Rambles and Recollections of an Indian Official

by Sir W. H. Sleeman

3. These 'estates of villages' are known by the Persian name of 'mauza'. The topographical division of the country into 'mauzas', which may be also translated by the terms 'townlands' or 'townships', has developed spontaneously. Some 'mauzas' are uninhabited, and are cultivated by the residents of neighbouring villages.

4. In some parts of Central and Southern India, the 'Gārpagrī', who charms away hail-storms from the crops, and 'Bhūmkā', who charms away tigers from the people and their cattle, are added to the number of village servants, [W. H .S.] 'In many parts of Berār and Mālwa every village has its "bhūmkā", whose office it is to charm the tigers; and its "gārpagrī", whose duty it is to keep off the hail-storms. They are part of the village servants, and paid by the village community, After a severe hail-storm took place in the district of Narsinghpur, of which I had the civil charge in 1823, the office of "gārpagrī" was restored to several villages in which it had ceased for several generations. They are all Brahmans, and take advantage of such calamities to impress the people with an opinion of their usefulness. The "bhūmkās" are all Gōnds, or people of the woods, who worship their own Lares and Penates' (Ramaseeana, Introduction, p. 13. note).

5. Very often the Government of the country know nothing of these tenures; the local authorities allowed them to continue as a perquisite of their own. The holders were willing to pay them a good share of the rent, assured that they would be resumed if reported by the local authorities to the Government. These authorities consented to take a moderate share of the rent, assured that they should get little or nothing if the lands were resumed. [W. H. S.] 'Rent' here means 'land-revenue'. Of course, under modern British administration the particulars of all tenures are known and recorded in great detail,

6. Since the author wrote these remarks the legal position of cultivating proprietors and tenants has been largely modified by the pressure of population and a long course of legislation. The Rent Acts, which began with Act x of 1859, are now numerous, and have been accompanied by a series of Land Revenue Acts, and many collateral enactments. All the problems of the Irish land question are familiar topics to the Anglo-Indian courts and legislatures.

7. This proposition no doubt was true for the 'Sāgar and Nerbudda Territories' in 1835, but it cannot be predicated of the thickly populated and settled districts in the Gangetic valley without considerable qualification. Examples of long-established, unchanged, well-known rent-rates are not uncommon.

8. In recent years this task of 'mapping the waves of the ocean' has been attempted. Every periodical settlement of the land revenue in Northern India since 1833 has been accompanied by the preparation of detailed village maps, showing each field, even the tiniest, a few yards square, with a separate number. In many cases these maps were roughly constructed under non-professional supervision, but in many districts they have been prepared by the cadastral branch of the Survey Department. The difficulty mentioned by the author has been severely felt, and it constantly happens that beautiful maps become useless in four or five years. Efforts are made to insert annual corrections in copies of the maps through the agency of the village accountants, and the 'kānūngos', or officers who supervise them, but the task is an enormous one, and only partial success is attained. In addition to the maps, records of great bulk are annually prepared which give the most minute details about every holding and each field.

9. The Permanent Settlement of Bengal, effected under the orders of Lord Cornwallis in 1793, was soon afterwards extended to the province of Benares, now included in the United Provinces of Agra and Oudh. Illusory provisions were made to protect the rights of tenants, but nothing at all effectual was done till the passing of Act x of 1859, which has been largely modified by later legislation.

10. The general principle here stated of respect for personal substantive law in civil matters is still the guide of the Indian Legislature, but the accumulation of Privy Council and High Court rulings, combined with the action of codes, has effected considerable gradual change. Direct legislation has anglicized the law of contract, and has modified, though not so largely, the law of marriage, inheritance, and succession.

11. In the author's time the courts of the East India Company still followed the Muhammadan criminal law, as modified by the Regulations. The Indian Penal Code of 1869 placed the substantive criminal law on a thoroughly scientific basis. This code was framed with such masterly skill that to this day it has needed little material amendment. The first Criminal Procedure Code, passed in 1861, has been twice recast. The law of evidence was codified by Sir James FitzJames Stephen in the Indian Evidence Act of 1870.

12. This proposition, in the editor's opinion, truly states the theory of land tenures in India, and it was a generally accurate statement of actual fact in the author's time. Since then the long continuance of settled government, by fostering the growth of private rights, has tended to obscure the idea of state ownership. The modern revenue codes, instead of postulating the ownership of the state, enact that the claims of the state—that is to say, the land- revenue—are the first charge on the land and its produce. The Malabar coast offers an exception to the general Hindu role of state ownership of land. The Nairs, Coorgs, and Tulus enjoyed full proprietary rights (Dubois, Hindu Manners, &c., 3rd edition (1906), p. 57).