MeraPahad Community Of Uttarakhand Lovers

      Kidnapping and killing of adulterated women in British Garhwal
            British Administration in Garhwal   -135
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History of British Rule/Administration over Kumaun and Garhwal (1815-1947) -155
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            History of Uttarakhand (Garhwal, Kumaon and Haridwar) -989
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                              By: Bhishma Kukreti (History Student)

               Kidnapping of women and children were common and business for many ones specially in Bhabhar region. In Garhwali king period, men were free for killing heir wives if she was caught for extra marital relation with other man. Taking forcefully other’s wife was also common in many communities and regions. There were fights in such cases.
    In 1819, Government by law, banned killing of adulterated women. Government notified that the killer would be punished and would be hung till death. Government declared that the husband should send complaint to the commissioner for his adulterated wife and government would punish the criminals.

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References 
1-Shiv Prasad Dabral ‘Charan’, Uttarakhand ka Itihas, Part -7 Garhwal par British -Shasan, part -1, page- 313 -333
 2- Atkinson , Himalayan Districts , Vol 2 pages 507-520

          Prisons in Garhwal and Kumaon in British Rule   

       British Administration in Garhwal   -137
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History of British Rule/Administration over Kumaun and Garhwal (1815-1947) -157
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            History of Uttarakhand (Garhwal, Kumaon and Haridwar) -991
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                              By: Bhishma Kukreti (History Student)

    Trail and Gardner established prisons in Shrinagar and Almora. After Pauri becoming capital of Garhwal, authorities established prison in Pauri. Government erected remand rooms in Police posts at Shrinagar, Lansdowne, Kotdwara, Pauri, Devprayag and Joshimath.
  In 1816, Trail repaired Shrinagar prison and started system of handcuff and foot cuffs for taking accused.   
               There was improvement for prisoners in 1817. Government sanctioned 3 paise instead of 2.5 paise on daily food expenses on a prisoner. Government decided offering one blanket each to a prisoner for a year. Government made provision for Rs.18 annually on clothing to each prisoner. Government alos provided a Dhoti or bedsheet, two mats, a bed and Rajai  annually to each prisoner. The old clothing and bedding used to be burnt every year. The maximum annual budget for a prisoner was rs20.
  Due to new rule, for five years, there were lesser crimes in hills. However, by 1821, the crime rates started increasing or might be that officials started recording crimes properly.
  Bird criticized the Trail administration that many so called accused were cuffed without any strong evidence. There was no written procedure for recording the crimes and in most of cases; there was no hearing for criminals in court. Those criminals were used as slave labor for years. People named Trail administration as Trail-Gardi (. People started desiring rule by Sudarshan Shah in Garhwal and Chand rule in Kumaon.
  At the time of 1857 movement, Ramsey used prisoners as  loaders for English citizens came to Hills for taking shelters. Ramsey promised those prisoners that if they worked properly they would be freed from jails. 

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References 
1-Shiv Prasad Dabral ‘Charan’, Uttarakhand ka Itihas, Part -7 Garhwal par British -Shasan, part -1, page- 313 -333
 2- Atkinson, Himalayan Districts, Vol 2 pages 507-520
3-Pande, Kumaun ka Itihas
4-Pre Mutiny records, Kumaun 1817, part-1, vol.10

       
                        Serious Crimes in British Garhwal

                  British Administration in Garhwal   -139
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History of British Rule/Administration over Kumaun and Garhwal (1815-1947) -159
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            History of Uttarakhand (Garhwal, Kumaon and Haridwar) -993
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                              By: Bhishma Kukreti (History Student)
    British Government appointed Trail as the commissioner of Kumaon and other officials on 1st august 1817. East India authorized Trail for taking decisions for all crimes barring murder, conspiracy murder by family members, dacoities, insurgencies types of serious crimes under Regulation 10. Governer general was supposed for appointing additional commissioner for serious crimes in Garhwal and Kumaon. However, there were negligible serious crimes in Uttarakhand and the Company did not appoint the judicial commissioner.
             In 1828, British authorities ordered for Bareli judicial commissioner for taking cases of serious cases of Kumaon region too. Kumaon commissioner had to inform bareli court for serious criminal cases.
  There was Nizamat Adalat in Allahabad. In 1931, authorities authorized the  Nizamat Adalat taking  final judicial decision for Kumaon commissioner. From 1831, officers from plains started paying attention on Kumaon Commissionairy. Under regulation 10, Allahabad Board of revinue was authorized for taking final judicial decision on land cases of Kumaon. Till 1831, Trail tok decisions on such cases as per his whims.
  Slavery was banned in 1836. Government stopped taking tax on slave sales, slave buying, sales of wife by husband, and sales of widows sold by relatives. From 1836, courts stopped taking cases pertaining women sales, slave sales and exchange of slaves and women.
  Atkinson wrote that from 1836, slave selling and women sales was totally stopped was not correct. By other means or by other name as ‘ladva’, the sales of women and widow continued.
 In 1837, Allahabad Nizamat adalat ordered small courts of Kumaon not to hand  over ran away wife to her husband without her wishes.  Allahabd court ordered to small courts for punishing citizens indulged in slave selling and buying as per Regulation 3rd of 1832.
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References 
1-Shiv Prasad Dabral ‘Charan’, Uttarakhand ka Itihas, Part -7 Garhwal par British -Shasan, part -1, page- 313 -333
 2- Atkinson, Himalayan Districts, Vol 2 pages 507-52, 685-690

                            Simplest Judiciary system in initial British period 

                  British Administration in Garhwal   -141
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History of British Rule/Administration over Kumaun and Garhwal (1815-1947) -161
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            History of Uttarakhand (Garhwal, Kumaon and Haridwar) -995
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                              By: Bhishma Kukreti (History Student)

     East India Company appointed Trail as in charge for Kumaon and Garhwal. Trail used to be in Almora and did not visit other parts. Trail was everything in the region for making laws and administrating them. From 15th April 1816 till 1836, Trail administrated law and order and judiciary.  Trail created a simple and less expensive judiciary working system. He kept fess for half rupee stamp duty on first plea application.
           Trail wrote that after getting the pleading application, officials get information, scrutinized the data and did primary analysis. If the application was found illogical for taking matter to further to court, the officials rejected the application. Officers used to write rejection reasons on the application. The reasons would be either time bound or time lasing reasons or not related to judicial department.
   After the officer accepting the pleading application, the office used to send the information (Ittalanama) to the pleader. The pleader used to show the acceptance letter to the opponent. By this procedure, three forth pleaders and accused ones used to settle their disputes themselves. If there would not be settlement between pleader and accused one the pleader used to come to the court  and court used to fix the date for hearing and court used to send information to the accused one. After initial hearing, court used to call witnesses. Usually, court did not ask witnesses for taking oath as hill men were afraid of telling lies after oath.
  Trail wrote that hill people were so simple and truth speaking fellows that even without oath they used to speak the truth. That was why Trail made system of witness without oath and he was aware that oath would be hurdle in judicial system. The witness used to take oath only when opponent used to press for the same. There used to be similarities between the information of pleader and accused ones. Hence, there was no system of professional lawyers. In case of any person was unable attending court he was free for sending his representative (no lawyer).
  The above system was simple and the court had time to decide within shortest period. There was no culture of pleader or accused harassing opponents for no reason. The decision used to come within 12 days of information date for hearing. Due to not allowing professional lawyers, it was easy for both the parties to put their cases in simple methods.
 Trail wrote that the expenses were half rupee for stamp duty for application, half rupee for getting court decision copy and around half rupee in sending /getting information.
  Trail reported that – In this region, the accused taken for no returning loan was not because the accused were fraud or intentionally did not want to return the loan but, in reality, the debtor was totally unable for returning the loan. People take loan at very difficult situation. People don’t take loan for entertainment or for wrong doings. The creditors were not cruel as found in Indian plains. The creditors waited for long even after getting court order for getting back loan from the accused. Creditors offered time to debtors. There was only one case found wherein after court order, the creditor auctioned the assets of debtor.
  Though, only one court was at Commissioner Office, the cases were settled in time. In 1824, the court got 2790 cases. Court settled 1000 cases. Out of 1000 cases settled, the 313 decisions were in favor of pleaders, 278 cases in favor of accused ones, 58 cases were not proceeded further and 239 cases were settled out of court between pleaders and accused ones.
  By 1880, Kumaun commissioner was not under high Court for civil cases.
   Kumaon commissioner had to send report via high court to higher authorities the following information-
1-Numbers of cases registered in all courts of Kumaon, number of cases for decision taken and not taken.
2-Numbers of appeals decided and kept pending for future decisions.
    Kumaon Commissioner Court had power of High Court for settling the cases.
  The above is proof that local courts were taking decisions as per culture and need of the local situations.
  The first plea application fess was eight anas 9stamp duty) and eight anas for copying. There were no other expenses for people than stamp duty and copying. There was Rs. 19557 from courts of Garhwal and Rs.29483 from courts of Dehradun.
  From 1880 onwards, same rules were applied for Kumaon and Garhwal courts as Indian plains courts.



     
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References 
1-Shiv Prasad Dabral ‘Charan’, Uttarakhand ka Itihas, Part -7 Garhwal par British -Shasan, part -1, page- 313 -333
 2- Atkinson, Himalayan Districts, Vol 2 pages 507-521, 689-695

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                    Delay, Difficulties and Extra Expenses in Judiciary
                  British Administration in Garhwal   -143
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History of British Rule/Administration over Kumaun and Garhwal (1815-1947) -163
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            History of Uttarakhand (Garhwal, Kumaon and Haridwar) -997
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                              By: Bhishma Kukreti (History Student)
           After crooked lawyers came into Garhwal judiciary system, people started facing unheard problems.  Due to expanding hearing dates regularly by lawyers and new complex judiciary system, people got difficulties in getting justice in time. Bureaucracy, greedy lawyers  and complex laws made judiciary out of reach from common men. It was difficult for common men taking witnesses regularly to the court far away from their villages. Slowly, slowly common people started accepting oppression, suppression and injustice.  Old, women, children and source less people faced hardship by new judiciary system.
    Justice became costly. Court peon, court file record keepers, writers, copy makers, clerks, police , application writers/registration clerk etc and  lawyers used to take advance money from justice seekers. There was fess 9under the table) at every step in judicial procedure.
  Delay in judiciary was so problematics that for decades, there was no court decision. There were ways for appealing upper courts after lower court orders.  Hakim or judges were usually on tour.
 In those circumstances, a community of judiciary brokers took birth. Common names for those brokers were ‘Chaturband’ or jalsaj’. They used to become witnesses or used to become link between lawyers or court officials.     

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References 
1-Shiv Prasad Dabral ‘Charan’, Uttarakhand ka Itihas, Part -7 Garhwal par British -Shasan, part -1, page- 313 -333
 2- Atkinson, Himalayan Districts, Vol 2 pages 507-555, 689-695