In order to restore normalcy in the State of South Travancore in the days of Rani Gowri Lekskhmi Bai (1810-1815) after the suppression of Velu Thampi’s revolt, the new sovereign felt the imperative need to strengthen alliance with the British in order to improve the administration.1 On their advice the Rani appointed Colonel Munro, the British Resident as the Dewan of the State in 1811.2 He assumed the duties of the Dewan in addition to his responsibilities as British Resident.3 The Resident Dewan had to shoulder a heavy burden. The whole machinery of administration had to be overhauled. Munro’s stewardship marked the beginning of a new era of steady progress. His judicial reforms were many.
The first and foremost duty of a government is the proper administration of justice, but the measures pursued for that great end in South Travancore till the beginning of the nineteenth century were unequal to its attainment. The government and laws of South Travancore, which were under the uninterrupted sway of Hindu rulers, were closely modelled after the Dharma Sastras. The Raja was the recognized fountain of law and justice. But he seldom appeared in public and the administration of the law was entrusted to a staff of revenue, magisterial and judicial officers of the State. There were no regularly constituted courts in Travancore. All civil matters were heard and decided by the Sarvadhikaryakkars or by Panchayats appointed by the Raja or his minister. Their decisions were reported to the Dewan on whose sanction alone the decrees could be executed.
In criminal and police matters local officers made investigations and reported the result to the Dewan who alone had the authority to pass sentence.4 “The Dewan was almost equally inaccessible to complainants. He usually sat in a deep recess in the midst of sepoys and public servants. Persons of inferior caste could scarcely approach him at all, and those permitted to come nearer, were obliged to manifest every appearance of respect and always to offer a present of money”.5 According to the Brahmanical sacred writings the killing of a cow was capital and trial by ordeal was sanctioned,6 as also other practices equally extravagant and absurd. While the punishments decreed were various, cruel, often ludicrous and in reality inflicted according to the caprice of the Dewan and his subordinate officers.7
The punishments were varied according to the caste and social position of the offender. The Brahmins and the Nairs, the privileged classes of South Travancore, were exempted from punishments, no matter what crime they committed.8 Severe punishments were inflicted on the lower classes even for slight faults. Mutilation of limbs was common, and nose and ears were cut off for committing crimes. This was noticed by Ibn Batuta, who visited Kerala in the fourteenth century A.D. “They put a thief to death for stealing a single nut, or even a grain of seed of any fruit; hence thieves are unknown among them, and should anything fall from a tree none except its proper owner would attempt to touch it”.9 The examination of witnesses and of the accused was conducted through viva- voce, and was not reduced to writing. The lower classes were not allowed to enter the Courts and seek justice in a just manner.10 If complaints were admitted, they were not heard properly and redressed.
In short, the vast majority of the people experienced only injustice and oppression. Rani Parvati Bai in her letter to Munro, gives a good account of the condition of the courts that existed in Travancore before the arrival of Munro in the country. “The complaints, the grievances and disputes of the people being heard and settled by the revenue officers were never decided upon justice, but afforded additional means of corruption, bribery and oppression, and as the revenue servants had neither leisure nor integrity to perform the duties of judges, the complaints of people increased every day and there was in fact no administration of justice in the country”.12
The inadequate system of the administration of justice attracted the attention of Munro, who always stood for the welfare of the people. He encouraged the people to take their suits to him for decision. He says “I heard the complaints of the people every day, and they crowded to me in thousands with representations of the most serious injuries”.13 He had to deal with a large number of cases and he found it difficult to continue the system. The cases referred to the Karyakkars were not properly enquired, and when the grievances were not redressed the complainants returned to Munro for his interference.
It was difficult for him to hear all complaints and thought of establishing sound system for the proper administration of justice free from the interference of Karyakkars.14 Therefore he stressed that “The complaints referred to me have become every day numerous, the inhabitants in coming to me for the adjustment of their disputes are unavoidably exposed to great delay and inconveniences and the proceedings of the Karyakkars on the cases referred to their decision are extremely unsatisfactory.” Munro continues to describe the circumstances that made the introduction of a new system for the administration of justice necessary. “The people coming for the redress of their complaints to the Resident or Her Highness the Rani are subjected to great unavoidable inconveniences and the Karyakkars and other Circar authorities are disabled by their avocations from applying a sufficient degree of attention to the investigation and adjustment of complaints – a separate provision for the administration of justice is therefore an indispensablc requisite, an arrangement which is sanctioned by the Shastras and Hindu institutions.”15 He was for the introduction of a regular and permanent judicial establishment in the State to administer justice and devised fixed rules for the same.16 His scheme was approved by the pandits and the Rani.
The Rani felt great satisfaction at the measures adopted by Colonel Munro for the speedy decision of the complaints of the people and to impart to them impartial justice. She requested the Resident to appoint proper officers for the courts and cause the suits of the complainants to be decided without delay.17 The only clause that she was not in favour of was the abolition of the trial by ordeal. In cases of doubts it had been customary to let a party to dip his hand in the melted butter or to receive melted lead into his hand. The Nambudiris practiced this custom frequently and wanted to maintain it. Whenever a doubt was entertained in their cases the fact was ascertained by letting the party to take his oath by dipping his hand in the melted butter at a holy place called Suchindram.18 The Rani wanted to preserve the same rule in the case of similar occurences. Therefore a clause was inserted to the effect that trial by ordeal might be used in particular cases with the express sanction of the Dewan.19
Munro established a court of appeal and five Zillah Courts, which were subsequently increased to eight, for the trial of offences and for the adjudication of civil claims.20 Zillah Courts were established at Padmanabhapuram, Trivandrum, Mavelikkara, Vaikom and Alwaye for the trial of offenders and the decision of Civil disputes.21 A Court of Appeal was established at the capital with five judges, one of whom was the Dewan himself.22 The judges were selected from among the most respectable Nayars, Brahmins and Christians. The District Courts had each of The Appeal Court was established at Trivandrum and was presided over by the Dewan, assisted by three judges.23 The courts were to enquire into all cases, civil, criminal or police, which were brought before them and report to the Dewan who passes orders in each case. Two judges assisted by a pandit controlled the Zillah courts.
A Huzur Court was also established for the trial and punishment of government servants.24 Government vakils were attached to all the courts and they served as channels of communication between the executive authority and the courts. They prosecuted all offenders against the government or peace of the country. Thus the government was divided into two great departments under the direct authority of the executive administered by the Dewan and judiciary, superintended by the court of appeal. This system was attended with the best effects, and it was in no respect hostile to the efficient conduct of affairs.25 The proceedings of the courts were brought to the review of the Resident, which produced commendable results in the decision of cases. The Court of Appeal directed and superintended the other courts and suits against the government were instituted as in private cases.26
Besides, this Court of Appeal for civil and criminal cases was also established. The principal court was ordered to examine all records relating to the procedure adopted by the lower course and forward the verdict to the Raja in order to get it confirmed before the execution of the order. In Civil cases, it was decreed that in case of appeal all relevant records of the proceedings should be forwarded to the principal court. In case of manifest injustice, fresh trial could be ordered by the Court of Appeal.27
The Resident effected certain further changes with the sanction of the Rani. Trials by ordeals was prohibited and investigations into the crime were thereafter to proceed under due forms of law and judgments and decrees were to be based on evidence duly taken on oath in public court.28 Thus Munro effected a revolution with regard to the administration of justice in South Travancore.
– Dr.T.Kala
Department of History, Arul Anandar College, Karumathur, Madurai.
References
1. P. Shungoonny Menon, A History of Travancore, Madras, 1978,p. 296.
2. Ulloor. S. Parameswara Iyer, “ Colonel Munro,” Kerala Society Papers, Vol.II Series 7, November, 1931, p.41.
3. M.V. Abraham, A Concise History of Travancore, Tiruvella, 1942, p. 39.
4. V.Nagam Aiya, The Travancore State Manual, Vol.III, New Delhi, 1906, p.545.
5. Letter from Colonel Munro to the Chief Secretary to Government Fort. St. George dated, 7 March 1818. For. Pol. Proc, Fort William, 17 July 1818, No. 20, F.38.
6. Jacob Canter Visscher, Letters from Malabar, pp. 67 – 72.
7. Walter Hamilton, East India Gazetteer, Vol. II. . 672.
8. M.L. Dames (trans and ed.) The Book of Duarte Barbosa, Vol. II, p.31.
9. M.L. Dames, Vol. II, p. 285.
10. Memorial of the Mission of the L.M.S. in Travancore to Sir C.E Trevelyan, 18 July 1859. Pol. Proc. 1859, Vol.III, pp.128 – 30.
11. Statement of Kuncadicca Pillai, For. Pol.Proc., Fort William, 17 July 1818, No.20,F.101.
12. Letter from Colonel Munro to the Chief Secretary to Government, Fort St. George, dated 7 March 1818. Ibid., F. 53.
13. Letter from Colonel Munro to the Chief Secretary to Government, Fort St. George, dated, 7 March 1818. Ibid., F.54.
14. Ibid, dated, 10, October 1811. Ibid., F. 269.
15. Letter from Colonel Munro to the Chief Secretary to Government, Fort St.George, dated, 10 October 1811. Ibid., F. 304.
16. Ibid, dated, 7, March 1818. Ibid., 17 July 1818, No.20, FF 54 – 55.
17. Letter from the Rani to the Resident, dated, 30 Avany 987 M.E. (1811), Ibid., FF.296 -97.
18. Ibid.
19. Letter from Colonel Munro to the Chief Secretary to Government, Fort St. George, dated 10 October 1811. Ibid., F.89.
20. Ibid, dated, 7 March 1818. Ibid., 17 July 1818, No.20, F 53.
21. V.Nagam Aiya,Op.cit, p.230.
22. Appendix, No.II and III, Kerala Society Papers., Vol.II Series 7, (November) 1931.p.65.
23. Kerala Society Papers.,Vol. II, series 7, (November), 1931, pp. 65 -66.
24. Ibid., Letter from Colonel Munro to the Chief Secretary to Government, Fort St. George, dated, 7 March 1818. Ibid., 17 July 1818, No.20, F 55.
25. Letter from Colonel Munro to the Chief Secretary to Government, Fort St. George, dated, 7 March 1818. Ibid., 17 July 1818, No.20, F. 83 The Zillah courts were stationed at the following places: Nagercoil, Padmanabhapuram, Trivandrum , Quilon, Mavelikkara, Alleppey, Vaikkam, and Alwaye. The number of officers for the hole establishment were 8 Nambudiri orN air judges, a similar number of Christians as assistant judges, a like number of sastries, a number similar of mutiuddies, 16 vakils, 76 pillamars or accountants, and 170 peopns. They were situated nearly in the centre of their jurisdictions. (Lts,Ward and Conner, Op.cit., Vol.I pp.100-1.)
26. Ibid
27. Kerala Society Papers., Vol.II Series 7, (November) 1931 p. 64.
28. Jacob Canter Visscher, Op.cit, p.67.