A runaway slave is one who escaped his/her master often with the intention of getting
rid of his/her bondage. There is abundant literature on runaway slaves in America and
Africa. The advertisements for runaway slaves, the underground railroad which was used by
them to escape and the separate communities of runaway slaves called maroons form
an important part of the historiography of slavery in these
countries. In India, however, we come across cases of runaway slaves only on rare occasions. In fact, running away
was never a particularly successful form of obtaining freedom from slavery in the
18th century Maratha kingdom. There were other more successful means. In traditional Maratha
society, slaves achieved freedom in three ways: first, by marriage with a free person; second,
by giving a surrogate slave in one's place and third, by death. It was difficult to escape
bondage by running away. Sometimes the slaves were shackled to prevent them from running
away. Runaway slaves, if caught were sent back to their masters. If the owner of a runaway
slave could not be determined, the slave became the property of the government and
sheltering a runaway slave was a crime punishable by
fine. Nevertheless, slaves did runaway in
the Maratha kingdom. A few fugitive slaves from the Maratha country ran away to
Portuguese Goa and some from Goa came to the Maratha
country. However, there is substantial evidence to suggest that most of the slaves in the Maratha kingdom ran away not to
escape bondage, but to improve their conditions of enslavement. Slaves ran away from
their masters only to take refuge with families of higher status who could not only keep
and protect them, but also treat them in a better
way.
The East India Company recognized slavery in its territories by passing a law in
1798 that both Hindu and Muslim slaves were to be governed in accordance with the
principles of Hindu and Muslim law
respectively. Thus, by recognizing that slaves were the
property of their masters, the company perpetuated the traditional system. In 1812, the
Bengal Government outlawed the import of slaves into Bengal in accordance with the Slave
Trade Felony Act (1811) of the British Parliament. It also directed the Bombay Government
to overtake a similar regulation which was accordingly done by enacting the
Bombay Regulation 1 of 1813. After ratification of the regulation, contentious
interpretations regarding the enforcement of rights of the masters over runaway slaves emerged among
the judicial and administrative establishment of Bombay. A number of cases about
runaway slaves, especially from neighboring princely states, who had taken refuge in British
territory were discussed by the officials of the Bombay Presidency. |