Dhanaraj
Research Scholar, Department of History, V.O.C. College, Thoothukudi.
After the dismissal of Ummini Thampi in 1811, Rani Lakshmi Bai appointed Col. Munro, the then British Resident as the Diwan of Travancore. He started to strive hard to eradicate the evils of tyranny, delay and corruption in the administration of justice. The first thing he did was the abolition the Tnsuaff Cutcheries. He took upon himself the responsibility of trying cases.1 Provisions were made in the legal system by which people were able to bring their suits to him. Parties surrounded him everyday demanding justice, which led to serious difficulties.2
Due to many difficulties, the continuance of this system was found impossible. Later on Col. Munro himself realized his mistake and made amendments it by in devising a suitable scheme. A new legal code and procedure for the administration of justice was drafted by Col. Munro in 1811. They were known as “Sattavariolas”.3 They were mainly based on Dharma Sastra, customs and usages prevailing in the country and at the same time, it incorporated some of the good features in the English legal system. On submission of the “Sattavariolas” to Rani Lakshmi Bai for sanction, she promulgated an ordinance for the adoption of the new regulation. She made an exception to it. It was the retention of the system of trial by ordeal, which Col. Munro wanted to put an end to. It was specified that this mode of trial was to be resorted to only in particular cases, that too, on obtaining prior permission form the Dewan.
In the history of Judicial Administration in the Travancore State, the year 1811 is an important landmark4 for the first time in 1811, the Zillah Courts (District Courts) were established. Seven such courts were in Travancore and one of the Zillah Courts was located at Padmanabhapuram. The Dewan was then the supreme Head of all departments. The Zillah Courts were under the orders of the Dewan. The Zillah Court at Padmanabhapuram was also under the control and supervision of the Dewan. There were three judges to try cases along with a Pandit, who was learned in the Dharma Sastras. The Pandit assists the judges in the disposal of cases according to the injunctions of the Sastras. The judges were selected from among the Nayars, Brahmans and Christians. Like other Zillah Courts, the Zillah Court at Padmanabhapuram, tried all cases civil, criminal or police and reported to the Dewan. The approval of the Dewan in each case was necessary to give effect to their proceedings. Till 1814, this patriarchal system remained in force. In 1814, an Appellate Huzoor Court was formed for the hearing of appeals from the decisions of Zillah Courts. “This court still formed rather an appendage of the Dewan’s cutchery than an independent Court of Justice”.5 The Huzur Court was constituted for the trail of public servants who were guilty of acts of omission or commission in the execution of their public duty.
By the award of compensation to innocent persons accused of crime, false complaints in criminal cases were discouraged. Rules were passed to prevent illegal and unnecessary detention of under trail persons in prison. Officers guilty of illegal action against the subjects or of misappropriation of government funds in any manner were removed from office and their properties were confiscated and their persons imprisoned. The designation of the Karyakkars was changed into Tahasildars. The Tahasildars were empowered to try petty police cases in 1817.
The scheme of judicial administration sponsored by Munro was good so far as it went. But, the courts were few and the judges were made to deal with cases large and small in an indiscriminate manner. The facilities for exercising appellate jurisdiction were inadequate. The Munsiff Courts were established in 1831 and were vested with jurisdiction in petty police cases and in civil suits not exceeding Rs. 100 value. In 1832, the Huzur Court was abolished and Zilla Courts were established in its place. A code of regulations was promulgated in 1834. Kuntan Menon, who was appointed Huzur Dewan Peishkar framed it on the recommendation of the Resident.
The whole judicial system was reconstituted in 1881-82 by means of two enactments. The first Travancore Civil Courts Regulations of 1881 remodeled the structures of the Munsiff and District Courts.
In 1847, sub-offices of police were appointed to exercise the powers of the police officer or Tahsildar during his absence for the commitment of cases only. A regulation was passed in 1849, reducing the number of Munsiffs and relieving them of the duty of executing degrees passed by the appeal and Zillah Courts. In 1854, an important administrative change was made. Revenue divisions were formed. The Dewan Peshkars, who were till then doing duty in the Huzur Cutchery in-charge of special departments, were sent out to take charge of them, with powers of general control. They were also empowered to have supervision in all matters of Revenue, Magisterial and Police. They were still subjects to the orders of the Dean as Head of the Administration and Chief Magistrate. Circuit Courts were abolished in 1856 and in their places, Sessions Courts were constituted. Session Courts also were abolished and the Zillah Courts were invested with full powers of the former Circuit of Civil.
In 1861, the British Codes of civil and criminal procedure were declared to be law in Travancore with suitable modifications. The name of the chief court, also called Appeal Court was changed into Sadar Court. The court was divided into two sides, the civil and criminal each to be presided over by two judges. Prompt decision of cases took place as a result of this division. The three Sessions Courts, the five Zillah Courts were abolished. Four Districts Courts invested with both criminal and civil powers were established in their place. Courts of small causes were also established at convenient centers. A set of rules was framed for the guidance of notaries and the sale of stamped cadjans. The work of police officers was controlled efficiently by the Division Peishkars. Jails and Magistrate Courts were established. In 1865, duly qualified vakils were appointed to plead in courts.
Regulation – I was passed for the punishment of offences against the telegraph in 1863. Regulations – II created copy right in books. By Regulations – I of 1864, breaches of contracts by artisans and workmen were made punishable. Another Regulation was passed in the same year, defining the statutes of Vakils, their discipline and rights in relation to the courts. In 1867, a regulation was passed which legalized the employment of vakils in criminal cases.
Single judges of Zillah Courts were empowered to try and determine both civil and criminal cases by Regulation – I. Power to regulate the number civil and territorial jurisdiction of the Civil Courts was conferred on Government by it. It raised the pecuniary jurisdiction from Rs. 200/- to Rs. 500/-. It also vested them with small case jurisdiction in suits relating to personal property of the value of not more than Rs. 20/-. It also declared the decision of the District Court as final, in case of appeal involving money or other personal property not exceeding Rs. 50/- in value. The Sadar Court was reconstituted in the second regulation, making provision for the better administration of justice. The judicial system as modified by the Regulation of 1881-82 continued to exist even during the independence in 1947.
References
- M. Gopalakrishnan, Gazetteers of India, Tamil Nadu State, Kanniyakumari District, Madras, 1995, p. 653.
- T.K. Velu Pillai, The Travancore State Manual, Vol. II, Trivandrum, 1940, p. 514.
- Rules passed from time to time.
- M. Gopalakrishnan, Op.cit., p. 653.
- Ibid., p. 654.
- Ivy Peter and D. Peter, Malayali Aathikkamum Thamizhar Viduthalaiyum (Tamil), Nagercoil, 2002, pp. 166-167.