Law and Religion in Burma

Burma was annexed by the British through the three wars in 1824-1826, 1852- 1853 and 1885-1886. When colonial rule started, it was British policy (as in other British colonies) not to interfere with local religion. The British did not want to create further confrontations. If they had not adopted this policy, there would have been more uprisings and more discontent among the people. And that would have endangered the position of the British. The policy reflected the experience of the colonial administrators in the implementation of colonial rule in India in the 18th century.
The experience gained was included in the provision of the Charter of Mayor Courts granted in 1753. This Charter indicated a reservation to the native resi- dents in the British territories in India of their laws and customs.1 The policy was repeated in the provision of Warren Hastings’ 23rd rule of 1772. It said with regard to civil rights that in cases of marriage, inheritance, caste, and other reli- gious usages the laws of the Koran with respect to Muslims, and those of the Shaster with respect to Hindus, should be invariably adhered to.
This guideline of colonial policy was included in the Act of Settlement in 1781. The Act confirmed the preservation of the religious laws of Hindus and Mus- lims. It directed that all matters relating to inheritance, succession and contract were to be determined for Muslims and Hindus by their own respective laws; and where only one of the parties was a Muslim or Hindu by the laws of the defendant.
The Charter Act of 1833 referred to such laws. It declared that they should be ascertained, enacted, consolidated and amended wherever necessary. In this re- gard a Law Commission was established. This Commission knew that it would be unattainable to bring all people in India under the same law. Therefore the principle of the Commission was “uniformity where you can have it, diversity where you must have it, but in all cases certainty”.2 However, the task of codifi- cation was never completed.
Provisions with respect to religion were found in most of the Acts of the several provinces of India.3 Religious customs having the force of law were also recog- nized in the laws of the Punjab.4 The policy was again put into force in the Government of India Acts of 1914 and 1935. So the preservation of laws in the area of religion was not a new concept when colonial rule began in Burma.