A FOOD FOR THOUGHT OLD LEGAL CLASSICS

M.G. Arora*

The relationship between a good publisher and enlightened authors depends on the faith and trust and both deserve to be respected by each other. Once Dr. Radhakrishnan (then Vice President of India) visited his publisher’s office of M/s George Allen and Unwin in central London UK without any prior information. The chairman of the company was Sir Stanley Unwin whose room was on the first floor of the publishing house. The receptionist came running up to inform the chairman “Sir, Dr. Radhakrishnan has arrived in our office.” On hearing this Sir Stanley ran down the stairs hurriedly and welcoming the celebrity visitor who had arrived unannounced in his office said, “Sir you could have phoned to us and we would have welcomed you properly.” Dr. Radhakrishnan replied, “You are my publisher. I don’t need any formal welcome. Your office is like my own.” Such was the relationship between the author and the publisher.

Similarly, almost once a week Maj. Gen. Nilendra Kumar one of our distinguished authors and I meet to exchange our views on matters of common interest over a cup of coffee. During one such meetings on 28th April, 2007 he casually enquired from me as to which are the old books printed during the nineteenth century in English on Indian Law and are still relevant and referred in courts.

This question became a food for thought to me. I had never applied my mind to such a question nor had such a query flicked at me earlier by any of our authors, legal professionals or members of the book industry throughout my career of over fifty-five years in the book-trade. I appreciated the topic which gave me an opportunity to undertake a research on the matter. I put off all my routine works and appointments. I was restlessly searching for the answer to the question. In the course of my research I found that the first law book was published in Sanskrit about two thousand years ago. It is well known that Manu Smriti is regarded as the oldest codification and Manu is recognized as the first law–giver. But the topic at hand was different—to name the titles published in English during 19th century.
I then scrutinized the chronological list of Acts enacted during the British period on Indian laws. During the period when the British took the reigns of the Indian administration, they took to framing laws. But the question before me was quite different. I went down to my showroom—an exclusive Law bookshop in Connaught Place to search the voluminous earlier published books. While going through the racks, one book caught my attention. It was a newly revised edition of a title recently released. The print line prominently put on its Jacket announced 128th year of publication. The book was ‘Sir W. H. Rattigan’s Customary Law’. Leafing through the pages of preface and foreword I found that the author had completed the research work on the subject and brought out its first edition in the year 1880 (one hundred and twenty-eight years back). I am glad to say that “Universal” is the proud publisher of its 16th edition and possesses its copyright. While going through the foreword of its 15th Edn. by Justice (Dr.) Bakshi Tek Chand, I noticed that its 7th edition was revised by Sir William Rattigan, son of Sir Henry Rattigan who was a judge for a number of years at the Punjab Chief Court. Later he became the first Chief Justice of Lahore High Court. The 16th Edn. (2007) of this book is on stands. It will be interesting to note that many customs prevailing much earlier in India still hold good as statutes. The Privy Council in a case decided in the year 1941 described the work as a “book of unquestioned authority on the subject”.

Perusing through the preface of another book by Sir John D Mayne, ‘Hindu Law and Usages’ I noticed that the first edition of this work was published in the year 1878 and now its 15th Edn. 2003 is one of the standard works on the subject available in the market.

No doubt one of the most standard commentary on Hindu Law authored by Rt. Hon’ble Sir Dinshah Mulla was published soon after the nineteenth century in the year 1912 is now in its 20th Edn. 2007.

The sources of Hindu Law were derived from (1) the Shruti (2) the Smriti and (3) Customs which are prevailing and still relevant and referred in law courts. After the Constitution of India came into force on 26th January, 1950, many eminent jurists suggested that Hindu Law should be codified and accordingly Hindu Code bill was introduced and subsequently enacted during the years 1955-56. Hence all editions published subsequently contain also section-wise commentary on codified laws mainly Hindu Marriage, Hindu Succession, Hindu Adoptions and Maintenance and Hindu Minority and Guardianship, yet the importance of original Hindu Dharamshastras continue to hold good. Appendices I & II relating to Samaskaras in Smrities and Succession according to Mitakshara Law have been retained in view of their historical importance.

The topic entrusted to me was so interesting that I could not divert my attention and I continued to research commentaries published during 19th century.

Next, I glanced through a book named ‘R.A. Nelsons Indian Penal Code’—The Indian Penal Code 1860 which deals with crime and punishment. The author came out with its first edition soon after the Code was enacted. Although this work was published one hundred and forty-seven years back, this classic is still continuing with its 9th Edn. 2003.
I continued my research relentlessly and started reading preface, foreword and introduction of various books on statutes enacted during 19th century. Next title which came to my sight was ‘Sir John Woodroffe & Syed Amir Ali’s Law of Evidence’ now in its 17th Edn. 2001 the first edition of which was published in the year 1898. Soon after in early 20th century two standard works on the subject were published—one by Chief Justice M. Monir published in 1936 now in its 14th Edn. 2006, and the other by M.C. Sarkar & S.C. Sarkar the first edition of which was published in 1913 now in its 16th Edn. 2007.

Next a book titled ‘Sohoni’s Code of Criminal Procedure’ came to my sight; the first edition of this classic appeared in the year 1873, which stood the test of time ever since its first edition was published. Now its 20th edition has been published during 2001–2002.

I shall be failing in my duty if I do not mention the names of celebrated authors Ratanlal & Dhirajlal. Both authors joined hands to write initially for law students and brought out two Text books ‘The Indian Penal Code’ (1st Edn. 1896) now in its 30th Edn. (2004) and the other title named ‘The Law of Torts’ (1st Edition 1897) now in its 25th Edn. (2006) and just one year after the end of nineteenth century the authors brought out a lawyers edition, known as ‘Law of Crimes–A Commentary on The Indian Penal Code’ the first edition of which was published in 1901. The work was dedicated to the sacred memory of Lord Macaulay, founding father of the Indian Penal Code. The book is now in its 26th Edn. 2007.

No doubt Ratanlal & Dhirajlal’s name is a household name with law schools, libraries and professionals. Another text book by Ratanlal & Dhirajlal took birth in 1930 on ‘Code of Criminal Procedure’ now in its 17th Edn. reprinted in 2007.
Another recognized and honoured commentary on the Indian Penal Code titled ‘Penal Law of India’ by Dr. Sir Hari Singh Gour the first edition of which appeared in the year 1890 is now in its 13th Edn. 2006.
Food for thought as the caption of this write up has no destination. It is a journey and ongoing process. I therefore implore all readers, authors, law students, professionals and publishers to contribute to this topic. I shall certainly request the Editorial Board to consider their inclusion in the future issues of this magazine.

I recall a quotation of Justice Dr. Bakshi Tek Chand who once said that “The book is the real child of the author who never dies unlike humans”.

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* M.G. Arora is the founder of Universal Book Traders, Delhi and Chairman of Universal Law Publishing Co. Pvt. Ltd. Recipient of the Distinguished Booksellers’ Award, Excellence in Law Publishing Award, Special award for Lifetime Achievement in the Book Trade. His name has been recorded in Limca Book of Records for being the First Non-Lawyer in the Service of Legal Profession for more than 50 years.