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THE KAVAL SYSTEM IN COLONIAL TAMIL NADU
THESIS SUBMITTED TO MANONMANIAM SUNDARANAR UNIVERSITY
IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF THE
DEGREE OF
DOCTOR OF PHILOSOPHY
BY
S. RAVICHANDRAN (Reg. No.0763)
Department of History Manonmaniam Sundaranar University
Tirunelveli
DECEMBER 2008
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Dr A.R. VENKATACHALAPATHY Professor Madras Institute of
Development Studies, Chennai
CERTIFICATE
This thesis entitled THE KAVAL SYSTEM IN COLONIAL TAMILNADU
submitted by Mr S. Ravichandran for the award of Degree of
Doctor of
Philosophy in History of Manonmaniam Sundaranar University is a
record of
bonafide research work done by him and it has not been submitted
for the award
of any degree, diploma, associateship, fellowship of any
University / Institution.
Chennai
Date: December 2008 (A.R. VENKATACHALAPATHY)
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CONTENTS
LIST OF MAPS ix
LIST OF TABLES x
GLOSSARY xvi - xx
COINS-DENOMINATIONS xxi
CHAPTER I INTRODUCTION 1 - 25 Historical Background 3 - 9
Theories on Crime 9 - 17 Terms Defined 17 - 18 Aims of the Study 19
- 20 Relevance of the Study 20 Methodology 20 - 21 Organisation of
the Thesis 21 - 23 Source Materials 24 - 25
CHAPTER II KAVAL SYSTEM 26 - 59 Functions 30 - 33 Categories 33
39 Men Kavalkarars and Kudi Kavalkarars 33 Sthalam Kaval or Kudi
Kaval 33 - 34 Desa Kaval 34 36 Other Kaval Systems 36 - 39 Kaval
Fee: Mode of Payment 39 - 42 Thuppu Cooli 43 - 47 Regional
variations 47 - 49 Arasoo Kaval 47 - 48 Men Kavalkarars 48 - 49
Kaval Deeds 49 - 51 Caste and the Kaval System 51 - 59
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CHAPTER III CONFRONTATION WITH THE BRITISH EAST INDIA COMPANY 60
- 92 Company and the Kavalkarars - Early Experiences 62 - 81
Sivarama Thalaivar 62 - 64 Periya Waghaboo 64 - 72 Maravars of
Tirunelveli 73 - 78 Kallars of Madurai 78 - 81 Abolition of Desa
Kaval 81 - 92
CHAPTER IV THE COLONIAL STATE AND THE KAVAL SYSTEM 93 - 134
New Criminal Justice System 93 - 110 Regulation of 1802:
Introduction of Darogha Police and the Kavalkarars 93 - 105
Regulation of 1816 and the New Police Establishment 106 - 110
The Colonial State and the Kavalkarars, 1816-1859 110 - 116 The
Colonial State and the Kavalkarars, 1859-1896 116 - 134
CHAPTER V ANTI-KAVAL MOVEMENTS 135 - 191 Anti-kaval Movements in
Madurai and Tirunelveli 136 - 144
Anti-kaval Movement in Madurai District, 1896 145 - 171
Anti-kaval Movement in Tirunelveli District 171 - 191
CHAPTER VI THE CRIMINAL TRIBES ACT AND THE DECLINE OF KAVAL
SYSTEM 192 - 219
Criminal Tribes Act, 1871 192 - 200 Kallar Reclamation Scheme
200 - 212
Criminal Tribes Act in Tirunelveli and Ramnad 212 219
CHAPTER VII CONCLUSION 220 - 228
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BIBLIOGRAPHY 229 238
APPENDICES 239 - 264 Appendix I : Statement showing the number
of Cavilgars and Poligors in the District of Chidambaram with
Former and Present Revenue 239
Appendix II : Petition of the Inhabitants of Sirkali 240 -
244
Appendix III : Notification to the Maravars of Nangunery 20th
September 1801 245 - 248
Appendix IV : Notification to the Maravars of Kalakad 15th
October 1801 249 - 250
Appendix V : Statement showing the Number & Classes of
various officers employed in the Kaval Police in the Province of
Thanjavur and Thiruchirapalli 251 - 252
Appendix VI : Statement of the Present Public Police
Establishment sanctioned by the Government of Zillah of Madurai
253
Appendix VII : Statement of Cattle Thefts (true cases) committed
in Tanjore, Thiruchirapalli, Madurai and Tirunelveli Districts
during 1892, 1893 and 1894 254 - 257
Appendix VIII : Notices issued by J. Twigg District Magistrate
Madurai both in English and Tamil during anti-kaval movement. 258 -
262
Appendix IX : Compromise deed regarding Kaval in the village of
Giriammalpuram 263 - 264
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PREFACE AND ACKNOWLEDGEMENTS
This thesis presents the results of my research undertaken with
the
guidance of Dr A.R. Venkatachalapathy, former Lecturer in
History,
Manonmaniam Sundaranar University, Tirunelveli, and at present
Professor,
Madras Institute of Development Studies, Chennai. His
constructive criticism has
given shape to this study. I remain beholden to him.
I thank the late Dr S. Kadhirvel, former Professor of History,
University of
Madras, Chennai who was a constant source of inspiration and
encouragement
in my research endeavours.
My thanks are due to Thiru A.A. Subbaraja, President of College
Committee and Secretary Thiru V.K.Subramaniya Raja, President of
our College Governing Council Thiru P.K.R. Vijayaragava Raja and
Secretary Thiru N.R. Subramaniya Raja and the Principal Dr V.
Venkatraman for their constant encouragement in my research
endeavours.
My heartfelt thanks to Prof. V.Suresh Taliath, HOD, Department
of
English, Rajapalayam Rajus College, Rajapalayam for having
patiently gone through the manuscript and making necessary
corrections.
I thank Dr K.A. Manikumar, Professor of History, MSU who kindly
went
through the manuscript at the final stage and made valuable
suggestions.
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I am thankful to Thiru S. Venkatesan, well-known Tamil writer
and Joint
Secretary of Tamilnadu Murpokku Eluthalar Sangam (Tamilnadu
Progressive Writers Forum) who shared his knowledge of Piramalai
Kallars of the Madurai region and their Kaval system.
I gratefully thank the Commissioner and staff of the Tamilnadu
Archives,
Chennai for permitting me to consult the records available
there.
My thanks are also due to those who responded positively when
I
interviewed them during my field study.
I thank Mr. P. Sundararaj of Devi Computers, Rajapalayam for the
neat execution of typing this dissertation.
S. RAVICHANDRAN
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LIST OF TABLES
Table 2:1 : Palayakarars and Kaval Collections 41 - 42
Table 3:1 : Statement of Desa Kaval Collections in the District
of Tirunelveli, 1800-1805 87
Table 3:2 : Statement of Allowances Annually paid to Men
Kavalkarars by the Collector of Zillah of Chittor [Extract] 90
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CHAPTER I
INTRODUCTION
Kaval system was an ancient and indigenous system of policing
in
Tamilnadu. The functionaries of this system were known as
Kavalkarars.
Protecting the people and their properties was the primary duty
of the
Kavalkarars. Apart from this duty watching the movements of
strangers,
particularly during festivals, and protecting the travellers
were the other
responsibilities of the Kavalkarars. In return for their
services they were paid by
the inhabitants either in cash or in kind, mostly the latter. As
the traditional
custodians of the village they were bestowed with well defined
rights and duties.
The Kavalship was hereditary. Most of the Kavalkarars were from
the martial
communities of Tamilnadu with a long history of recruitment in
the army, such as
the Maravars, Kallars, Agamudaiyars, Naickers, Padayachis and
Udayars though
the participation of other communities like the Kuravars,
Valayars and Parayars
cannot be discounted. As protectors of people and their
belongings these
Kavalkarars tended to enjoy special privileges and considerable
power.
As a consequence of political changes through the centuries,
these
Kavalkarars over a period of time gained political power and
occupied a tertiary
position next to the kings and the Palayakarars in the immediate
pre-colonial
political power structure of Tamilnadu. As minor partners of
political power they
made common cause with the Palayakarars during their struggle
against the
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Nawabs of Arcot and the British East India Company (1780-1801).
In the non-Palayakarar tracts they were rather powerful and behaved
often like
independent rulers which explains their fairly frequent
violation of the socially
accepted norms of Kaval system.
For the Kavalkarars, Kavalship was not only a source of income.
It was
considerably more than that. They considered it as their
traditional right, a
symbol of political power, prestige, social status and an
instrument of social
dominance. Hence any challenge from within or out to the Kaval
system was
vehemently resisted and violently responded by the Kavalkarars.
When the
British East India Company emerged as the superior power in the
South Indian
Politics in 1801 the Kavalkarars were a power to reckon
with.
The British East India Company, after a prolonged armed struggle
against
the power centres of Tamilnadu, had established its firm control
over Tamilnadu
by the turn of the nineteenth century. In consolidating their
position the British
started to replace the native form of administration with modern
models borrowed
from the west. But the transplantation met with much resistance
from the pre-
modern Kaval system. Any move on the part of the native people
to resist was
branded as crime.
The colonial state abolished the different forms of Kaval system
through
its regulations. In 1802, the Desa Kaval system was abolished
and a new police
establishment was introduced. Similarly in 1816, the Kudi Kaval
system was
abolished and in its place a new police system came into being.
Finally in 1859,
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the modern police administrative machinery was introduced. The
tax-free lands
allotted to the Kavalkarars were also appropriated by the
colonial state in the
name of new land revenue policies. Despite these stringent
measures the
Kavalkarars were tenancious in safeguarding their rights and
resisted every
move of the colonial state. Having failed in all its attempts,
as a last resort, the
colonial state implemented the infamous Criminal Tribes Act.
In consequence of the anti-kaval measures adopted by the
colonial state,
the traditional power and status enjoyed by the Kavalkarars were
at stake and their avenues of income were also closed. These
circumstances prompted the
Kavalkarars to indulge in crime. They started preying on the
inhabitants who
were formerly under their protection.
Historical Background
Nilakanta Sastri in his celebrated work The Colas (1935) based
on his extensive study of Chola inscriptions made a brief and value
loaded description
of Kaval system in ancient Tamilnadu. The most interesting
observation made
by him is as quoted below.
The term Padi-Kaval occurring more than once in the list of
taxes and dues deserves more attention than most of the
other
items mentioned; for it refers to a universally prevalent system
of
safeguarding property from theft, especially at night. This was
the
system by which each village maintained its own Kaval-karan
who,
in return for certain regular payments to him, held himself
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responsible for the security of the property in the village to
the
extent of either recovering lost property or making it good;
this
system survived in some measures almost till the other day in
the
Tamil country, and it seems to have been indeed of very
ancient
origin.1
Natana Kasinathan, in his article, History of Kaval System in
Tamilnadu
from 300 A.D. to 1600 A.D (1973) traced the history of Kaval
system in Tamilnadu upto 1600 A.D. Based on literary and
inscriptional source materials
this article is more narrative than interpretative in
nature.
In S.Kadhirvels, A History of the Maravas (1977) which deals
elaborately with the history of the Maravar community in the
eighteenth century and its
relation with the Nawabs of Arcot and the British East India
Company, there is a
separate chapter, on the Kaval system of pre-colonial period.
This work provides
detailed information regarding the differences between Desa
Kaval and Kudi
Kaval systems, the duties of the Kavalkarars, and the payment
made to the
Kavalkarars. However all these details are pertaining to the
Kaval system in
Tirunelveli district that too of the Nanguneri and Kalakad
region. Moreover since
the author himself belonged to a Desa Kaval chiefs family one
could feel a touch
of hyperbole in his treatment.
In addition to these works cited above there are some other
works like
K.Rajayyans Rise and Fall of the Poligors of Tamilnadu (1974)
providing little
1 K.A.N.Sastri, The Colas, 2 Vols, 1935 & 1937; revised
edition in one volume, University of
Madras, Madras, 1955, p.533.
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and general information regarding the Kaval system since their
main thematic
interests are different.
Another category of works such as The History of The Madras
Police,
published by Government of Madras during the centenary of the
Madras Police
(1959) and Law and Order in Madras Presidency 1850-1880 by
P.Jegadeesan which extensively deal with the genesis and
development of modern police
administrative machinery and incidentally provide a brief
discussion on Kaval
system.
Another important work in Tamil which deals with Kaval system
is
V.Manickams Pudukottai Varalaru (up to A.D.1600). The major
objective of this work is to trace the history of Pudukottai
region. However in this work there is a
separate chapter on the Padi-Kaval system, in which the author
has made an
analytical study over the socio-economic and political
circumstances which
favoured the genesis of the Padi-Kaval system in Pudukottai
region during the
later part of 12th century, and traced the development of this
system upto 1600
A.D. He also elucidates the nature of the system and changes it
underwent
during the process of its development through the centuries with
critical outlook,
and justifies his arguments by citing number of inscriptional
sources. Apart from other things the most important observation
made by him was the sale of Kaval
rights. During the times of economic crisis and inability to
withstand the frequent
raids of Muslim invaders the Kavalkarars of a particular
villages sold and handed
over their Kaval rights to other Kavalkarars who were more
powerful. He also
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records that in some cases, Kaval system was nothing but setting
a thief against
a thief.
Yet another important secondary source material in Tamil which
deals with
the Kaval system in Tamilar Salbhu (Sanga Kalam) (1980) by
S.Vidyanandhan of Jaffna, Sri Lanka. Based on Sangam literature, he
provides a vivid picture about
the Kaval system during the Sangam period (200 B.C-200 A.D) and
how the cities, villages and streets in them were protected by the
Kavalkarars. His
portrayal about the physical appearance and vigilant nature of
the Kavalkarars is
very interesting. However his work is confined to Sangam
period.
Apart from these works there are some other works in Tamil like
Kallar
Charitram (1928) of N.M.Venkatasamy Nattar, Maravar Charitram
(1938) by Asirvatha Udaya Thevar and Muventarkula Thevar Samuga
Varalaru (1976) by Muthu Thevar. The main objective of these works
seems to be provide a parochial history of the castes and therefore
they only superficially touch upon
Kaval system.
Among the works on Kaval system by western scholars The Kallars:
A
Tamil Criminal Tribe Reconsidered (1978) an article by Stuart
Blackburn occupies a prominent place. It traces the early
confrontation between the British
and the Kallar community of Madurai region and tries to
dismantle the thievish
image of the Kallars. The opening paragraph of this article
cited below is self
explanatory about the aim of the author.
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This article examines the history of a south Indian caste,
the
Kallars of Tamilnadu, in order to re-assess their identification
as a
thieving caste and a Criminal tribe. I wish to demonstrate that
this
is distorted and that the roots of the distortion lie in the
early British
military contact with the Kallars. It will be shown,
furthermore, how
this image continued to underpin the British administrative
policy in
the nineteenth and twentieth centuries.2
However this scholarly article of Blackburn though dealing with
the Kaval
system of the Kallars of Madurai region its concentration is
more on the
implementation of Criminal Tribes Act and its aftermath.
Another interesting work is the recent unpublished Ph.D thesis
of Anand
Sankar Pandian entitled Landscape and Redemption: Cultivating
Heart and Soil
in South India (University of California, Berkeley 2004).
Basically an anthropological work it exclusively deals with the
Piramalai Kallars of the western
parts of Madurai region. It also deals elaborately with the
anti-kaval movement
which broke out in Madurai region against Kallar Kaval and the
implementation of
Criminal Tribes Act over the Kallars and the consequences. In
his opinion it was
the agrarian elite who with the support of the colonial state
were behind the anti-
kaval movement in the northern and western part of Madurai
region.
The monumental work of Louis Dumont, A South Indian Sub Caste
(1986), an ethnography on Piramalai Kallar, concentrates on the
social organization and
2 Stuart H.Blackburn, The Kallars: A Tamil Criminal Tribe
Reconsidered, South Asia, Journal
of South Asian Studies, New Series, Vol.1, No.1, March 1978,
p.38.
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religion of Piramalai Kallar of selected villages. Little
reference is made to the
Kaval system in his study.
However the commanality between all these three works mentioned
above
is that all of them have explained how the colonial state,
having failed in its
attempts against the Kallar Kaval, branded them as criminals and
brought the
entire community under the infamous Criminal Tribes Act.
David Arnold in his scholarly article Dacoity and Rural Crime in
Madras
1860-1940 (1979) and in his book Police Power and Colonial Rule
in Madras 1859-1947 (1985) [especially chapter 4, The Policing of
Rural Madras] provides a vivid picture of the problems related to
Kaval of the colonial period.
Approaching the subject matter from the dimension of crime, his
well-documented studies make a thorough analysis of various kinds
of crimes
prevailing in the Madras Presidency and classifies them into
four major categories such as i) famine crimes; ii) professional
crimes; iii) Kaval related crimes and iv) Dacoity as a prelude to
insurrection. Regarding Kaval-related crimes his period of coverage
commences from 1859 (the year in which the modern police
administration based on Irish and British constabulary was
introduced).
A brief academic survey over the works and their contribution
cited above
indicates the important fact that there is an ample scope for an
exclusive
research study on the Kaval system in colonial Tamilnadu that
too from the
dimension of crime.
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Reconnaissance of the problem of Kaval from the dimension of
crime
inevitably involve the study of law, police, judiciary and
punishment of the period concerned, because all of them are closely
related to crime and interlocked with
each other and they are different links in the same chain. Hence
the study about
the Kaval system automatically involves the study of the other
related areas
mentioned above. An insight into different ideas of crime will
enable us to have a
better understanding of the relation between the Kavalkarars and
the colonial
state.
In this connection, two things are essential for any researcher
working in
the domain of Kaval system. The first one is the familiarity
with the changes
related to approaches to the historical study of crime in the
eighteenth and
nineteenth centuries. This will help to understand how the
colonial officials were
influenced by these theories and how the measures adopted by the
colonial
officials in tackling crimes were conditioned by them. Secondly,
an
understanding of the major theories regarding crimes propounded
by scholars during twentieth century is necessary. This aids
re-examination of the prevailing
notions of crime, in a proper perspective. Hence a discussion of
some of the
major theoretical frameworks related to the field of crime is
attempted in the following pages.
Theories on Crime
During the eighteenth century, in general, the criminologists
were of the
opinion that rationality and freewill determined the acts of the
criminals. So they
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approached the problem from the dimension of costs and
benefits.3 Based on
this the penologists used to impose cruel punishment, with the
hope that, it would
make the criminals realize that the cost of violating the laws
was greater than the
benefits they received from indulging in crime and induce them
to refrain from
criminal activities. Influenced by this approach the officials
of the colonial state in
the Madras Presidency implemented the same kind of punishments,
such as
whipping, pillorying and hanging in public places. The following
report made by
Thomas Harris a British official regarding the hanging of a
prisoner, to the
magistrate of Madurai district, demonstrates the above said
fact.
According to your instruction I, this morning proceeded to put
into
execution the sentence of the prisoner Vellayan which was
performed with every necessary attention to the solemn occasion
in
the midst of thousands of spectators.
It is my duty to report the apparent impressions the death of
the
criminal had on the surrounding multitude. It would have
especially as no such public execution had taken place in
the
district of Madurai (sic) forty years.4
Anand Yang emphatically suggests that, The surveillance of crime
and
criminality by social historians begins by rejecting the givens
of modern
3 Sumanta Banerjee, Crime and Urbanisation Calcutta in the
Nineteenth Century, Tulika
Books, New Delhi, 2006, p.x. 4 Thomas Harris to District
Magistrate, Madurai, 28 May 1804, Madura District Records,
Vol.1190, pp.73, 74.
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criminology.5 Surface level views of crime as aberrant behaviour
should not be
accepted at their face value, otherwise there is a danger of
even important kinds
of social protest being labeled as crime.
With the emergence of the ideologies of socialism and anarchism
in
Europe, crime was redefined. Rationality and freewill were
replaced by socio-
economic factors as the reasons behind crime. Karl Marx viewed
crime as an
offshoot of competition for jobs in a market economy dominated
by capitalist run factories. He suggested that the extension of
factory system is followed
everywhere by an increase in crime. When Marx was writing this,
the traditional
oriented occupational structure of the European society was
suffering under the
problem of occupational change due to the emergence of capital
intensive mode
of production. The factory system could not accommodate all the
people. A
section of them got employment in the factories, others in a
long run took to
crime. In his final analysis Marx said Crime, too, is governed
by competition
and society creates a demand for crime which is met by a
corresponding
supply.6
On the other hand, Max Stirner, representing the anarchist camp,
viewed
crime as the assertion of the individual self against the legal
code of the state
which tends to violate his / her free existence and movements.
While Marx and
Max Stirner were of the same opinion regarding the
socio-economic factors
5 Anand A.Yang (ed.), Crime and Criminality in British India,
The University of Arizona Press,
Tuscon, 1985, p.2. 6 Karl Marx, Economic and Philosophic
Manuscripts of 1844, Progress Publishers, Moscow,
1977, pp.190, 191.
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which were controlled and governed by all powerful state as the
causes behind
crimes, Max Stirner attached added importance to the freewill of
individuals and
their acts and viewed them as their protest against the
state.7
Diverging considerably from the view points of Marxist-oriented
British
historians, Michel Foucault, who was a professor of History and
Systems of
Thought at the College de France, provided another major
theoretical framework in studying crime. Among other things his
views regarding the birth of prisons
and the changes in the forms of punishments between 1750 and
1850 - i.e. when
Europe was becoming a modern, capitalist society - is
fascinating. He explains
that during this period torture as a form of punishment was
replaced by
incarceration. He argues that this change had taken place not
because of
human consideration but with the motive of disciplining the
human body.
Incarceration aimed at disciplining and controlling the human
body while the
former punishments were directed towards torturing the body.
Finally he
extended this theory and applied it to schools, hospitals and
asylums, etc.8
However, he was criticized by others for not accounting for the
forces which
opposed and resisted it.
Notions of crime were not only located and developed in the
socio-
economic spheres; sometimes they were located and developed in
the sphere of
science too. Parallel to the theoretical framework of
socio-economic explanation
7 Sumanta Banerjee, Crime and Urbanization, Calcutta in the
Nineteenth Century, Tulika
Books, New Delhi, 2006, pp.x, ix. 8 Michel Foucault, Discipline
and Punish: The Birth of Prison, Trans. Alan Sheridan, Vintage
Books, New York, 1995, pp.293-308.
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of crime in the nineteenth century Europe, another novel
theoretical stream
rooted in biological determinism, registered its growth. This
concept explained
that crime was a genetic trait transmitted from one generation
to other in a family.
Francis Galton the founder of this concept gave a name to it as
Eugene (good genes). This view was shared by the Italian physician
Cesare Lombroso. This theory emphasized that some individuals are
born with anti-social tendencies that
were inbuilt in their minds, handed over from the barbaric stage
of human
evolution. The developing disciplines of anthropology and
anthropometry were
brought in to rationalize this view. Accordingly the physical
features of prisoners
were measured and the bodies of hanged convicts were
postmortemed and a list
of common physical features was prepared to prove that they
hailed from a
common criminal stock. The horrible and astonishing consequence
of this theory
of biological determinism was that, all over the world including
England, criminals
in prisons were forcibly sterilized in order to avoid passing on
the gene for crime
to the next generation.9
Regarding the impact of the above said theory over the Indian
Penologists
Sumanta Banerjee observes that,
The Indian Penal Code enacted in 1860 embodied, in a large
measure, the theoretical propositions on crime that were current in
contemporary England. The English administrators in India who
drafted the code adopted the methodology designed by those
theorists of criminology in the west who, while explaining
crime,
9 Sumanta Banerjee, Crime and Urbanization Calcutta in the
Nineteenth Century, Tulika
Books, New Delhi, 2006, pp.xi, xii.
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were inclined towards concepts like biological determinism
rather than socio-economic rationale.10
This development ultimately paved the way, for the enactment of
Habitual
Criminal Act of 1869 in England and Criminal Tribes Act of 1871
in India.
In the second half of the twentieth century inspired by Karl
Marx,
E.P.Thompson and others associated with the then Centre for
Study of Social
History at the University of Warwick, started re-examining the
given concepts of
crime in the light of Marxism. They located crime and
criminality in the wider
context of the evaluation of an economic order and its social
class relation. In
particular they viewed law as an instrument in the hands of the
state or the
ruling elite to serve their needs. According to them the
prevailing notions of
crime and contemporary value judgement should be approached with
utmost caution and critical outlook, otherwise there is a danger of
becoming prisoners of
the assumptions and self image of the rulers. If not, free
labourers will branded
as spontaneous and blind, and important kinds of social protest
become lost in
the category of crime.11 They viewed crime as rational
behaviour, closely
related to the character and will of the ruling class and the
defence and priorities
of the capitalist system.12 The concluding remarks of
E.P.Thompson regarding
the rule of law in England is that,
10 Ibid, p.xiii.
11 E.P.Thompson, Eighteenth Century English Society: Class
Struggle Without Class? Social
History, 3, 3, 1978: 150 cited in Anand A.Yang (ed), Crime and
Criminality in British India, p.2.
12 David Jones, Crime, Protest, Community and Police in
Nineteenth Century Britain, London,
1982, p.31, cited in Anand A.Yang (ed) Crime and Criminality in
British India, p.3.
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Thus the law (we agree) may be seen instrumentally as mediating
and reinforcing existing class relations and ideologically as
offering
to these a legitimation. But we must press our definitions a
little
further. For if we say that existent class relations were
mediated by
the law, this is not the same thing as saying that the law was
no
more than those relations translated into other terms, which
masked or mystified the reality. This may quite often be true
but it
is not the whole truth. For class relations were expressed, not
in
any way one likes, but through the forms of law; and the law,
like
other institutions which from time to time can be seen as
mediating
(and masking) existent class relations (such as church or the
media of communication), has its own characteristics, its own
independent history and logic of evolution.13
Another interesting observation is made by David A. Washbrook
regarding
the functioning of Anglo-Indian Law.
Its main purpose, so far from protecting private rights of
subjects, may be better seen as providing a range of secondary
services for
the company, both as state and a shield for European
business
interests, which helped to translate political power into
money.14
13 E.P.Thompson, Whigs and Hunters: The Origin of Black Act, New
York, 1975, p.262, cited
Anand A.Yang (ed), Crime and Criminality in British India, p.3.
14
D.A.Washbrook, Law, State and Agrarian Society in Colonial
India, Modern Asian Studies, Vol.15, No.3, 1981, p.668.
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16
Yet another school of sociologists derived their inspiration
from Emile
Durkheim and elaborated his theme of anomie. He argues that
anomie develops
when modern societies fail to provide suitable occupational
avenues to the
people according to their talents and traditional skills. This
theory was further
developed and applied by Robert Merton in his analysis about
deviance and
crime. According to him whenever there is such an anomic
disjuncture between the culturally defined goals and the socially
approved means to achieve them
available to the individuals or groups the later resort to four
types of behaviour
i) ritualism, or following the approved means in mechanical way
without any hope of reaching the goals; ii) retreatism, or opting
out from the struggle; iii) rebellion, or desire to redefine goals
and means, and change the entire socially approved
system and iv) innovation or devising new means-outside the
socially approved framework to achieve the socially approved goals,
which include crimes.15
The problem related to Kaval system and the Kavalkarars fits
well into this
theoretical framework. When the colonial state abolished the
Kaval system and
replaced them with modern police administrative machinery the
demand for
traditional Kaval system shrank. There was no suitable
occupational avenue
available to suit the traditional skills of the Kavalkarars.
Hence they took to
crime.
Another important area of study, intimately associated with the
field of
crime is the institution of police, an administrative mechanism
by which authority
15 Sumanta Banerjee, Crime and Urbanisation, p.xv.
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17
and control is maintained by the state. Many works have already
been
undertaken probing its nature and functions in the West.
Majority of them viewed that, The police and its functions are
always determined by the nature of state
which they serve and the theory upon which such a state is
based.16
From the above discussion it is clear that at the international
level there is
a considerable and growing body of literature on crime in the
pre industrial
societies at the verge of modernization. In the Indian context
Anand Yangs
Crime and Criminality in British India (1985) occupies an
important place by providing valuable information. Radhika Singhas
A Despotism of Law (2000) deals with the link between knowledge and
power in the colonial context.
Another recent work of Meena Radhakrishna, Dishonoured by
History Criminal
Tribes and British Colonial Policy (2001) deals with the Kuravar
Community in Madras Presidency; how the economic policies of the
colonial state affected their
occupation and later on they were branded as Criminal Tribes and
covered under
Criminal Tribes Act.
Terms defined
Kaval was an ancient and indigenous system of policing in Tamil
Nadu.
Tamilnadu is one of the federal states located at south-eastern
corner of India.
During the British administration this was a part of Madras
Presidency. The
Presidency of Madras had some territories which are at present
in the states of
Andhra Pradesh, Orissa, Karnataka and Kerala. For the present
study the word
16 Anand A.Yang (ed.), Crime and Criminality in British India,
p.19.
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18
Tamilnadu means the present day geographical and administrative
entity. This
study covers a period of one hundred and forty six years
starting from 1801 to
1947. The year 1801 is a significant year because in that year
the Palayakarar
Wars against the British East India Company had come to a
conclusion and
Tamilnadu was brought under the firm grip of the Companys
government. The
year 1947 is the year of Indian independence. However it does
not mean that
the Kaval system was completely suppressed by 1947. In spite of
all the efforts
taken by the colonial state the Kaval system managed to survive
even after 1947
particularly in Madurai and Tirunelveli districts; however it is
sporadic and
considerably less vibrant.
The Presidency of Madras was one of the most extensive
territories of the
British colonial state. Tamil and Telugu were the principal
languages spoken by
majority of the people. After attaining independence in 1947
with the formation of the state of Andhra Pradesh in 1953 and with
the linguistic reorganization of
states the size of Madras Presidency was reduced to considerable
extent. Some
areas of Kannada-speaking population adjoining the district of
Dharmapuri and Nilgris were ceded to the newly formed Mysore state.
The areas with the Oriya
speaking people went to the state of Orissa. Madras state got
the Tamil
speaking regions of Kanyakumari district and Shenkottai from
Tiruvancore
kingdom. The name Madras State was changed into Tamilnadu in
1969.
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19
Aims of the Study
Kaval system was an ancient system of policing in Tamilnadu and
the
Kavalkarars were the functionaries of the Kaval system. In the
modern history of
Tamilnadu the Kaval system and the Kavalkarars as an interesting
and vital area
of historical investigation continued to remain as an unexplored
area for reasons
unknown. As shareholders of political power at the tertiary
level, the Kavalkarars
played a major role, in the socio-economic and political spheres
of Tamilnadu. They also made common cause with other anti-colonial
forces, during their
struggle against the colonial state. Hence this study aims at
tracing the history of
Kaval system confining to the colonial period and tries to
locate the place of the
Kavalkarars in the modern history of Tamilnadu.
This study also aims at analyzing the prolonged struggle for
power
between the colonial state, the new-comer, and the Kavalkarars,
the yester
masters of political power. It traces the efforts taken by the
colonial state to
eradicate Kaval system through enacting Regulations and Acts and
by
establishing modern police administration, and the consequent
response of the
Kavalkarars who were driven gradually, over a period of time,
towards the world
of crime. This study also identifies and analyses the various
factors responsible
for the failure of the colonial state in suppressing the Kaval
system including the
mindset and psychological underpinnings of the Kavalkarars.
Another important aspect on which this study concentrates is
the
examination of the factors responsible for the outbreak of
anti-kaval movements
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20
in Madurai and Tirunelveli districts towards the closure of
nineteenth century and
in the early decades of the twentieth century, and its
consequences.
Yet another important aim of this study is to evaluate the
circumstances
which shaped the enactment of the famous Criminal Tribes Act in
1871 (CTA); how it originated in the minds of scientists and
administrators in England, how it
was imported and implemented in the north Indian provinces,
reaction of the
Madras provincial administrative circles and how it was
implemented in
Tamilnadu and its impact.
Relevance of the Study
Much research has already been carried out and secondary
sources
dealing with different aspects of the history of Modern
Tamilnadu are also
available. So far there has been no such exclusive study
undertaken on the
problem of Kaval system during the colonial period focusing from
the viewpoint of
crime. Thus there is amble scope for research. The Researcher
has made a
sincere attempt to probe further the problem of Kaval.
Methodology
Kaval system was an ancient and indigenous system of police
in
Tamilnadu which survived through the ages and was in practice to
a very limited
extent even after 1947. So, tracing and presenting a brief
narration of the Kaval
system and its salient feature is essential. In attempting this,
a descriptive
method is adopted.
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21
In assessing the nature of the colonial state, the conflict
between the
colonial state and the Kaval system from 1800-1947, the
anti-kaval movements
in the last decade of the nineteenth century and in the early
decades of twentieth
century, the analytical method is adopted.
Regarding the genesis and development of modern police system
and its
prolonged struggle against the Kavalkarars a chronological as
well as analytical
method is followed.
As far as the enactment of the Criminal Tribes Act of 1871 and
its
implementation in India in different phases analytical method is
followed.
Organisation of the Thesis
The thesis has been organized into seven chapters including
the
introductory and concluding chapters.
In the introductory chapter an academic survey has been
attempted at on
the available secondary works contributed by eminent scholars of
both Indian
and foreign origin, which have direct or indirect bearing over
the central theme of
this study. It also maps the theoretical frame works employed by
scholars and
philosophers like Karl Marx, Max Stirner, Michel Foucault, Emile
Durkheim and
E.P.Thompson in their studies on crime. The thrust area of this
study is indicated
in this chapter.
The second chapter is entitled as Kaval system. In this chapter,
the
history of the Kaval system right from the ancient period is
narrated. Following
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22
this the functions of the Kavalkarars, their duties and rights,
the categories of
Kaval system and the Kavalkarars are explained in detail.
Moreover the
traditional rights and powers enjoyed by the Kavalkarars and
their position and status in the society are elaborately discussed.
Besides the condition of Kaval
system during the early stages of the British rule is also
described. It also briefly
explains a peculiar form of crime committed by the Kavalkarars,
closely
associated with cattle theft and popularly known as Thuppu
Cooli.
The third chapter entitled Confrontation with the British East
India
Company deals elaborately with the relationship between the
Kavalkarars and
the Company in the last quarter of the 18th century which was
marked by open
confrontations and rebellions of the Kavalkarars against the
Company, the
emerging new power. It also deals with the abolition of Desa
Kaval and Men
Kaval by the Company in 1802 and the reasons for the caution
exercised by the
Company with regard to the abolition of Kudi Kaval.
The fourth chapter is The Colonial State and the Kaval System.
For a
better understanding of the subject matter, this chapter has
been divided into three divisions i.e. from 1802-1815; 1816-1859;
1859-1896 wherein each phase
marked a specific development. In 1802 the colonial state
abolished the Desa
Kaval and Men Kaval system through its Regulation of 1802 and a
new police
administrative structure with Daroghas and Thanadars as
important police
officials was introduced. This system was replaced in 1816 by
another new
system of police operating under the direct control of
Collector, at the district
level and Village Munsiff at the village level. In 1816 the Kudi
Kaval system was
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23
also abolished. The new police establishment of 1816 continued
to operate until
1859 and in that year the modern police system with officials
like Superintendent
of Police at the district level was introduced and the police
administration was
completely separated from revenue administration. It also
discusses how the
new measures undertaken by the government broke the traditional
occupational
structure of the Kavalkarars and pushed them into the world of
crime. The year
1896 was a turning point in the history of Kaval system because
it was marked
by violent anti-kaval movement in Madurai district.
The fifth chapter deals with Anti-Kaval Movements in Madurai
and
Tirunelveli districts. It examines the causes for the outbreak
of anti-kaval
movements in the background of changing political and
socio-economic scenario
effected by the British rule.
The sixth chapter is The Criminal Tribes Act and the Decline of
the Kaval
System. Here an attempt has been made to evaluate the
circumstances which
gave shape to the Criminal Tribes Act, the response of the
officials of the colonial
state and explains how it was implemented in Tamilnadu. The
reasons for the
failure of CTA and the gradual decline of the Kaval system are
analyzed in this
chapter.
The seventh chapter is the concluding chapter in which the
researcher has
recorded his observations and justified them.
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24
Source Materials
Source materials related to the topic of this study are
available with
Tamilnadu State Archives at Chennai in the forms of
consultations, proceedings,
reports, correspondence and letters pertaining to different
administrative
departments of the Government of Madras. District Records and
Manuals are
available in volumes contain so much of valuable informations
regarding
particular districts. Madurai District Archives at Madurai is a
repository of source
materials connected with the topic of this study, pertaining to
anti-kaval
movement in Madurai district.
Kummi on Sivarama Thalaivar, a folk song is another important
source
material having much bearing on the central theme of this study
and about its
early history before 1800. The folk song deals with Sivarama
Thalaivar, the
Kaval chief of Thirukkurungudi in Tirunelveli district. It
traces the history of its
hero Sivarama Thalaivar, right from the migration of his
ancestors from Ramnad
to Tirunelveli region. It was a period of political instability
caused by the efforts
taken by Nawab of Arcot against the turbulent Palayakarars with
the help of
British East India Company. It narrates the disputes related to
Kaval rights
among the different group of Kondayamkottai Maravars of southern
Tirunelveli
region and the exploits of its hero against the forces of
British East India
Company and end with his death in a Kaval dispute.
Right from K.A.N.Sastris outstanding work The Colas,
secondary
materials in the form of books, periodicals and journals are
available in good
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25
number. Though their thematic interests were different they
throw occasional
light on the central theme and other aspects of this study.
An important Secondary study - basically an anthropological
study on the
Piramalai Kallar community of Madurai district - is an
unpublished Ph.D., thesis
by Anand Sankar Pandian entitled as Landscapes of Redemption:
Cultivating
Heart and Soil in South India submitted to the University of
California, Berkeley,
(1999). It was of much help to understand the Piramalai Kallar
community and their Kaval system.
Apart from these materials mentioned above during the field
study, the
researcher interviewed notable personalities and collected
useful informations
pertaining to the study. Some of them were descendents of former
Kaval chiefs.
-
CHAPTER II
THE KAVAL SYSTEM
The word Kaval means watch. It is also used to denote the
functionary
who performs this duty.1 It was an ancient and indigenous
institution of
Tamilnadu. This was a hereditary village police office bestowed
with well defined
rights and responsibilities. Ample references are available
regarding Kaval
system in Sangam literature, and in the inscriptions of Pallava,
Chola and Pandia
kings. The terms like Ur Kappar (Protector of the Village) in
Purananooru, (Sangam literature)2 and Nadu Kaval (nadu means bigger
or wider territorial division), Padi Kaval3 (Padi means village or
land) and Perum Padi Kaval (Perum means bigger or wider) in the
inscription of ancient kings of Tamilnadu proved the existence of
Kaval system in Tamilnadu right from the sangam period.
Those who were engaged in this duty were known as Kavalkarar4
(guardian or protector).
1 S.Kadhirvel, A History of the Maravas, Madurai Publishing
House, Madurai, 1977, p.17;
Natana Kasinathan, Kaval System in Tamilnadu from 300 A.D-1600
A.D, Damilica, Journal of Tamil Nadu State Department of
Archaeology, Part-3, Madras, 1973, p.65.
2 S.Vithyananthan, Tamilar Salpu (Tamil), Kumaran Puthaga Illam,
Colombo and Chennai,
1980, pp.37-40. 3 There are many villages with the word Padi as
suffix in their names. Eg. Chandra Padi,
Kannam Padi, Kanal Padi, Mahendra Padi, Pudhu Padi, Pullam Padi,
Tamil Padi, Tharangam Padi, Vala Padi, and Vaniyam Padi.
4 Natana Kasinathan, Kaval System in Tamilnadu from 300 A.D-1600
A.D, Damilica, Journal
of Tamil Nadu State Department of Archaeology, Part-3, Madras,
1973, p.65.
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27
Regarding Padi Kaval, K.A.Nilakanta Sastri had made the
following
observation which provides a clear picture about the Kaval
system in ancient
(200 B.C. 900 A.D) Tamil Nadu.
The term padi kaval occurring more than once in the list of
taxes and dues deserves more attention than most of the
other
items mentioned; for it refers to a universally prevalent system
of
safeguarding property from theft especially at night. This was
the
system by which each village maintained its own kavalkarar, who
in
turn for certain regular payments to him, held himself
responsible
for the security of property in the village to the extent of
either
recovering lost property or making good; this system survived
in
some measure almost till the other day in Tamil country, and
it
seems to have been indeed off very ancient origin. A special
staff
of officials entrusted with this duty, and maintained from
the
proceeds of a special cess ear-marked for the purpose of the
padi-
kaval-kuli as it is sometime called, formed a regular feature of
the
Cola administrative system. In the later Cola days we find
these
duties increasingly falling in the hands of the over-grown
vassals
whose rise was a symptom of imminent dissolution of the
empire.
Humbler men in charge of relatively restricted area also carried
on
their work more quietly and with less detriment to the
well-being of
the central administration The terms perum padikaval and
mer-
padi-kaval are sometimes employed and these are perhaps to
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28
indicate the wider sphere of their police duties or their higher
status
as compared to the ordinary padi-kaval of the village.5
Nilakanta Sastris description of the Kaval system fits neatly
into his ideal
vision of a centralized state as the epitome of civilization.
During the times of
political instability, it has been suggested by historians such
as Y.Subbarayalu,
these Kavalkarars of different categories grew more powerful in
their regions and
became practically independent of the higher level power
centres.6
This process of development of the Kavalkarars becoming more
powerful
and independent in their respective regions, during the times of
political instability
and administrative weakness, was a common phenomenon, finding
expression
throughout the history of Tamilnadu.
Kaval system as a power to reckon with, continued its existence
during the
reign of Vijayanagar Empire, Madurai Nayaks and the Nawabs in
Tamilnadu. Nicholas B.Dirks observes that,
Below the regional kings of three great mandalams ranged
from Ramanathapuram and Pudukkottai on the one hand to the
tiny
estates of certain Tirunelveli Palaykarars on the other. At an
even
lower level, the developmental process of becoming a little
king
probably includes certain kavalkarars (protection chiefs) as
well for
5 K.A.Nilakanta Sastri, The Colas, 2 Vols, 1935 and 1937;
revised edition in one volume,
University of Madras, 1955, pp.533-534. 6 Y.Subbarayalu,
interviewed by A.R.Venkatachalapathy, Kalachuvadu, Tamil Monthly,
2004,
Nagercoil, p.21; V.Manickam, Pudukkottai Varalaru (Tamil), Clio
Publications, Madurai, 2004, pp.375-395.
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29
example the maravar kavalkarars of kalakkatu and Nankuneri
regions of Tirunelveli.7
Pamela G.Price in her discussion of the political structure of
Ramnad
Kingdom records that Eighteenth Century Ramnad was a collection
of numerous
domains, those of warrior chiefs of various designation
(Palaiyakkar or aracu
Kavalkar)8
Before the establishment of British supremacy in Tamilnadu,
Kaval system
was in operation throughout the Tamil speaking districts as well
as other parts of
Madras Presidency. In Telugu speaking regions Kaval was known as
Kavili.9
After the downfall of the Nayak kingdom of Madurai and before
the establishment
of British East India companys rule, when the Nawab of Arcot was
struggling
with the Palayakarars to establish his supremacy, when there
where many
conflicts between various contending parties for political
power, these
Kavalkarars became a power to reckon with in their areas of
control. Specifically
in the non-Palayakarar tracts they were highly independent,
powerful and
extraordinarily influential. A few of them even had their own
fortifications and
armed retainers. Some examples are Sivarama Thalaivar, the Kaval
chief of
7 Nicholas B. Dirks, The Hollow Crown: Ethno History of an
Indian Kingdom, Orient Longman,
Bombay 1987, pp.154-155. 8 Pamela G.Price, Raja-dharma in the
19th Century South India, Contributions to Indian
Sociology, Vol.13, No.2, July-December 1979, Institute of
Economic Growth, New Delhi, p.210.
9 Even today among the Telugu communities of the southern
districts of Tamilnadu this usage
is in vogue.
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30
Tirukkurungudi in Tirunelveli District10 and Periya Wagaboo the
Kaval chief of
Sirkali in Thanjavur district, during the closing decades of
eighteenth century.11
Functions
The primary function of a Kavalkarar whether, Men Kavalkarar or
Kudi
Kavalkarar, was to protect the grain, cattle, standing crops and
other domestic
properties of the inhabitants in the villages under their Kaval
control from thieves
and petty plunderers and to guard the public places like
temples, highways,
markets, tradefares, choultries and to keep an eye over the
strangers and
travellers. If any robbery occurred, it was the responsibility
of the Kavalkarars to
trace the culprit and recover the stolen properties, failing
which he had to
compensate the loss.12
Rous Peter, Collector of Madurai district while reporting about
the
functioning of Kavalkarars to the District Magistrate in 1811
made the following
observation:
The duties of a Cawolgar have always been considered, to
watch over the Crops on the Ground, to guard them when
reaped,
and when threshed, the produce is measured in his presence,
and
delivered over to his charge entirely; after which whatever loss
is
10 Sivarama Thalaivar Kummi (unpublished); Bishop R.Caldwell, A
History of Tinnevelly, Asian
Educational Services, New Delhi, 1881, p.144. 11
A.L.Grant, Collector of Thanjavur in his letter dated 30th
September 1799 to Major Inns Commanding Thanjavur - Judicial
Consultation, Vol.No.6A, pp.552-555.
12 S.R.Lushington, Collectors Report Regarding the Tirunelveli
Poligors and Sequestered
Pollams 1799 - 1800, Tirunelveli 1916, pp.2-3.
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31
sustained, he is considered the accountable person for it.
To
protect the Village to which he belongs, and should any of
the
inhabitants be robbed, he is obliged to make good from his
own
Mauniam Lands, the value of whatever Articles may have been
stolen unless he can deliver up the offenders to Justice, and in
that
case he is absolved from all responsibility. This method in the
first
instance compels him to guard the village with the utmost
caution
and in the latter occasions his being alert in the apprehension
of the
people who had been guilty of the Theft. He is also to watch
over
the Circar (Government) Grain wherever it may be deposited
within the range of his Cawol, to be a guide to Detachments
passing
through the Country if required, and to protect all Travelers as
long
as they continue within his village. These are considered
the
principal duties of a Cawolgar, there are others of a Minor
nature,
which it would be useless to mention.13
It was the responsibility of the Kaval chief or the Men
Kavalkarar to see to
it that it was enforced. The Men Kavalkarar with the assistance
of his Kudi
Kavalkarars launched an investigation and tried to find out the
culprit and recover
what was stolen. In case of failure, they had to compensate the
loss. In this
way, the head Kavalkarar assumed both police and judicial
powers.14
13 Rous Peter to District Magistrate, 28 November 1811, Madurai
Collectorate Records,
Vol.1158. 14
S.Kadhirvel, A History of The Maravas, Madurai Publishing House,
Madurai, 1977, p.18.
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32
Frederick S.Mulally of the Madras Police made the following
observation
regarding the function of rural police system in Tirunelveli
district towards the
closing decades of the nineteenth century. There were three
classes of village
police in the Tirunelveli district.15
a) Taliyaris These are the government village police paid by the
government at rates of ranging from Rs.2/- to Rs.4/- per mensem
from the village cess fund levied at the rate of one anna per rupee
on land revenue assessment.
b) Kavalgars Zamindar and Devasthanam village Police. These
receive no regular pay for their services. Some receive Sutantrams
fees and emoluments at intervals, others enjoy maniems or inam
lands, which are supposed to support countless relations, and
connections termed pangalies (share holders) while nearly all
receive some payment in kind at harvest.
c) Kudi Kavalgars These are private watchmen employed by
villagers on their own account for the greater safety of their
property. They are usually paid in kind in the understanding that
they return an equivalent in values for anything stolen. An
agreement to this entered into when the Kudi Kavalgars are
appointed.
The popular method of investigation followed by the Kavalkarars
to find
out the offenders was by tracing and following the footprints of
the offenders and
locating their whereabouts. In case the footprints of the
offenders crossed the
15 Frederick S.Mullaly, Notes on Criminal Tribes of The Madras
Presidency, Government Press,
Madras, 1892, pp.113, 114.
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33
borders of a particular village or villages, it became the
responsibility of the
Kavalkarars of those villages to trace the offenders.16 Another
method was to
pass the information to the fellow Kavalkarars of the
neighbouring villages. By
using this Kavalkarar network, they were able to monitor the
movement of the
offenders and locate their hiding places.
Categories
Men Kavalkarars and Kudi Kavalkarars
Towards the closing decades of the eighteenth century, there
were two
important categories of Kavalkarars i.e. Men Kavalkarars also
known as Mel
Kavalkarars or Mer Kavalkarars and Kudi Kavalkarars. Men
Kavalkarar was the
superior one who had many villages under his control. Kudi
Kavalkarars were of
the second category appointed by the Men Kavalkarars. They were
to perform
their Kaval duties as per the direction given by the Men
Kavalkarars.17
Sthalam Kaval or Kudi Kaval
Like the Kavalkarars the Kaval system too was also of two
important
categories. They were known as Sthalam Kaval also known as Kudi
Kaval, and
Desa Kaval.18
Sthalam Kaval (or) Kudi Kaval was the Kaval system operating at
the village level or at the most in a cluster of villages having
one Men Kavalkarar and
16 Tirunelveli District Records, Vol.No.3591, p.102.
17 Judicial Proceedings (Sundries, Police Committee Report),
Vol.No.8B, p.1879.
18 Judicial Proceedings (Sundries, Police Committee Report) Vol.
No.2A, p.59.
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34
few Kudi Kavalkarars as functionaries. Each Kudi Kavalkarar was
assigned a
particular village, or a portion of a village as his zone of
operation by the Men
Kavalkarar.19 In some regions these Kudi Kavalkarars were
assisted by
Visarippukarans, Koolapandis and Talayaris, a set of servants of
lower order in
discharging Kaval duties. These Kudi Kavalkarars were usually
transferred from
one village to the other or from one portion of the village to
the other periodically
by the Men Kavalkarar. In the case of big villages having
extensive tract of wet
land with irrigation facilities from reservoirs, the Kavalkarars
were deployed
according to the number of water channels in the reservoir and
the extent of land
under cultivation.20 Thus the number of Kavalkarars was directly
related to the
economic affluence of the villages.
Desa Kaval
The second category of the Kaval system was Desa Kaval. Here the
word
Desa means district or country consisting of many villages. This
institution of
Desa Kaval denotes country watch in which a number of villages
would be under
the control of a leader and he would be the head of the head
Kavalkarars of
these villages.21 The Desa Kaval chief commanded the respect and
loyalty of the
Sthalam or Kudi Kaval chiefs. Monitoring the boundary regions,
jungle tracts, mountain pass, highways and settling the disputes
between villages were the
important function of the Desa Kaval chiefs.22 The decisions and
judgement of
19 S.Kadhirvel, A History of the Maravas, p.17
20 Interview with S.Kadhirvel of Tirukkurungudi on 5th November
2003.
21 S.Kadhirvel, A History of the Maravas, p.19.
22 Ibid.
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35
these Desa Kaval chiefs appear to have been implicitly
accepted.23 These two
institutions were functioning side by side all over Tamilnadu,
especially in the
southern districts of Tamilnadu.
In the Palayakarar region in general the Palayakarars were also
invariably
the Desa Kaval chiefs. All the villages within a Palayam were
directly under the
Desa Kaval control of the Palayakarars. Apart from that
depending on their
power and influence these Palayakarars had Kaval control over
the Circar
villages too. As per Table 2:1, it is evident that the
Palayakarars were regularly
collecting Desa Kaval fee from the Circar villages and a share
from the Kudi
Kaval fee collected by Kudi Kavalkarars operating in the Circar
villages. These
factors indicate the power and influence exercised by the
Palayakarars over
Circar territories. The encroachment of the Palayakarars over
Circar territories
and the huge amount collected by them in the name of Kaval fee
were
unacceptable to the British. The income through the Kaval fee
was directly
related to the extent of the territory under the control of the
Palayakarars. Every
one of them was keen in extending his area of control. It
resulted in mutual
conflicts. This was the same with non-Palayakarar Desa Kaval
chiefs also. In
the non- Palayakarar tracts there were several powerful chiefs
who exercised this
function. The striking example was the Arupangu Nadu Maravars of
Nanguneri
taluk of Tirunelveli district.24
23 Towards the closing decades of nineteenth century and in the
following years, the power and
authority of the Kavalkarars were challenged by the people on
many occasions. 24
G.O.No.473, Judicial, 31 March 1897.
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36
Arupangu Nadu25 was a Desa Kaval unit consisting of six villages
namely
Marugalkuruchi, Manchankulam, Kannimarmalai, Pudur, Thennimalai
and
Nedunkulam. All these villages had their own Men Kavalkarars
with dependent
Kaval villages and Kudi Kavalkarars. But the office of Desa
Kaval chief was
invariably from Marugalkuruchi.26
In Thanjavur district Periya Wagaboo and Chinna Wagaboo the
Kaval chiefs of Sirkali regions were the other Desa Kaval chiefs
who exercised control
over several villages.27
In the Karur region though the Kallars and Kuravars shared
the
responsibility of Kaval, it was the Kallars who were the Desa
Kaval chiefs
exercising control over several villages unlike the Kuravar
Kavalkarars who had
control over single villages.28
Other Kaval Systems
Apart from these two general categories of Kaval - Sthalam (or)
Kudi Kaval and Desa Kaval - there were a few other special
categories of Kaval like
Kondi Kaval, Thesai Kaval, Kovil Kaval or Dharma Sthapana Kaval
and Pathai
Kaval.
Kondi Kaval was a peculiar system of Kaval widely prevalent in
the
southern districts of Tamilnadu. Kondi Kaval meant watching the
fields
25 Arupangu in Tamil means six shares or six divisions.
26 S.Kadhirvel, A History of the Maravas, p.19.
27 Judicial Consultations, Vol.No.6A, pp.564-569; Vide Appendix
I.
In Tamil Periya means elder and Chinna means younger; 28
Kuravars whose occupation was Kaval were known as Kaval
Kuravars.
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37
particularly when the crops were ripening to harvest. It was
indispensable to a
cultivator in a land almost devoid of hedges and fencing. Here
the primary duty
of the Kavalkarars was to protect the ripening crops from both
cattle and
thieves.29
Thesai Kaval meant protecting a particular area or region
infested by
robber gangs or prone to frequent dacoities.30
Kovil Kaval or Dharma Sthapana Kaval meant protecting the
properties of
a particular temple for which the temple had to make payments to
the
Kavalkarars. There is evidence that the Kallar were Kavalkarars
at Kanchi,
Srirangam and Alagarcoil in addition to several other small
temples.31 The
Arupangunadu Maravars in the Nanguneri region of Tirunelveli
district were the
Kavalkarars of the Vaisnavite temple and the religious mutt
(which controlled vast tracts of land) at Nanguneri.32 Similar was
the case with Nambiandavar temple at Tirukkurungudi of Tirunelveli
district which was under the Kavalship of a
Maravar family of Nambi Thalaivan Pattayam, a village very close
by.33 The
Kaval of Murugan temple at Tiruparankuntram and Alagarkovil was
again the
29 In A Note on the Marava oppression in Tirunelveli District -
by G.H.P.Bailey Esqi.p., District
Superintendent of Police, Tirunelvely; Kondi in Tamil means
robbery. 30
A.Ramasamy (ed), Tamilnadu District Gazetteer: Ramnad, Govt. of
Tamil Nadu, Madras, 1972, p.671.
31 Stuart H.Blackburn, The Kallars: A Tamil Criminal Tribe
Reconsidered in South Asia:
Journal of Asian Studies, New Series, Vol.1, No.1, March 1978,
p.46; A.V.Asirvatha Udaiyar, Maravar Charitram, Devarkulam, 1938,
p.65.
32 David Ludden, Peasant History in South India, Oxford
University Press, Delhi, 1993, p.50.
33 Even today a Maravar family of Nambi Thalaivan Pattayam is
the Kavalkarar of the
Nambiandavar temple at Tirukkurangudi.
-
38
responsibility of the Kallars of Madurai region.34 Moreover the
Kaval chiefs who
was incharge of the temple Kaval were honoured by the temple
authorities during
important festivals.
Pathai Kaval implied protecting the highways. Occasionally it
referred to
providing escort to the highway travellers as well. Long
distance travellers,
merchants, family members of rich families, Christian
missionaries and bullock
carts loaded with goods were usually escorted by armed
Kavalkarars.35 While
escorting the travellers especially during the night the
Kavalkarars use to talk in
raised tone always so that it was expected that the robbers
hiding on the
roadside would recognize the voice of the Kavalkarar and dare
not to attack.
When Burma and Sri Lanka came under the control of the British
there
was mass scale of migration of people of Tamil Nadu seeking
economic
opportunities to both the countries. Among them the Nattukottai
Chettiyars and
Vanika Chettiyars (Merchant Communities) of Karaikudi and
Thirpathur regions were prominent. The male members of these
families when returning home with
their hard earned money and valuables used to employ Kallars
and
Ambalakarars as Kavalkarars usually after reaching Karaikudi or
Madurai from
34 Stuart H.Blackburn, The Kallars: A Tamil Criminal Tribe
Reconsidered p.46; Interview with
S.Venkatesan, a Tamil writer and a native of Tiruparankundram on
10th January 2004. When Criminal Tribes Act was imposed on the
Piramalai Kallars of Madurai district, these Kallar Kavalkarars
were given exemption.
35 J.H.Nelson, The Madura Country A Manual, Asian Educational
services, New Delhi, 1989,
Part No.III, p.169; also see Stuart H.Blackburn, The Kallars: A
Tamil Criminal Tribe Reconsidered, p.47.
-
39
Chennai or Tuticorin by train. From there, they were accompanied
by Kallar
Kavalkarars during their journey to their villages.36
Kaval Fee: Mode of Payment
The services of the Sthalam Kavalkarars or Kudi Kavalkarars
were
generally rewarded by a fee which consisted mostly of a portion
of the crop that
they protected or monetary payment or allocation of agricultural
land.
J.W.Cochrane, Collector of Tirunelveli district has recorded the
mode of
payment of Kaval fee then existed in Tirunelveli region as
mentioned below:
1. An allowance in grain taken from the gross produce before
the
division of the crop take place between the Sircar and the
inhabitants.
2. The enjoyment of certain portion of land as Enam (tax
free).
3. Fee in money from the inhabitants upon their ploughs,
bullocks
and homes.
4. Fee in money from merchants at a certain rate of per
bullock
and cooly load of goods.
5. An allowance of certain number of sheep and other articles
in
kind from the inhabitants upon the performance of certain
religious ceremonies. As the payment of this fee from the
36 Interview with S.Somasekar, Professor of Physics, Rajus
College, Rajapalayam, Native of
Tirubuvanam, Madurai District, 20 January 2004.
-
40
inhabitants and merchants is made directly by them to the
Cauwelgars, it is difficult to form a conclusion of the
exact
amount of these allowances.37
Like the Sthalam Kavalkarars or Kudi Kavalkarars the Desa Kaval
chiefs
were also rewarded by fees of different kinds.38
1. Wumbalam or certain allotment of Punja (dry land) and Nanjah
(wet land) in every kaval village, from which the poligor draws his
share.
2. The second one was Vadikkai Venduhole (Solicitation of the
inhabitants) consisting of certain fixed annual payment from the
villages.
3. The last one embrace the fees on plough, a few Maracalls of
paddy from the village Nanjah land, Suncooms (excise duty) levied
in kaval districts, taxes on looms, market places etc.
4. Apart from these they also received a share from the kaval
dues collected by the kudi kavalkarars of Circar villages.39
The fee collected both by the Kudi Kavalkarars and Desa Kaval
chiefs in
return of their services amounts to one fifth of the total
revenue collection in a
district as per the rough estimate of the Companys servants.
(See Table 2:1)
37 Collectors Report Regarding the Tinnevelly Poligors and
Sequestered Pollams 1779 - 1800,
Collectorate Press, Tinnevelly, 1916, pp.3-4. 38
J.W.Cochrane to Secretary of Police Committee, 7 November 1805,
Tirunelveli District Records, Vol.No.3600, p.184.
39 Board of Revenue Consultation, Vol.No.264, p.8779, Also See
Table No.2:1.
-
41
Table 2:1
Poligors and Kaval Collections
Statement of the Revenue of Tesha Kaval in the Tirunelveli
Province and
part of Madurai in Fusly 1209 (A.D.1800).
Sequested Pollams Amount of Desa Kaval from the Circar Villages
to the
Poligar
Amount of Sthalan or Kudi Kaval from the circar villages by the
Sthalam Cauvilgars to
the Poligar
Chuly Chukkram
Panam Casu Chuly Chukkram
Panam Casu
1. Panchalam Kuruchi 15517 6 21 2645 3 45
2. Kulathur - - - - - -
3. Nagalapuram 538 8 6 83 2 -
4. Kadalkudi 135 9 30 40 - 42
5. Yellayarampannai 852 1 03 49 9 45
6. Kolvarpatti 1960 - 36 37 3 39
7. Shaptoor 3095 - 30 40 - -
Total 22099 6 30 1890 - 27
Poligors in Possession
1. Sivagiri 4980 9 - 324 6 15
2. Shethur 86 5 42 - - -
3. Kollamkondan 353 4 12 - - -
4. Alagapuri 522 4 39 7 - 36
5. Chokampatti 5756 5 9 9 - -
-
42
6. Surandai 328 9 33 16 1 24
7. Naduvakuruchi 441 - 21 45 - -
8. Talaivankottai 337 5 45 - - -
9. Avudaiyapuram 384 6 18 - - -
10. Wootumalai 3306 4 15 - - -
11. Woorcaud 431 6 42 2121 8 15
12. Singampatti 132 3 9 251 7 89
13. Ettayapuram 1199 4 21 15 8 12
14. Kadamboor 141 1 24 46 3 42
15. Maniyachi 501 3 45 119 2 36
16. Attankarai 204 - - 4 5 21
17. Melmandai 3 7 18 - - -
18. Pauvely 867 - 27 75 3 1
19. Manarkottai 332 8 6 9 6 0
20. Colvarpatti - - - - - -
21. Chennelgudi 107 1 - - 5 -
22. Peraiyur 1764 5 9 152 - 38
23. Sandaiyur 823 6 39 31 2 4
24. Yelumalai 297 4 36 12 - -
Total 23245 - 12 366 7 12
(One Chukkram = Rs.2 1 ana 11 paise) Tiruchendur 5th October
1800 Signed / S.R.Lushington
Source : Board of Revenue Consultations, Vol.264, p.8779.
Note : This table shows the collections made by the respective
poligors previous to the assumption of the Cauvel subsequently made
by the collector of the Southern Peshcush together with the balance
outstanding in money and grain at the time of surrender to the
Nawab.
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43
Thuppu Cooli
Thuppu Cooli was an important and integral part of the Kaval
system
closely associated with the crime of cattle theft committed by
the Kavalkarars or
by others in connivance with the Kavalkarars, which was quite
common and
great in number. This was the crime which agonized the
authorities the most and
invariably occupied a prominent place in the colonial discourse.
Moreover it was
the worst form of crime much feared by the people because in an
agrarian
society, cattles occupied a pivotal place in the day to day
economic life of the
farmers. For some communities in Tamilnadu cattle were their
only property and
cattle rearing was their traditional occupation. Cattle theft
was committed for two
important reasons. It was the weapon frequently used by the
Kavalkarars
against those who refused to accept their Kaval rights or to pay
the Kaval fee.
The other reason was earning money by illegal means. The
monetary benefit
enjoyed by the persons who committed this crime was known as
Thuppu cooli.40
Thuppu in Tamil means information or clue. Cooli means the
payment to
be made to the person for the work he has rendered. (e.g) B
steals As bullocks or property, C, Bs friend goes to A and promises
to recover the bulls or the
property on payment of a certain sum. A consents, D a friend of
C shows A
where to find the property. The amount paid by A was known as
Thuppu cooli,
which is shared by others.41 Invariably Kavalkarars play an
important role in this
40 In the southern districts of Tamilnadu particularly in
Madurai and Tirunelveli Thuppu Cooli
system is prevalent even today. 41
E.Stevenson, Deputy Inspector General of Police to the Inspector
General of Police, G.O.No.473, Judicial, 31 March 1897, p.37.
-
44
operation and receive his share. The amount to be paid as Thuppu
cooli
normally amounts to half of the value of the property
stolen.
In the Tiruchirapalli District Gazetteer Thuppu cooli is
described in the
following terms.
Tuppukuli means restoration of stolen property on payment of
a
price. Kavalgars acted as intermediaries between the victims of
the
robbery and perpetrators of crime to whom Mullikuli or thorn
payment and Kattukuli or payment for the upkeep of stolen
cattle
were to be paid. Kavalgaras received kulukuli or the fee
ordinarily
a quarter of the total amount paid.42
Here the term Mullu cooli or thorn payment means the payment
made to
the person who actually robbed the cattle and drove the animal
to a safer place
through jungles during nights facing the task of crossing thorny
bushes. In many cases the actual robbers do not keep the stolen
animals with them, instead they
leave the animals under the custody of any one of their relative
or associate.
During such times the animals were looked after and fed by them
in a nearby
village. The payment made for the upkeep of the animal is known
as Kattu Cooli.
H.Tremmenheere, District Magistrate of Bellary served in the
southern
districts earlier in his report to the Chief Secretary to
Government dated 20th
November 1885 provided a statistical data regarding the cattle
theft as furnished
below.
42 Madras District Gazetteers, Thiruchirapalli District,
Government of Madras, 1907, pp.256,
257.
-
45
It appears that the whole value of the cattle stolen, 42 per
cent pertains to the three districts of Coimbatore, Madura and
Tirunelveli, their figures being as follows:
Rs.
Coimbatore 9031 Madura 8219 Tinnevelly 6229
Total 23479 Of this value only Rs.11421/- was recovered, giving
a net loss to
these three districts of Rs.12058/- a loss which probably
largely
understates the truth.43
In the Madurai and Tirunelveli regions the problem of cattle
lifting was a
big headache to the police machinery. As the police could not
make any
headway regarding the complaints made on cattle lifting, many
cases went
unreported. Regarding this the following observation was made by
the Inspector
General of Police.
Taking cattle thefts first these crimes constitute, as every
Magistrate of the south knows, the popular form of crime to
which
maravas and kallars are addicted. But the point is of course not
the
crime comes to light but the mass of unreported crime of this
kind
which is never reported to the police. It is of course
impossible to
estimate this at all accurately, but every police officer who
served in
Madura and Tirunelveli tells the same story, that we
actually
43 G.O.No.473, Judicial, 31 March 1893, p.13.
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46
register but a small portion of the crime against property
which
occurs.44
F.Fawcett, Superintendent of Police, Malabar in his report to
the Inspector
General of Police went one step further and commented that:
Black-mail and Tuppukuli are in no way repressed by the law
because they are stronger than the law. The law has had
practically no effect on them, and so long as the law is not
more
forcible than it is, it will not affect them, for we have seen
that they
are not the things of modern growth, but genuine expression
of
racial feelings and therefore of an intensity not easily put
aside.
Cattle are being stolen from the road, from the yard, from the
pen,
from the house. The large cattle fair, which is a feature of the
great
yearly festival in Madurai town, is invariably the scene of
many
thefts, although it is difficult to imagine circumstances under
which
cattle-stealing would be more nearly possible.
Then comes in tuppukuli, clue hire. In this way cattle are lost.
It
is known, of course, that they have been stolen. Presently a
kallar
gives information, he has a clue; he does not know where the
animals are, or who stole them, but he thinks that if so much is
paid
perhaps he can manage to find out the thieves, bring them to
justice and get restoration of animals. The money is paid, it is
not
44 M.Hammick, Inspector-General of Police to the Chief Secretary
to Government, Ootacamund
24 April 1896, G.O. No.473, Judicial, 31 March 1897.
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47
long before the beasts are found grazing quietly in an adjoining
field and then the affair may be explained as an unfortunate
mistake.45
With the establishment of British rule in 1802, stringent
anti-kaval
measures were undertaken by the colonial state in stages to
annihilate the Kaval
system. Desa Kaval and Kudi Kaval systems were abolished in 1802
and 1816
respectively. In their place, new police establishments were
introduced. The
land grants enjoyed by the Kavalkarars were also confiscated by
the colonial government in the name new revenue polices.
Consequently, a major section of the Kavalkarars were rendered
jobless. In proportion to the anti-kaval measures of the colonial
state, the crimes committed by the Kavalkarars also increased
and
among such crimes, the most frequent and greater in number was
Thuppu Cooli.
Regional Variations
In the nomenclature of Kaval system and the Kavalkarars, there
were
many regional variations, though there was considerable
uniformity in the
purpose and way of functioning of the system. The officers of
the Kaval system
of police were distinguished by different appellations each
signifying the rank or
duty of the persons on whom it is confirmed.
Arasoo Kaval (Royal Kaval) In the princely states of Ramnad,
Pudukkottai and Thanjavur the kings
themselves were the Kaval chiefs and their office was named as
Arasoo
45 F.Fawcett to M.Hammick, G.O.No.473, Judicial, 31 March 1897,
p.32.
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48
Kavalagam. The same was the case with the Palayakarars of
Ariyalur, Thuraiyur
and Udaiyarpalayam who were directly incharge of the Kaval
system. Hence in
this region the Kaval system was named as Arasoo Kaval (Royal
Kaval).46 While the kings and the Palayakarars occupied the top
position in the administrative
hierarchy of the Kaval system, there were others in the
descending order like
Men Kavalkarars (Superior Kavalkarars), Kudi Kavalkarars,
Visarippukarars and Koolapandis or Talaiyaris at the lowest
level.47
Men Kavalkarars
Men Kavalkarars was a popular term in Thanjavur and
Tiruchirapalli districts signifies the head or chief Kavalkarars
corresponding to the Palayakarar
and non-Palayakarar Desa kaval chiefs of Tirunelveli district.
The Men
Kavalkarars of the Melur region of Madurai particularly of the
Kallar community
were known as Ambalakarars.48
The ordinary Kudi Kavalkarars of Thanjavur region had some men
under their supervision to share their work. They were called
Visarippukarans (person incharge of investigation) and Koolapandi
or Thalaiyaris. We dont come across such offices related to Kaval
system in Madurai and Tirunelveli region. But there
were village level servants known in the name of Thalaiyaris in
Tirunelveli region
too. The Kudi Kavalkarars of the northern districts were known
by a different
46 Judicial Proceedings (Sundries, Police Committee Report),
Vol.2A, pp.710-714.
47 Ibid.
48 Stuart H.Blackburn, The Kallars: A Tamil Criminal Tribe
Reconsidered, p.47.
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49
name altogether as Tookeris in Chengalpat and Chennai region.49
The same
person was called as Kattubadi in South Arcot region.50
In the Thanjavur region the Kaval system was much more concerned
with cattle theft than crops and other properties.51 This is not
surprising considering
that it was the most important rice-producing wet zone of
Tamilnadu: having farm
operations throughout the year. In such a situation the need of
cattle both for
natural fertilizer and farm work was always felt. Moreover
Kavalkarars who had
Kaval jurisdiction over coastal villages and ports also
collected, apart from their usual fee, Magumai i.e. import and
export tax on goods.52
Kaval Deeds
While assuming the responsibility of Kavalship of a particular
village or
villages oral agreements were made between the village elders
and the
Kavalkarars. In some cases agreements were executed by the
villagers and the
Kavalkarars specifying the names of the elders of the village
and the
Kavalkarars, names of the villages to be covered under the Kaval
and the fee to
be paid in detail. These kind of deeds were known as Muri.53
N.M.Venkatasamy
Nattar, distinguished Tamil scholar and author of a history of
the Kallar caste
provides one such Muri that reads as follows:
49 Ibid., pp.749-750.
50 B.S.Baliga, Madras District Gazetteers, South Arcot, Govt. of
Madras, Madras, 1962, p.378.
51 F.R.Hemingway, Madras District Gazetteers Thanjavur, Vol.1,
No.1, Govt. of Madras, 1966,
p.206. 52
Judicial Proceedings (Sundries, Police Committee Report),
Vol.No.58, Serial No.7411, pp.307-311.
53 Venkatasamy Nattar, Kallar Charitram (in Tamil), Jekam &
Co, Thiruchirapalli, 1928, p.125.
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50
We Lakshmana Reddiyar, Nallappa Reddiyar, Kalathi
Reddiyar, Erama Reddiyar, Poosari [Priest], Chinnathambi
Udaiyar,
Kalitheertha Udaiyar and Rettai Patchai Udaiyar of
Thuraimangalam village and Kondaiah, Narasaiah, Lingaiah,
Mannakkon, Maravakon and Perumsinga Kon of Akaram have
executed a Men Kaval agreement [Muri] with Karutha Kankeyar
and Velayutha Cholagar of Erimangalam Nadu on 7th of month
Thai
of Akshaya Varusam [Jan.21, 1806]. We accept to pay a fee of
ten
Madurai gold coins every year; five to Karutha Kankeyar and
another five to Velayutha Cholaganar, witness Nallappa
Reddiyar
of Thiruvachi, Nallappa Reddiyar of Perumayilur and
Renganatha
Pillai the accountant.54
Even after the establishment of Companys rule, such agreements
(Muri) continued to be in vogue. The following is such an agreement
executed by a
Kavalkarar by name Narasa Udaiyan.55
Whereas the Circar having fixed certain allowances to be
granted
for my maintenance, I engage that I will be careful and use
my
endeavours to prevent thefts in the village