Skip to main content

A war won & a battle lost… When police treated complaint as dispute, not criminal act

By Gagan Sethi*

The ingenious means of exploitation in tradition-bound villages of Bhal of Cambay taluka could well remind you of the feudal system.
One such tradition was of members of so-called upper caste in the area — the Durbars— paying money to members of another caste — Bharwads —to steal bullock carts of any Vankar who had acquired this asset (also a sign of economic and social mobility).
After the initial shock, he would get the message via community elders (called mahetars) that if he needed his cart back, he should visit the durbar who would ask him to pay Rs1,500 to Rs3,000 in return for the cart.
We heard of such an incident on one of our visits to Pandad village where we were to train a youth group in 1980. We told the group they should file a police complaint. The nearest police station being Cambay (now Khambhat), we asked if there isn’t a rule of law. There is, we were told. One has to seek permission of the durbar to go to the police station. After a lot of cajoling and a day of deliberations — discussions were done about consequences of ‘waging war’ against durbars and chances of not being paid for work on the field — one landless youth agreed. His father had recently died and he said there would be no pressure on him.
A dozen of us went to the police station and registered the complaint before a PSI whose first words were “Patayi do ne…. (just settle it).” Since we insisted and there was a man from the city in the group, the complaint was filed and a copy taken. However, it took us the whole day. The news had reached the village ahead of us. The Vankar elders were angry at such a transgression and were planning to apologise on behalf of these “juvaniyas” (youngsters).
We returned after telling the group that if they needed any help, they could get in touch with us. Five days later, when we had not heard anything, we got worried and rushed to the village. Just as we entered, the youth group gathered around us, very excited, “We have won!” they beamed. Asked what the police did, they said “We have withdrawn the case. The durbar has agreed to return a new cart.” We were shocked! “Did you say ‘won’? We have lost the battle!” we cried. They said that it had been proved that the durbar was a thief. Else, why would he have given them a new cart, they argued. “We have won the war. Now it will never be repeated,” they said.
The matter was treated as a dispute and not a criminal act. This blurring of understanding of ‘Rule of Law’ continues till today and many police stations, taluka and district judges support the process of ‘compromise’ even when the act is blatantly criminal.
Many years later, I was part of the drafting committee of nyaya panchayat Act with Dr Upendra Baxi, a renowned jurist. Everything was drafted, complete with provisions of designated space for women and dalits and having the possibility of trained paralegals at the village level to settle disputes under the frame work of the Constitution and separate criminal offences from dispute resolution. The Act was shelved as the then government preferred the Gram Nyayalaya, creating another rung of judiciary. Its day must come!

*Author is founder of Janvikas & Centre for Social Justice. First published in DNA

Comments

TRENDING

Vishwanath has been unfairly excluded from global list of 100 best cricketers

By Harsh Thakor  Gundappa Vishwanath scaled zones in batting artistry or wizardry unparalleled amongst Indian batsmen. The best of his batting was a manifestation of the divine. He was also the epitome of cricketing sportsmanship. Sadly 40 years ago he unceremoniously bid farewell to the International cricket world, after the concluding test at Karachi in 1982-83., in January end. Very hard to visualise a character like Vishwanath being reborn today His memories are embedded in cricket lovers today when sportsmanship and grace have virtually been relegated to oblivion with the game of cricket turned into a commercial commodity. Today agro and unsporting behaviour is a routine feature Vishy shimmered cricket’s spirituality. His behaviour on the cricket field was grace personified, No one in his age defined cricket more as a gentleman’s game, than Vishy. Vishwanath could execute strokes that were surreal with his steel wrists. His strokeplay resembled the touches of a painter’s brush,

Abrogation of Art 370: Increasing alienation, relentless repression, simmering conflict

One year after the abrogation by the Central Government of Art. 370 in Kashmir, what is the situation in the Valley. Have the promises of peace, normalcy and development been realised? What is the current status in the Valley? Here is a detailed note by the People’s Union for Civil Liberties , “Jammu & Kashmir: One Year after Abrogation of Art. 370: Increasing Alienation, Relentless Repression, Simmering Conflict”:

Reproductive, conjugal rights of women in India amidst debate of uniform civil code

By IMPRI Team  A Three-Day Immersive Online Legal Awareness and Certificate Training Course on “Reproductive and Conjugal Rights of Women in India” is an initiative of the Gender Impact Studies Center (GISC), at the IMPRI Impact and Policy Research Institute, New Delhi, and ran for three consecutive days starting from December 22, 2022 to December 24, 2022. The online paid certification was aimed to provide attendees with an enriching experience on the gender discourse with a special focus on women’s rights and the much-discussed reproductive rights in India.

Covid jabs: Pretexts cited to justify young, healthy succumbing to heart attacks

By Jay Ihsan   Truth is stranger than fiction – when dedicated doctors raised the red flag against the mRNA Covid-19 vaccines, they were persecuted and their concerns barred from being heard. These honest doctors unequivocally made it known the Moderna Pfizer vaccines injure the heart and human body. One of them, Dr Peter McCullough, an American cardiologist, has repeatedly issued the clarion call to people to reject these harmful vaccines. An equally alarmed World Council for Health said the harmful Covid-19 vaccines should be removed from the market and the global inoculation must be stopped. “In Japan the vaccines were not mandated or made compulsory. The vaccines are not safe or effective enough to mandate them. The day the vaccines go away will be a day of celebration,” Dr Mccullough had lamented during an interview with India’s media outfit, Qvive several months ago. Meanwhile, the number of people jabbed with the Covid-19 mRNA vaccines died soon after or have developed lifelong

Gender gap 17%, SC and ST levels of education between 7% to 14% below upper classes

By IMPRI Team  The treatment of school education in a holistic manner and improving school effectiveness in terms of equal opportunities for schooling and learning outcomes has been the aspiration of all and multiple challenges are faced to maintain and provide proper education. On the occasion of India@75: Azadi Ka Amrit Mahotsav, as part of its series- the State of Education- #EducationDialogue, #IMPRI Center for ICT for Development (CICTD), IMPRI Impact and Policy Research Institute, New Delhi organised a special deliberation on The State of School Education In India with Prof Muchkund Dubey, who is the President of the Council for Social Development, New Delhi. The moderator for the event, Dr Simi Mehta CEO and Editorial Director of the IMPRI. The chair of the event was Prof Jandhyala B.G. Tilak, an Indian Council of Social Science Research (ICSSR) National Fellow, the Distinguished Professor at the Council for Social Development, New Delhi and also a Former Professor & Vice-Ch

Rahul Dravid exhibited selflessness in heights unscaled by any other Indian batsman

By Harsh Thakor*  On January 11th maestro Rahul Dravid turned 50. No Indian batsmen were ever more of an embodiment of temperament or grit.as Rahul Dravid. Dravid was the best ambassador of sportsmanship in cricket in his day and age. In his time no Asian batsmen did what the doctor ordered, to the extent of Dravid. Dravid was manifestation of single-mindedess, tenacity and selflessness in sport. One hardly has an adjective to the ice coolness and craft Dravid exhibited in adjusting to the given situation. Rarely did any batsmen exhibit such a clinical o methodical approach to batting.

NHRC blindly followed BSF status report on fencing farmland off Indo-Bangladesh border

Kirity Roy, Secretary, Banglar Manabadhikar Suraksha Mancha (MASUM) writes an open letter of protest against the action taken status report on restriction imposed by the BSF personnel upon the villagers of Changmari near Indo-Bangladesh border: *** I have the honour to inform you that we received one action taken status report dated 11.01.2023 from your Commission in respect of the above referred case from where it is revealed that your authority closed the case based on the report of the concerned authorities. In this connection I again raise my voice as the enquiry in respect of the above referred case was not properly conducted. Hence I submit this open letter of protest for the ends of justice. From the action taken status report of the Commission dated 11.01.2023 it is reported that concerned authority submitted a report dated 18.01.2022 where it is reported that the concerned area comes under the OPS responsibility of BOP Chengmari, 62 Bn BSF and is highly susceptible to trans-bo

Data analytics: How scientific enquiry process impacts quality of policy research

By IMPRI Team  Given the multidimensionality of policy and impact research, tech-driven policy prescriptions are playing a dominant role in the 21st century. As such, data analytics have become integral in this space. IMPRI Generation Alpha Data Centre (GenAlphaDC) , IMPRI Impact and Policy Research Institute New Delhi has successfully conducted a #WebPolicyTalk 6-Week Immersive Online Hands-on Certificate Training Course on Data Analytics for Policy Research, spanning over 6-consecutive Saturdays from October 15th to November 19th, 2022. Along with this, datasets for hands-on learning were also provided for data analysis and learning. Participants were required to make a submission for evaluation at the end of the course, to obtain the certificate. This course comprised hands-on data learning sessions and various expert sessions on data discourses. The course especially catered to data and policy enthusiasts – including students, professionals, researchers, and other individuals lo

Brutal assault on Delhi Univ students as fear grips present rulers on rise of dissent

By Arhaan Baaghi  Various democratic student organizations (bsCEM, fraternity, DSU, SIO, AIRSO) had planned a screening of the BBC documentary "India: The Modi Question" in the Delhi University Arts Faculty, but the guards of the university and the Delhi police along with paramilitary forcefully detained the students just because we were trying to watch a documentary that scrutinizes the role of Modi in 2002 Gujarat riots. At first when the students started screening the documentary, the electricity of the department building was cut down. Students were brutally beaten by the police and university guards. Female students were also brutally manhandled and beaten. This whole incident shows the Brahmanical Hindutva fascist nature of the government and the university authority that is working as its puppet. An activist of bsCEM was manhandled by a male security guard, who tried to pull out his T shirt. Also various female activist were dragged by male security guards and their h

Great march of migrants during lockdown: Lessons not learned, missed opportunities

By IMPRI Team  A panel discussion on “The Great March of Migrants During The National Lockdown: Lessons Not Learned and Missed Opportunities” was organized by the #IMPRI Center for Human Centre for Human Dignity and Development (CHDD), IMPRI Impact and Policy Research Institute, New Delhi on the occasion of International Migrants Day, i.e December 18, 2022. Inaugurating the session, Ms Aanchal Kumari, a researcher at IMPRI, welcomed the speakers and participants to the program with an introduction to the eminent panellists. The event was moderated by Dr Devender Singh, a Visiting Senior Fellow at IMPRI. The panellists included Prof. R.B Bhagat, Professor and Head, Department of Migration and Urban Studies, International Institute for Population Sciences, Mumbai; Prof Arun Kumar, Distinguished Economist, a Former Professor Jawaharlal Nehru University (JNU), New Delhi and Malcolm S. Adiseshiah Chair Professor, Institute of Social Sciences, New Delhi; Ms Akriti Bhatia, Founder of People