Imperial Violence, Law, and Compensation in the Age of Empire, 1919–1922

Abstract

AbstractThe intricacies of modern compensation procedures that value human life, injury, and property are often overlooked, despite growing demands for reparations and justice following state violence. This article historicizes the legal structures of modern compensation, arguing that the advent of imperial rule was characterized not only by the extraction of material resources and labour, but also by the discriminatory construction and implementation of imperial law, which sought to protect European life, wealth, and property. By focusing on one of the most notorious episodes of violence in British imperial and modern South Asian history – the atrocities committed by British officials in Punjab (1919), including the Jallianwalla Bagh massacre – this article underscores how British officials penalized protests and freedom struggles by legalizing indemnities, taxes, and fines to compensate European families. In contrast, colonial officials grossly undervalued the claims and payments of Indian subjects killed or maimed during state violence, if they did at all. Furthermore, this article reveals how imperial state compensation, managed in relative privacy and buried in legal proceduralism, was rooted in legal structures of intersectional racialized inequality, and political concerns that valued the longevity of imperialism, rather than a meaningful gesture of justice and redress.