, gentlemen,bankers,
confectioners,
grocers,clerks,clergymen,
merchants,
chemists,bakers
etc.58

In India however,theentiredebatewas carriedon by and amongst


officials, with the missionaries occasionally making their
contributions.
Humane attitudeswere not completelymissingand
effortswere made, inspiteof pragmaticinterests,to controland if
possibleend theinstitution
were not
of prostitution.
The nmssionaries
concernedwithmakingconcessionsforthe soldiers.Rev J.E.Marks
wrote:
I speak as a missionary,
dergymanand a schoolmaster.I offerno
palliationfortheindulgenceoflust,forsinsof flesh.I do notdesire
thatthe governmentshould smoothenthe path of the sinneror
legalize sin. We would still use every argumentthat our holy
religionindicates,everypersuasionthatwe can employ,to deter
people fromthissin.59
EducatedIndianopinion,whichdoes findreflection
in someBritish
debates over the methodsand the extentof application of these
regulations,was dismissed as 'inauthentic'.There is, however, a
markedcontradiction
in Britishpolicy:thoughtheywere guarding
some of the interestsof the landed gentryand middle classes they
discardededucatedIndianopinionas notrepresenting
popularviews,
even thoughthiseducatedsectionwas partof theirsystemof making
class alliances.The Britishreactionsto thedebate whichwas carried

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PROSTITUTES,PATRONSAND THE STATE 191

out in thenativepresswas peculiar.Theyfeltthatjournalistsin India,


as elsewhere, were very dangerous political advisers and
hypocritical.
In officialcirclesit was oftenquoted thatthejournalists
had 'justlearntenoughofourprinciples
to throwthemintoourfaceand
theyin no way represent
realnativeopinion.'60
In Englandtheinstitution
of prostitution
was seen as a productof
social problemsincludingpoverty,unemployment,
low wages and so
the need was felt to rehabilitatethis group of women. In India,
however,Britishadministrators
saw the prostitute
as havinga place
in societyand so feltthe institution
could be maintained.The basic
difference
betweenprostitution
in Englandand India,whichformed
thebackboneofcolonialpolicyon thisissue is besthighlighted
in this
reportpreparedbygovernment
officials:
In arrangingforthesupervisionand treatment
of thewomenofthe
townin India,an amountofcarefulness
is required,i.e. perhapsnot
requiredin England. The popular feelingtowards themis very
in the two countries.In England theyare outcastsand
different
separatedbya wide moralas well as socialgulffromtherestofthe
community.In India, however,thoughthereis a distinctline of
separation,theconditionof thesewomenis farless degradedand
in thecommunity
theirinfluence
oftenconsiderable.'61
Thus in India the Britishprimarilyconcentrated
only on eradicating
disease.
The reasonforBritishapprehensionlay in theirconvictionthatin
Awadh, prostitution
was an acceptedinstitution
and so theyhad to
maintainit. Evidenceof popular reactionscan be derived fromthe
followingreportpreparedby theDeputyCommissioner
of Awadh in
relationto the regulationsnecessaryforcontrollingthe childrenof
prostitutes.
He wrote:'I have thehonourto informyou thattheresult
oftheenquiriesI have made,lead one to believethatpublicopinionis
not sufficiently
advanced to call on its own partforany interference
withso long establisheda practiceas thatunderconsideration,
and
if theywereenforcedwould do moreharmpolitically
circumstances,
than good socially.'2One Mr Cunninghamfurther
added 'not only
would therebe practicaldifficulty
in dealing withprostituteswho
have childrenin theirhouses but thatany interference
would be far
frompopular'.63
Therewerearguments
and counterarguments
regardingthelivesof
prostitutesand whethertheyshould be allowed to have and keep
their children.64While some Britishofficialsfeltthat regulations
were essential as prostitutionwas a life of misery,conscious self
degradation,ill-treatment
and loneliness,the argumentused against
any interference
was thata child provideda companionand some
supportto theunfortunate
prostitute
in herold age. The government,
however,feltthatchildrenshouldbe givenan opportunity
forjudging

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192 SOCIAL SCIENTIST

on theirownbeforeentering
uponsucha life.TheDeputyCommissioner
of Awadh thoughtthat'beforethestateinterferes
by legislation,it is
bound to satisfyitselfthat in preventingthese evils it will not be
substituting
fargreaterevils.'65It was feltthatunlessprostitution
was
regulated,it would penetrateand corruptrespectabledomesticcircles
as soldierswould findotheroutletsfortheirlust.66Thisargumentwas
based on thefactthatthereis a certainamountof 'viciousinclination'
amongmen whichifnotsatisfiedwould be channelledintootherand
moredangerousdirections.67
Itmustbe notedthatin Victorian
England
too, such notions prevailed and were later attacked by social
movementspressuringthe stateto repeal the Acts and accusingthe
stateofmaintaining
double standards.68
Anotherobjectionto any formof interference
was based on the
argumentthatany controlof prostitutes
or of femalechildrenof an
immatureage would tend to encourage infanticide.It was also
believed, accordingto one official,thatHindu law recognizedthe
adoptionofa daughterby a dancinggirlbutnota son,thoughno such
evidencewas availablein thetextsin theirpossession.For thosegirls
who were attached to temples,some controllike registrationof
templesand a limitto thenumberof womenwerethoughtessential.It
was, however,seen as a social customwherethetrainingof girlsat a
youngage seemednecessarytoattainskilland perfection.69
There is thus not one but several notionsof prostitutionin the
administrators
debates.One emphasizedits functionalnecessity;the
second saw it as immoral,henceargued forits completeeradication;
thethirdtriedto mediatebetweenthetwoby emphasisinglegislation
and prostitution
as immoral,while at the same timelegitimising
its
existence.Yet anotherline of thoughtemphasizedthe more socially
consciouslinkagesbetweenpovertyand prostitution
but was unableto
solve theproblem.At a verybasic level whatremainedunsolvedwas
thequestionofmorality.
The argument
centredon whatwas moraland
whatwas immoraland whatwas thenatureof thedividingline.Was
this group of women immoralor did circumstancedefine their
immorality?
Was a government
enforcing
legislationless moralthan
onenotdoingso?
IN CONCLUSION: THE CONTRADICTIONS

It is thus evident that the Britishwere not ready to tamperwith


customsor practicesforfearof popularreactions.The Britishtriedto
introducesimilarnotionsof prostitution
as in theircountrydefiningit
in terms of either immoralityor social problems,all the while,
however,maintaining
a distinction
because in India theysaw it as an
integralpartof society.Yet theyfailedto eithercontrolprostitution
or to themselvesaccordprostitutes
thestatusand positionwhichthey
believedwereaccordedto thembyIndians.

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PROSTITUTES,PATRONSAND THE STATE 193

Though the Britishwere using some similar categories as in


wereobvious,as throughout
theywerealso
England,thecontradictions
as it existedin Englandand
in theinstitution
noticingthedifferences
of fearof popularreactionsand theneed to
in India. The combination
and therewas a gap between
led to contradictions
controlprostitution
policy and practice.It must also be emphasized that at all times
alongsideregulationsthe Britishwere talkingabout theirfailureto
controldisease.Whatwas perhapslackingin termsofsuccessfulpolicy
was a sizeable publicopinionand the failureof the
implementation,
tounravelthefactors
causing
authorities,
consciouslyor unconsciously,
prostitution.
and apprehensionsof the Britishofficialsare
The contradictions
stoodin
numerous.The beliefthatsexual appetitewas uncontrollable
directoppositionto theirperceptionof it as a moral problem;the
emphasison sexualitybeing partof theprivatedomain contradicted
its being continuouslymade public via colonial regulationsand
debates;while the fearthatany systematicintrusionwould change
thecomplexionof theissue intoan explosiveone remainedconstant.
These are all evident in the followingcitationfroman unnamed
in a printed,officialreporton prostitution:
administrator
I . . . do not thinkthat it is eithernecessary or expedient wholly to

put a stop to the practice.I mustconfessto an almostinvincible


treatment
of thissubjectby law. Whenlaw
repugnanceto a further
the
domain
of
morals
theyare sure to failunlessthey
intrudesinto
in society,whichis
are providedby a strongprevailingsentiment
not the case here. Next to laws passed forpunishingerroneous
personsnone have produced more perniciouseffectsthan those
passed, fromthe most benevolentof motives,forthe purpose of
curbing the bodily appetite. And of all bodily laws the least
ofpositivelaw are thesexual .... Moreover
amenableto thefetters
of
thoughthereis muchdiscussionin thepapersaboutthetreatment
girlsunderten,I findno stresslaid on thefactthata manis guiltyof
rape. I cannothelp thinkingthateitherthey[laws] will be merely
will
inefficacious
or beingworkedtogetherby fallibleinstruments
producean amountof intrusionintomatterson whichpeople are
justly sensitive which will be absolutely intolerable. Mere
legislationnot followedby action would be simplygiving legal
If followedby further
sanctionto the prostitutes.
actionit would
It would
givean enormouspowerto thewholeclasswhomiteffects.
cause an irritating
interference
withmanytransactionsof private
life.70

in India thenreflectswhat has been


The debate on prostitution
describedas the 'movementof a complex and shiftingideological
centredon reform
and altruism',
a resultofcolonialrule,
configuration
marked with varied intentionalities,71and a product of class

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194 SOCIAL SCIENTIST

alliances. Encapsulated within the ideological configurationwere


some of thecharacteristic
of
relationsof colonialism-sectoralization
knowledge,power and subjection.These ideological configurations
resulted from'the materialconditionsof colonial expansion and
consolidation, as also from the contradictions,affiliationsand
differences
betweencolonialrulersand theindigenouselites'.7
Even if it failed,the colonial statebelieved thatit had a duty to
deal withtheproblemof prostitution.
Bothin Britainand Germany,73
movementsagainst legislationsaw state regulationas an official
endorsement
of a dual standardof moralityformenand women,and
beyondthisas a symbolforsexualenslavement
of thefemalesex as a
whole.In Awadh whatemergedwas thenotionofthedominanceofan
effeteand immoralaristocratic
orderwhichwas to be replacedby a
new orderas partofits civilizingmission.The Britishlegal systemin
India was an instrument
of coercion.Its underlyingprinciplewas
'modernity'
whichin actualpracticewas repeatedlycompromisedyet
it did bring about a fundamentalchange in the existingsystem.
Legislation on prostitutionended up entailing an extension of
patriarchyby the state.
I wouldliketo thankDr Mapd Siddiqiforhis guidancein writing
partsofthispaperfor
myM. Phil.Coursework.I wouldalso liketo thankKumkumSangariforhercomments
on thefirstdraftofthispaper.The responsibility
fortheviewsexpressedremainmine.
NOTES AND REFERENCES
1. JudithWalkowitz,Prostitution
and VictorianSociety:Women,
aass and State,
(Cambridge:
CambridgeUniversity
Press,1980),p. 2.
2. Shiela Jeffreys,
And Sexuality1830The SpinsterAnd Her Enemies:Feminism
1930,(London:Pandora,1985),pp. 6-7
3. Francoise Barret-Ducrocq,Lovein theTimeof Victoria:Sexuality,
Class and
Genderin theNineteenth
Century,
Translatedby JohnHowe, (London:Verso,
1991), P. 9.

4. KennethBallhatchet,Race, Sex and Class UndertheRaj. ImperialAttitudes


and Policiesand TheirCritics,1793-1905,(London:Wiedenfieldand Nicolson,
1980).

5. Veena Oldenberg,TheMakingof ColonialLuckow 1856-1877,(New Jersey:


Prinreton
University
Press,1984).
6. Ibid.,p. 136.
7. Ibid.
8. MirzaMohammadHadi Ruswa,UmraoJan'Ada', (Delhi:Rajkamal,1975).
9. Oldenberg,
7heMakngp. 137.
10. Foreigndept.,GenB Feb.1874No. 138.
11. Homedept.,PubMay1871No. 33-34.
12. An official
forwards
a copyoflettersto thegovernment
oftheN.W.Provincesof
Agraand Oudh;Homedept.,SaniJan.1888No. 2741.
13. Ballhatchet,Race,Sex p. 11.
14. A replyby an Oudh officialto theChiefCommissioner's
queries,Home dept.,
Pub4 March1871No. 112-113.

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PROSTITUTES,PATRONSAND THE STATE 195


15. Hasan Shah, Nashtaror TheNautchGirlTranslatedby QurratulainHyder,
(Delhi: SterlingPublishers,1992).
16. Ibid.,p. 63.
17. See Colin Jones,'Prostitution
and the Ruling Class in eighteenthcentury
Montpellier;
HistoryWorkshop
6, (1978),p. 7-28.
18. See DharmaKumar,ed. TheCambridge
Economic
History
ofIndiac. 1757-c.1970
Vol.2, (Cambridge:
Press1983).
CambridgeUniversity
19. Homedept.,Pub 29thApril1871No. 83-95,and Pub29thMay 1871No. 33-34.
20. NirmalaBanerjee,'WorkingWomenin ColonialBengal'in RecastingWomen
ed. KumkumSangariand SudeshVaid,(Delhi:Kali forWomen1989),p. 295.
21. Oldenberg,TheMaking,
p. 136137.
22. Homedept.,JudlJuly1873No. 151-205.
23. Ibid.
24. Ibid.
25.*Homedept.,Pub20thFeb1868No. 112-115.
26. Ibid.
27. Homedept.,EduNov 1878No. 61.
28. A reportpreparedby someofficials
ibid.
collectively,
29. Ibid.
30. Ibid.
31. See Sir CharlesWood's Despatch,(1854)on educationwhichwas seen by the
Britishas conferring
upon the 'natives'of India vast moral and material
blessings.
32. Homedept.,PubMay1887No. 188-194andMedIDec 1887No. 76-83.
33. A report,
Homedept.,MedlJune1899No. 80-92pg.969-79.
34. Homedept.,Pub27thMay1871No. 33-34.
35. Homedept.,SaniAug 1876No. 44-45.
36. See Ballhatchet,
Race,Sex Chapter4.
37. Homedept.,MedlJune1899No. 80-92pg.969-79.
38. Homedept.,SaniOct1899No. 207-214.
39. Homedept.,SaniAug 1876No. 414-415.
40. The complaint was lodged by the fatherof the girls with the Chief
Commissioner,
Foreigndept.,GenB Nov 1872No. 16-17.
41. Oldenberg,TheMaking,
p. 141.
42. Homedept.,JudlA April1872No. 109-111.
43. Homedept.,PubSept1873No. 89-97,andPubFeb1874No. 100-1.
44. Homedept.,PubFeb1874No. 100-101.
45. Homedept.,Pub4thMarch1871No. 112-113.
46. Homedept.,SaniAug1876No. 44 45.
47. Homedept.,SaniJan1888No. 27-31.
48. Homedept.,SaniJan1882No. 5-8.
49. Homedept.,Pub20thFeb1868No. 112-115.
50. Homedept.,SaniAug 1875No. 1-5.
51. Ibid.
52. Homedept.,Pub4thMarch1871No. 112-113,and SaniNov 1877No. 1-2.
53. Homedept.,JudlJuly1873No. 151-205.
54. Homedept.,SaniMarch1877No. 13.
55. Oldenberg,TheMaking,
p. 165.
56. Homedept.,Pub27thMay1871No. 33-34.
57. Judith
Walkowitz'Male Viceand FeministVirtue:Feminismand thePoliticsof
Prostitution
in Nineteenth
CenturyBritain'HistoryWorkshop
13 (Spring1982),
p. 80.
58. Homedept.,JudlDec 1899No. 337-341.
59. Homedept.,Pub20thFeb1868No. 112-115.
60. Homedept.,JudlJuly1873No. 151-205.

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196 SOCIAL SCIENTIST


Homedept.,Pub20thFeb1868No. 112-115.
Homedept.,Judl1873No. 151-205.
Homedept.,JudlApril1872No. 109-111.
Ibid.
Homedept.,JudlJuly1873No. 151-205.
Ibid.
Ibid.
TheSpinster.
and Jeffreys,
See Walkowitz,Prostitution
Homedept.,JudlJuly1873No. 151-205.
Ibid. .
KumkumSangari, 'RelatingHistories:Definitionsof Literacy,Literature,
Englished.
Genderin early19thcenturyCalcuttaand England'.Rethinking
SwatiJoshi,(Delhi: Trianka1991),p. 32.
72. Ibid.
Pastand
Stateand Sodetyin ImperialGermany',
73. See R.J.Evans,'Prostitution,
Present,
70,1976.

61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.

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