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The ostensible purpose of the Criminal Tribes Act (CTA) of 1871 had been
criminal section of the Indian society. This Act originated from the fact that the
courts declined to accord legality to some of the practices followed by the police,
specific areas. This led to authorizing by the law the same practices. The police
administration of the North Western Frontier Province (NWFP) used this practice
for decades. But in the 1860’s this practice was declared illegal by the court.
Following this the provincial governments of NWFP and Punjab approached the
However in the midst of opposition from the courts the Criminal Tribes Act of
193
1871 was instituted by the Government of India and came into force in NWFP,
early months of 1897, the Government of Madras as per the direction of the
officials of divisional and district administration asking them about the presence
the districts where they have served earlier, necessitate the implementation of
the Maravars and Kallars in their districts, officials of other districts firmly rejected
it on the ground that no such communities inhabited their districts and that the
existing laws were sufficient to tackle the prevailing problems.2 The provincial
level police administration of Madras too rejected this proposal on the ground
that it was impossible to implement the CTA and monitor it with a low paid police
force. It was also pointed out that oppression and misuse of power would follow.
settlements as a statutory obligation for those who would be covered under this
act as impracticable. It also feared that this Act would only drive these
1
Meena Radhakrishna, Dishonoured by History, pp.27-29.
2
G.O.No.473, Judicial, 31 March 1897.
3
Meena Radhakrishna, Dishonoured by History, p.30.
194
underwent a significant change during the first decade of the twentieth century
due to the new developments which took place in the political and socio-
the sack of Sivakasi in 1899 and the determination of the Kallars and Maravars to
re-establish their Kaval rights in the southern districts of the Presidency prompted
Consequently they came out with the idea that it was the loss of the means of
the wrong economic policies of the colonial state in the nineteenth century which
made the people to adopt the criminal way of life. The famines which broke out
in the Madras Presidency, particularly the famine of 1876-1878,4 were also taken
to the colonial state to support the agrarian elite against the challenges posed by
the western educated elite in the urban centres and to suppress those who
4
David Arnold “Famine in Peasant Consciousness and Peasant Action” in Ranajit Guha
Subaltern Studies III, Oxford University Press, New Delhi, 1984, p.68.
5
The 1876-1878 famine was unusually widespread as well as exceptionally persistent. Of the
21 Madras districts 14 were badly affected. They represented 83,000 square miles and
(according to 1871 census) a population of 19 million. It was officially estimated that atleast
3.5 million died in the famine in Madras.
195
Madras Presidency. Finally, the Criminal Tribes Act was introduced in 1914 in
The Criminal Tribes Act of 1871 provided enormous powers to the police
administration over a large number of people. Under this Act, individuals from
themselves and their family members with the police. They were not permitted to
leave their villages without getting a temporary license or pass from the police
which permitted their movement within the district only. This license was to be
registered under CTA was found absent from a village without a license for a
Zamindari tracts, it was the responsibility of the Zamindars to look after the
of this Act was that the administration could not proclaim a community as criminal
and register it unless its members were settled first and provided with a means of
livelihood by the government. This obligation on the part of the government was
ultimately removed when the Act was amended in 1911. Thus the government
The Criminal Tribes Act of 1911 was more comprehensive than the
previous Acts. The 1911 Act widened the powers of the local governments
regarding the implementation of the act. It enabled them to declare any tribe,
196
section or class of people to be a criminal tribe. They could order for the
absent from their home villages at specified times and only allowed to reside at
places approved by the authorities. Persons notified under this Act were asked
to report to the nearby police stations and should stay there for fixed hours.8 The
reporting time was fixed at 11 p.m. and 4 a.m. to prevent them from committing
crimes.
According to a provision of this Act the legal courts had no jurisdiction over
the operation and could not question the validity of notification issued by the
as criminal. A ‘reason to believe’ that the community was addicted to crime was
6
Since fingerprints of all those who were declared Criminals were taken, the Criminal Tribes
Act, in Tamil was popularly known as ‘Rekai Chattam’. Rekai means fingerprints and
Chattam means Act.
7
The Criminal Tribes Act 1911: A Collection of Acts passed by the Governor General of India
in Council in the year 1911, Calcutta, 1912.
8
Ibid.
9
Meena Radhakrishna, Dishonoured by History, pp.37, 38.
197
Ramnad and Tirunelveli, and Valayars of Madurai and Coimbatore districts were
situated very near to Madurai on the western side, popularly known as ‘Keelakudi
Kallars’, who had a strong Kaval control over the inhabitants of Madurai town
were declared as a Criminal Tribe.11 In the next year itself the Piramalai Kallars
taluk of Madurai district were notified under the Act.12 Later on it was extended
to the Piramalai Kallars as a whole.13 By March 1921 the names and fingerprints
of 23,642 Kallars belonging to 848 villages were registered on local police station
rolls.14 Among them those who were registered under Section 10(i)A were
expected to report to a roll call every night at the nearest police station at both
11 pm and 3 am. Those who were registered under section 10(i)B could not
move out of their villages between sunset and sunrise without proper passport.
10
“List of ‘Criminal Tribe’ communities, Bhasha San Shodhan Prakasan Kendra”, cited in
Meena Radhakrishna, Dishonoured by History, Appendix-I; G.O.No.1023, Judicial, 4 May
1914; G.O.No.2233, Judicial, 16 September 1915.
11
G.O.No.1023, Judicial, 4 May 1914.
12
G.O.No.2233, Judicial, 16 September 1915.
13
G.O.No.1331, Judicial, 5 June 1918.
14 th
G.O.No.596, Law (General), 16 June 1921 cited in Anand Sankar Pandian, “Landscape of
Redemption: Cultivating Heart and Soil in South India” unpublished Ph.D thesis, University of
California, Berkeley, 2004.
198
By 1923, 32054 Kallars were covered under this piece of legislation.15 The
Thousands of Kallar men, instead of travelling twice a day in the odd hours of the
night, spent every night sleeping in the verandas of the police stations.
When the Criminal Tribes Act was rapidly implemented by the British
exempt them from this Act since they were peaceful peasants paying all the
consequences” did Kallars come forward and register their names. The Kallars
10(i)A of the Act, which ended in a violent clash between the Kallars of
Perunkamanallur and the police leading to the death of sixteen Kallars including
15
Deputy Magistrate of Madurai to L.Davidson, on 14 July 1920, in G.O.2307, Home (Judicial),
15th September 1920, India Office Records cited in David Arnold, Police Powers and Colonial
Rule, p.253, Ft.No.158; Administrative Report of the Police of the Madras Presidency, 1924,
p.24.
16
E.T.H.Stevenson to Inspector General, 8 April 1920. G.O.1315, Home Judicial (Confidential),
26 May 1920, cited in David Arnold ‘Dacoity and Rural Crime in Madras’, The Journal of
Peasant Studies, Vol.6, No.2, January 1979, p.158, Foot Note No.36; P.Muthu Thevar,
Muvendarkula Thevar Samuga Varalaru, Kakaveeran Publication, Karumathur 1976, pp.285-
286.
199
elaborate statements were prepared regarding the name of the gang or tribe,
and the criminal methods adopted by them. This was one of the ways of the
colonial administration, to justify the application of the Act. Under the heading of
Ramnad district, each family having its well defined area from
which the kaval fees are collected. This kavalship is only a form of
…In addition 85 individuals are known to collect kaval fees from the
17
G.O.No.2233, Judicial, 16 September 1915, p.9.
200
Kallars, the colonial state was pondering over some programmes for the socio-
permanent solution for the century old problem of Kallar criminality. Suggestion
voluntary services. The changes which were taking place among the Kallar
population of Melur taluk located on the eastern side of the district also served as
implementation of the Criminal Tribes Act against Piramalai Kallar was the
colonial government to deal with ‘extreme cases’ among those notified and
settlements for ‘extreme cases’ of criminals, to start with, was attempted by the
18
Ibid., p.20
201
Thuggee and Dacoity department of the colonial state in north Indian provinces
as early as in 1830’s.19 When the Criminal Tribes Act was enacted in 1871 this
more appropriate and experienced for this task.20 As a result, with the financial
Indian provinces.21
criminal tribes notified and registered. As per this strategy ‘Settlements’ were
established in different parts of north India both in the rural regions and urban
centres, and the registered criminals were settled there either forcibly or by
the criminals a taste for civilized way of life and through this wean them from
criminal habits, to make them to understand the dignity of labour by forcing them
to work in agricultural farms and in industrial units, and ultimately making them fit
for the mainstream of social life. However, though high sounding in principle,
19
Meena Radhakrishna, Dishonoured by History, p.17.
20
G.O.No.2233, Judicial, 16 September 1915.
21
Meena Radhakrishna, Dishonoured by History, pp.75-78.
202
asylums.
Kuravars and Yerkulars, the nomadic and itinerant communities of the Madras
Sitanagaram
Stuartpuram
Guntur Guntur district
Kala Chedu
Kavali Nellore district
Aziznagar
Stuartpet South Arcot district
Many factors were at play in prompting the colonial government to plan for
the reclamation of the Kallars. It sincerely felt that it was obligatory on its part to
undertake some sort of social reform measures for the Piramalai Kallars who
were covered under the CTA and subjected to unusual sufferings. Besides they
were very much inspired and motivated by the remarkable changes which took
place in the social life of the Kallars of Melur regions with the availability of water
was the Chief Engineer.23 The first waters passed through the tunnel in 1895 to
reach the lands around Melur region. The Melur Kallars were motivated and
offered with irrigated lands. They held a full caste meeting, discussed at length,
and brought out some changes in their caste rules and accepted the offer.24 By
23
Regarding John Pennycuick and his personal involvement in constructing the Periyar dam,
much information packed with emotion are available from the colonial records. Every section
of the population of Madurai district benefited by Periyar water loved him. Pennycuick too
exceeding the boundaries of his official responsibility considered the dam construction work
as his life time service to the people. He always identified himself with the people. Even
today he is remembered by the common people, and in the Cumbum valley regions in every
house-hold there is a child named after John Pennycuick. Two years ago, when one of the
great grand sons of Pennycuick with his family came to Cumbum region to visit the dam
constructed by his great grand father; he was given a carpet welcome by thousands of
people. He was astonished and emotionally moved to see many a children with his great-
grand father’s name and many wall posters adorning the streets carrying his great grand
father’s image.
24
Gilbert Slater, Southern India: Its Political and Economic Problems, George Allen and Unwin
Ltd., London, 1936, p.36.
204
1901 about 132000 acres of paddy fields, mostly in the drought-prone Melur
Periyar river project.25 This development in turn brought out major changes in
the life style of Melur Kallars. The impact of the Periyar water project over the
Melur Kallars has been described in the Madurai District Gazetteer thus:-
of cattle lifting, with the Periyar water which has lately been brought
that it has succeeded where the army, the police and the
Kallars.26
Kallars too.
wide scale against them, the Piramalai Kallar community became highly
25
Anand Sankar Pandian, “Landscapes and Redemption: Cultivating Heart and Soil in South
India”, unpublished Ph.D., thesis, p.248.
26
W.Francis, Madura District Gazetteer, pp.92-93.
205
boiling situation was accelerated further when eleven Kallars were killed in a
resisted the state’s attempt to register their fingerprints under the provisions of
the CTA. The situation resulted in a violent outbreak of a riot of great magnitude
Besides these factors the Congress party which was organizing the
people towards the non co-operation movement took initiative in politicising the
CTA issue. If it was permitted to develop further, the government feared that
there was every possibility that the entire Kallar community could rally round the
measures, it was further feared, could invite serious problems. Such were the
The outline of the ‘Kallar Reclamation Scheme’ was prepared and given
man of vision he was very meticulous in preparing the scheme. The scheme was
so comprehensive that it incorporated all the essential ingredients for the overall
The formal Kallar Reclamation Scheme was formally initiated in the 1920
criminality came to the conclusion that pressure on land was the most important
reason. Consequently even before the Kallar Reclamation Scheme was given
the final shape, they decided to establish agricultural settlements for the
the provincial authorities in Madras, the settlement became a voluntary one and
the management of the settlement was also vested in the hands of one Edward
working among the Kallar population of Madurai region right from 1833 and was
very near to the settlement were antagonistic towards the Kallar settlers. A
portion of the land reserved for the settlement was already in their temporary
29
Anand Sankar Pandian, “Landscapes and Redemption: Cultivating Heart and Soil in South
India”, unpublished Ph.D., thesis, p.202.
30
Ibid., p.203.
31
G.O.No.2233, Judicial, 16 September, 1915.
207
enjoyment under a different scheme and they were paying an annual tax to the
government as per the government norms. They considered the settlers as their
competitors. Coupled with this problem an epidemic of malarial fever broke out
which killed one child and forced several other settlers to leave the settlement.
By July 1919, the Gudalur settlement had become moribund. Another attempt
was made to open another compulsory settlement in the Melur Taluk of Madurai
district but was soon given up because the authorities realized that this strategy
was not suitable for the Kallars. Consequently in its place a panchayat approach
consisting of staff drawn from both the police and revenue departments. Almost
the scheme. The team of Reclamation staff consisted of one Inspector, seven
Master and four Co-operatives working under one Kallar special officer whose
32
Anand Sankar Pandian, “Landscapes and Redemption: Cultivating Heart and Soil in South
India”, unpublished Ph.D., thesis, pp.212-213.
33
The History of the Madras Police, p.534.
208
Government of the Madras Presidency on 24 February 1920 and one A.K. Raja
Ayyar, known for his sincerity and hard work, was appointed as special officer of
people at large mass meetings were organized in the villages which were
and explained the principles of the scheme. In every village they personally met
the principal inhabitants and enlisted their co-operation.35 “Nowhere else in the
Arnold.36
34
P.Muthu Thevar, Muvendarkula Thevar Samuga Varalaru, pp.291-294.
35
Ibid; The History of the Madras Police, p.533.
36
David Arnold, Police Power and Colonial Rule in Madras 1859-1947, p.145.
209
much enthusiasm and expectation soon gained much momentum. A.K. Raja
Ayyar and some other higher officials personally visited many Kallar villages met
the leading inhabitants and other explained the purpose of the scheme. As a
made responsible for destroying the levy of Kaval fee and Thuppucooli for
the guilty, for sending children to schools and for encouraging the Kallar youth to
Panchayats in 501 Piramalai Kallar villages and with their assistance many
warrants which were long standing were executed.38 Here it is possible that by
this strategy of creating village Panchayats the colonial state was trying to win
over the rural Kallar elite to its side and driving a wedge between the richer and
Kallar children were opened and education was made compulsory for the Kallar
children in the age group of 5 to 12. Parents were also warned with punishments
if they failed to send their children to school. In course the number of schools
37
Louis Dumont, A South Indian Subcaste, 1986, p.27; The History of the Madras Police,
p.533.
38
The History of the Madras Police, p.533.
210
and schools with boarding facilities increased. By 1925 there were about 321
schools functioning and among them four were for the girls.39
Kallar families. Within a short span of time about 3013 acres of land was
distributed and 90 co-operative stores were established. Loans for buying bulls
employment was found for about 5000 Kallars in the tea estates. Regarding the
success of the programme and the man behind the programme J.F. Hall, the
short of all wonderful and I could not speak too highly of it. This
39
P.Muthu Thevar, Muvendarkula Thevar Samuga Varalaru, p.291.
40
Ibid.
211
the work.41
Scheme there were hectic activities and the entire district administration was
sincere efforts taken by special officers like A.K. Raja Ayyar and his successor
positive results. The extraction of Kaval fee and Thuppu cooli system started to
lose ground gradually. Louis Dumont has assessed the scheme in the following
terms:
which the government has put at their disposal. It is also true that
However in a long run many problems creeped in. The functioning of the
the special officer insisted more on reform programmes the police officials
departments was also not to the excepted levels. This bureaucratic rift was well
utilized by the Kallars and the crime rates once again soared. In the agricultural
out their land allotted to them. In course of time the District Police
Gradually the scheme lost its earlier spirit, which was reflected in the increasing
crime rates.43
In the meantime, in the political front pressure for the repeal of Criminal
Tribes Act mounted up. Finally the legislative Assembly of the Madras
Presidency repealed the Criminal Tribes Act on 17 April 1947,44 but only replaced
in both the districts were brought under CTA only individuals of the clan were
notified as criminals and not the entire community. Moreover in these regions
the administration, for the purpose of initial notification and confirmation of the
43
The History of The Madras Police, p.536.
44
Anand Sankar Pandian, “Landscapes and Redemptions: Cultivating Heart and Soil in South
India”, unpublished Ph.D., thesis, p.299.
213
headman and principal inhabitants of the villages. So when the CTA came into
practice the village headmen and the local landlords found themselves with
enhanced power. This was mainly due to the recommendation of the Indian
Ramnad than in other districts. The village headmen of the Madras Presidency
because they combined in their duties many functions such as village magistrate,
be a powerful weapon in the hands of the village headmen. In the long run it was
community who were unable to fulfill the demands of the village headmen
became the victims while the rich and influential but real criminals escaped. The
non-co-operation already existed between the rural police and the regular police
economic opportunities for the Kallars, yielded good results. In Tirunelveli and
Ramnad when CTA was applied over the Kondayankottai, Appanadu and
45
Christopher Baker, ‘Madras Headmen’ in K.N.Chaudhry and Clive Dewey (eds), Economy
and Society: Essays in Indian Economic and Social History, Oxford University Press, Delhi,
1979, p.35.
214
those who would be affected, whose implementation was vested in the hands of
a police administration known for its inefficiency, corruption and partisan attitude,
Tirunelveli and Ramnad districts failed to fulfill the anticipation of the colonial
state. While the Nadar-Maravar conflict was still lurking in the background, the
crimes related to Kaval reached new heights. When the colonial state was busy
with the implementation of the CTA a riot broke out on 17 September 1918 at
Kamudhi in Ramanad district. The reason was the long standing antagonism
Kamudhi with the intention of attacking the Nadars. When the police warned
them they too were attacked and two policemen were killed. Following this the
mob passed through the bazaar street setting fire to the shops and houses.
Twenty one houses and sixteen shops were destroyed and damage to the extent
of Rs.15,000 caused. With the arrival of additional police force the mob was fired
upon resulting in the death of a few Maravars. However, after a few weeks, the
46
G.O.No.293, Home, 20 October 1942.
215
levying Kaval fee in 1917. In 1918, eleven Kavalkarars were bound over for the
same reason.48 This was only the tip of the iceberg as most of the criminal
particularly the Pallars and the Parayars were the worst affected by the Kaval
were caught red-handed in a theft by the Pallars and produced before the village
Munsiff. During the initial enquiry the Maravar denied the charges. But during
the enquiry of the higher British officials the crime was proved and the culprits
had to confess it. When the Collector of Tirunelveli was informed of this crime he
ordered the arrest of those Maravas under CTA. This episode created a lasting
47
Administrative Report of the Police of the Madras Presidency, 1918, pp.13-14.
48
Administrative Report of the Police of the Madras Presidency, 1919, p.25.
49
G.O.No.124, Public (Police), 8 March 1933.
50
K.Ragupathy, “Dalith Thaneluchium Odukkumurai Olippum” (in Tamil) in Puthu Visai, Hosur,
October-December, 2007, p.4.
216
large Marava village, no one can feel that life and property are in
any way secure. The heavy hands of the Maravars falls of-course
mainly on the poor and helpless, but many others suffer and the
of the task that has led the Government for more than a century to
When the colonial government was pondering over the ways and means
51
“Memorandum on the Marava Problem in the Tirunelveli District of South India” submitted by
the Bishop of Tirunelveli, to the Secretary, Government of Madras, 30 April 1932, Notes
leading to the G.O.No.626, Home, 24 April 1945.
217
families of Karikesavanallur had Kaval control over these villages. In return for
their services the Maravar Kavalkarars were allotted four acres of land which was
the Maravars assumed complete control over it and styled the land as Kaval
manyam. In 1920 there was a legal dispute regarding the ownership of this plot.
In course of time this land was brought under his complete control by an
From 1939 onwards frequent clashes took place between these factions.
Apart from this the Kavalkarars of both factions compelled the inhabitants of
these three villages to pay the Kaval fee to them. When the ryots refused to pay
the Kaval fee to one faction they were attacked and looted by the members of the
other gang. Besides illegal extraction were also made by both the factions.
Consequently violent incidents took place on 27th December 1939, 3rd January
1940 and 8th January 1940 in which the properties of the ryots particularly of the
The affected ryots made complaints with the police official against
nineteen Maravars who in turn elaborately narrated the developments from the
52
Letter from District Superintendent of Police, Tirunelveli to the Inspector General, Madras, 2
July 1940 in G.O.No.1252 Home (Confidential) 11 April 1941, TNSA.
53
Ibid.
218
villages and conducted an enquiry. Seventy Adi Dravidas appeared before the
nineteen Maravars only five belonging to one faction appeared for the enquiry.
Towards the end, Joint Magistrate instead of initiating legal proceeding against
the culprits, asked the Maravars to mend the differences existing among
worked out between the two factions of the Maravars all problems would be
solved. This chance was well utilized by the Maravars who appeared before the
Magistrate with a compromise deed regarding collection of Kaval fee setting forth
the terms of their agreement.54 This was accepted by the magistrate who
informed the inspector on 1st February 1940 that he had dropped further action in
this matter. This decision of the joint magistrate was highly criticized by the
higher police officials as unwarranted, failure to recognize his duties and tacit
Kavalkarars, that too in a situation where the Criminal Tribes Act was in
operation, indicate the crucial lapses on the part of the colonial administration. It
54
Vide Appendix, VIII.
55
J.Beckett, Dy.Inspector General of Police to Inspector General, 13 July 1940, G.O.No.1252,
Home (Confidential), 11 March 1941.
219
exhibits the ambivalent nature and failure of the colonial state to utilize the
exposed the void that existed between the higher and lower ranks of officials in
the light was the prevalence of caste nexus and compromising tendency of some
of the higher caste like the Brahmins and the Vellalas with the Maravars. For
Srivaikuntam. This may be due to the numerical inferiority and less militancy of
these communities.
Maravars in general during anti-Nadar riots and against the Marava Kavalkarars
general lost its former vigour and influence. But in some pockets of southern