Page:An Essay On Hinduism.pdf/185
societies? I may say here that part of the work in this direction has been already done by the British Government. The High Courts in India have jurisdiction over certain territories; they enforce part of Hindu law equally on all castes and tribes living in the territory under their jurisdiction. But they also recognize some social customs peculiar to the tribe, and sanction them. Thus though something is done by the British Courts a great deal remains to be done. And why? Because the territorial system has not been sufficiently appreciated. The present political divisions of India have been absurd because they have been due to historic causes.
In order to convert the tribal society into a territorial society it is necessary to make political divisions in India agree as far as possible with the areas occupied by the dominant tribes. To my mind the divisions of India on the lines of languages are the best that could be devised. There are, of course, some castes and tribes which overlap into various linguistic provinces, but this cannot be helped. When such divisions are created and when the native communities in India shall have won self-government, as they are bound to win it in the near future, Indians will make a great deal of social legislation, which at present is practically non-existent. The growth of Indian society and of Hindu law is curtailed by the lack of new laws suitable for the needs of the people. The people are getting a better hearing now in legislative matters than in the past. To these social laws all the people in the territory will be subjected, and thus uniformity will be created in the population. At present the various societies in a territory are governed by tribal laws, but in future they will be governed by territorial law.