Rambles and Recollections of an Indian Official. William Sleeman
of life, ascertained; and when we displace another Government we do not pretend to alter such rights and duties in relation to each other, we merely change the machinery and mode of procedure by which these rights are secured and these duties enforced.137
Of criminal law no system was ever either regularly established or administered in any state in India, by any Government to which we have succeeded; and the people always consider the existing Government free to adopt that which may seem best calculated to effect the one great object, which criminal law has everywhere in view—the security of life, property, and character, and the enjoyment of all their advantages. The actions by which these are affected and endangered, the evidence by which such actions require to be proved, and the penalties with which they require to be visited, in order to prevent their recurrence, are, or ought to be, so much the same in every society, that the people never think us bound to search for what Muhammad and his companions thought in the wilds of Arabia, or the Sanskrit poets sang about them in courts and cloisters. They would be just as well pleased everywhere to find us searching for these things in the writings of Confucius and Zoroaster, as in those of Muhammad and Manu: and much more so, to see us consulting our own common-sense, and forming a penal code of our own, suitable to the wants of such a mixed community.138
The fiscal laws which define the rights and duties of the landed interests and the agricultural classes in relation to each other and to the ruling powers were also everywhere exceedingly simple and well understood by the people. What in England is now a mere fiction of law is still in India an essential principle. All lands are held directly or indirectly of the sovereign: to this rule there is no exception.139 The reigning sovereign is essentially the proprietor of the whole of the lands in every part of India, where he has not voluntarily alienated them; and he holds these lands for the payment of those public establishments which are maintained for the public good, and are supported by the rents of the lands either directly under assignment, or indirectly through the sovereign proprietor. When a Muhammadan or Hindoo sovereign assigned lands rent-free in perpetuity, it was always understood, both by the donor and receiver, to be with the small reservation of a right in his successor to resume them for the public good, if he should think fit.140 Hindoo sovereigns, or their priests for them, often tried to bar this right by invoking curses on the head of that successor who should exercise it.141 It is a proverb among the people of these territories, and, I believe, among the people of India generally, that the lands which pay no rent to Government have no 'barkat', blessing from above—that the man who holds them is not blessed in their returns like the man who pays rent to Government and thereby contributes his aid to the protection of the community. The fact is that every family that holds rent-free lands must, in a few generations, become miserable from the minute subdivision of the property, and the litigation in our civil courts which it entails upon the holders.142 It is certainly the general opinion of the people of India that no land should be held without paying rent to Government, or providing for people employed in the service of Government, for the benefit of the people in its defensive, religious, judicial, educational, and other establishments. Nine- tenths of the land in these Nerbudda territories are held in lease immediately under Government by the heads of villages, whose leases have been renewable every five years; but they are now to have a settlement for twenty.143 The other tenth is held by these heads of villages intermediately under some chief, who holds several portions of land immediately under Government at a quit-rent, or for service performed, or to be performed, for Government, and lets them out to farmers. These are, for the most part, situated in the more hilly and less cultivated parts.
CHAPTER 11
On leaving Jabērā,144 I saw an old acquaintance from the eastern part of the Jubbulpore district, Kehrī Singh.
'I understand, Kehrī Singh', said I, 'that certain men among the Gonds of the jungle, towards the source of the Nerbudda, eat human flesh. Is it so?'
'No, sir; the men never eat people, but the Gond women do.'
'Where?'
'Everywhere, sir; there is not a parish, nay, a village, among the Gonds, in which you will not find one or more such women.'
'And how do they eat people?'
'They eat their livers, sir.'
'Oh, I understand; you mean witches?'
'Of course! Who ever heard of other people eating human beings?'
'And you really still think, in spite of all that we have done and said, that there are such things as witches?'
'Of course we do—do not we find instances of it every day? European gentlemen are too apt to believe that things like this are not to be found here, because they are not to be found in their own country. Major Wardlow, when in charge of the Seonī district, denied the existence of witchcraft for a long time, but he was at last convinced.'
'How?'
'One of his troopers, one morning after a long march, took some milk for his master's breakfast from an old woman without paying for it. Before the major had got over his breakfast the poor trooper was down upon his back, screaming from the agony of internal pains. We all knew immediately that he had been bewitched, and recommended the major to send for some one learned in these matters to find out the witch. He did so, and, after hearing from the trooper the story about the milk, this person at once declared that the woman from whom he got it was the criminal. She was searched for, found, and brought to the trooper, and commanded to cure him. She flatly denied that she had herself conjured him; but admitted that her household gods might, unknown to her, have punished him for his wickedness. This, however, would not do. She was commanded to cure the man, and she set about collecting materials for the "pūjā" (worship); and before she could get quite through the ceremonies, all his pains had left him. Had we not been resolute with her, the man must have died before evening, so violent were his torments.'
'Did not a similar case occur to Mr. Fraser at Jubbulpore?'
'A "chaprāsī"145 of his, while he had charge of the Jubbulpore district, was sent out to Mandlā146 with a message of some kind or other. He took a cock from an old Gond woman without paying for it, and, being hungry after a long journey, ate the whole of it in a curry. He heard the woman mutter something, but being a raw, unsuspecting young man, he thought nothing of it, ate his cock, and went to sleep. He had not been asleep three hours before he was seized with internal pains, and the old cock was actually heard crowing in his belly. He made the best of his way back to Jubbulpore, several stages, and all the most skilful men were employed to charm away the effect of the old woman's spell, but in vain. He died, and the cock never ceased crowing at intervals up to the hour of his death.'
'And was Mr. Fraser convinced?'
'I never heard, but suppose he must have been.'
'Who ate the livers of the victims? The witches themselves, or the evil spirits with whom they had dealings?'
'The evil spirits ate the livers; but they are set on to do so by the witches, who get them into their power by such accursed sacrifices and offerings. They will often dig up young children from their graves, bring them to life, and allow these devils to feed upon their livers, as falconers allow their hawks to feed on the breasts of pigeons. You "sāhib lōg" (European gentlemen) will not believe all this, but it is, nevertheless, all very true.'147
The belief in sorcery among these people owes its origin, in a great measure, to the diseases of the liver and spleen to which the natives, and particularly the children, are much subject in the jungly parts of Central India. From these affections children pine away and die, without showing any external marks of disease. Their death is attributed to witchcraft, and any querulous old woman,
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.
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.
Amīr Khān, the Nawāb of Tonk, assigned to his physician, who had cured him of an intermittent fever, lands yielding one thousand rupees a year, in rent-free tenure, and gave him a deed signed by himself and his heir-apparent, declaring expressly that it should descend to him and his heir for ever. He died lately, and his son and successor, who had signed the deed, resumed the estate without ceremony. On being remonstrated with, he said that 'his father, while living, was, of course, master, and could make him sign what he pleased, and give land rent-free to whom he pleased; but his successor must now be considered the best judge whether they could be spared or not; that if lands were to be alienated in perpetuity by every reigning Nawāb for every dose of medicine or dose of prayers that he or the members of his family required, none would soon be left for the payment of the soldiers, or other necessary public servants of any description'. This was told me by the son of the old physician, who was the person to whom the speech was made, his father having died before Amīr Khān. [W. H. S.] Amīr Khān was the famous Pindhārī leader. H. T. Prinsep translated his Memoirs from the Persian of Busawun Lāl (Calcutta, 1832).
The ancient deeds of grant, engraved on copper, of which so many have been published within the last hundred years, almost invariably conclude with fearful curses on the head of any rash mortal who may dare to revoke the grant. Usually the pious hope is expressed that, if he should be guilty of such wickedness, he may rot in filth, and be reborn a worm.
Revenue officers commonly observe that revenue-free grants, which the author calls rent-free, are often ill cultivated. The simple reason is that the stimulus of the collector's demand is wanting to make the owner exert himself.
An orderly, or official messenger, who wears a 'chaprās', or badge of office.
On the Nerbudda, fifty miles south-east of Jubbulpore.