What is Ilbert Bill? - An Introduction
In 1873, before the introduction of the Ilbert Bill, the British government made a trial with the Indian magistrates by involving them in the death or transportation cases, which were tried by high courts. In 1883, the Ilbert bill was introduced by Sir Courtenay Pergine Ilbert, who drafted the bill during the tenure of Viceroy Ripon. In Indian history, the introduction of the Ilbert bill created many controversies among the Indians and British. This Ilbert bill allowed the Indian judges to handle the trials of British and Europeans.
The Indian judges were experienced enough for handling the civil service to preside over the cases. This created great anger among the European community. This article provides detailed information about the Ilbert bill, with controversies and resolutions of the bill.
About Ilbert Bill 1883
Ilbert Bill 1883 was mainly proposed to allow senior Indian magistrates for the trials of Europeans in India. This bill was weakened and compromised by many Britishers. It was enacted by the Legislative Council on 25th January 1884. The deepened opposition created bitter controversy between the Britishers and Indians. It created a stimulus for the formation of the Indian National Congress. Meanwhile, the proposal of the Ilbert bill became an initiative for violent protest among the Calcutta European business community and the Bengal indigo planters. This protest created huge sympathy among many officials. The British government announced that about half of the European jury should act on the British subjective cases. This announcement created a new political dilemma among the westernized Indian middle-class people.
The Ilbert Bill Controversy
The Ilbert bill created the possibility that trials of Europeans can be headed by Indian judges. So, Europeans felt the proposal of this bill made them inferior. Also, this bill created anger and resentment among the Europeans. The introduction of this bill also created violent protests among the Calcutta European business community that comprised tea and indigo plantations. These violent protests attracted the sympathy of many officials. Due to this controversy, huge racial discrimination occurred among the Indian and British judges and racial prejudices were widespread at the time.
Some of the English females also extended their support to the Indian judges, as they got trust from Indian judges to deal with such cases. So, these acts received considerable support against the bill. English women who opposed the bill created arguments among the Bengali women and said that they were ignorant and neglected by their men. They mentioned that Indians do not have the right to judge cases involving English women.
Bengali women stood against the claim to support the bill by mentioning that they were more educated than the English women, who opposed the bill. Meanwhile, they pointed out the Indian women with the highest academic degrees. It is important to mention that, in 1878, the University of Calcutta became the first university in India to admit female graduates in its post-graduation programs. Later, British universities also followed the same.
Resolution Against Conflicts of Ilbert Bill
Most of the British population and especially women opposed the Ilbert Bill. They stood together against the act of Viceroy Ripon and had forced to pass an amendment to have at least 50% of Europeans among the Indian panel of judges for the trials of the Europeans.
Finally, the Britishers came to a compromise, wherein the government has announced that the European jurisdiction would be conferred on the European and Indian District Magistrates and Session courts. Meanwhile, they also announced that they have the right to claim at least half of the panel members be European. On 25th January 1884, a British government bill was passed and it came to force on 01st May 1884.
The resolution among British people created huge controversy and deep opposition among the British and Indians. This action of the British was spread over the various part of India and set a new stage for the Indian freedom struggle. Within the next two years, many great leaders from all over India gathered together and established the Indian National Congress.
Conclusion
This article covered detailed information on the Ilbert Bill, who created the bill, what was the reason behind the Ilbert bill controversy, how the British viceroy tackled and provided resolution against the controversy of the bill in detail. This bill focused on providing equal opportunity to the Indian Judges to handle the cases of the Britishers but with this we also come to know another form of discrimination against the Indian Judges who were experienced and qualified but still considered as inferior to handle the cases of the English Women.
FAQs on Ilbert Bill
1. What was the Ilbert Bill of 1883 in simple terms?
The Ilbert Bill was a proposed law in 1883 during the British rule in India. Its main purpose was to allow senior Indian judges and magistrates to preside over court cases involving British or European subjects. Previously, only European judges had the authority to try Europeans, which was a clear example of racial discrimination in the legal system.
2. Who introduced the Ilbert Bill and under which Viceroy?
The Ilbert Bill was drafted by Sir Courtenay Peregrine Ilbert, who was the law member of the Viceroy's executive council. It was introduced during the tenure of Lord Ripon, the Viceroy of India at the time, who supported the bill as a move towards removing racial inequality in the judiciary.
3. Who were the main groups that opposed the Ilbert Bill?
The bill was fiercely opposed by the European and Anglo-Indian community in India. Key opponents included:
- British tea and indigo plantation owners.
- Business professionals in cities like Calcutta.
- British officials who believed in racial superiority.
4. Why did the Ilbert Bill cause such a major controversy?
The controversy arose from deep-seated racial prejudice. The European community viewed the proposal to be judged by Indians as a humiliation and a threat to their authority. They launched an aggressive campaign against the bill, exposing the hypocrisy of British claims of equality. For educated Indians, this organised racist backlash was an eye-opener, revealing that justice and equality were not applied equally to them under British rule.
5. Was the Ilbert Bill passed in its original form?
No, the Ilbert Bill was not passed in its original form due to intense pressure and organised protest from the European community. The government was forced to amend the bill with a compromise. The final version stated that if an Indian judge were to try a European, the European accused could demand a jury where at least half of the members were Europeans. This significantly weakened the bill's original intent of establishing equality.
6. What was the most important long-term impact of the Ilbert Bill controversy?
The most significant long-term impact was the rise of organised Indian nationalism. The controversy showed educated Indians that they could not expect fairness and equality from the British government. The insult and anger they felt motivated them to create a nationwide political organisation to fight for their rights, which directly led to the formation of the Indian National Congress in 1885.
7. How does the principle behind the Ilbert Bill relate to modern ideas of justice?
The core principle of the Ilbert Bill—that a judge's authority should not be limited by their race—is fundamental to modern legal systems. It directly relates to the concept of 'equality before the law', which is a cornerstone of the Indian Constitution and most democracies today. This principle ensures that all individuals, regardless of their nationality or background, are subject to the same laws and judicial processes.
8. What did the Ilbert Bill controversy reveal about the nature of British colonialism in India?
The controversy starkly revealed the contradiction at the heart of British colonialism. While the British often claimed to be on a 'civilising mission' based on liberal values of equality and justice, their rule was fundamentally built on a racial hierarchy. The fierce opposition to the bill showed that when these two ideas clashed, the preservation of British racial prestige and power was prioritised over the principle of equality for their Indian subjects.
