New paths must open up if the law is to perform its duty and protect the innocent. A Telegraph file picture

Police blaming rules framed centuries ago for the killings leading from simple tribal disputes may seem as yet another example of shrugging off responsibility by law enforcers. A case of seeking the easy way out by taking refuge in customs handed down through generations of tribal history.

The issues behind the killings are mostly trivial, which could have been solved amicably between the concerned parties, or at least by the village chief (Munda). And if they all fail, at least by the local police.

But, the police say, they are often not brought into the picture at all. At least not till it is too late.

As it happened in the case of Lakhan Sinku, who was brutally murdered in Mringlindi village in a cattle related spat under Jhinkpani block of West Singhbhum on November 2 last year. The case was put up before the Munda, who failed to settle it. Instead, in a tragic turn, the complainant was murdered and the local police later booked cases against the two accused.

A tragedy repeated with Sagar Sundi, who had put up a land-related scuffle before the Munda. The case progressed nowhere, instead, Sundi, a dweller of Bara Lagai under Sadar block of West Singhbhum, was inhumanly murdered and buried in nearby forest areas on November 6 last year. Again, the local police came in to lodge a case against the four accused, including the village chief, on November 23 last year.

These are just stray examples of the many such incidents that can be quoted, and worse, that go unquoted and unreported. And they are said to be the direct fallout of the customary laws in and around West Singhbhum district, where the village chief (Munda) and chief of a group of villages (Manki), have been given legitimate powers to settle the village-level non-criminal scuffles under Wilkinson?s Rule framed way back in 1837.

A rule, which also gives them the right and the duty of collecting land revenue and informing the police about any mishaps within their jurisdiction.

But whatever benefits the rule was supposed to enforce, are obviously just not happening. Anymore, at least. Too many such death cases have been reported in recent times, all because of non-settlement of personal disputes or non-timely relief or unsatisfactory verdicts by the Munda or the Manki in various parts of the Ho dominant district of the Singhbhum-Kolhan division.

The Ho tribe dominant West Singhbhum district came into direct control and management of the British Governor in 1837. Kolhan (present West Singhbhum) was incorporated in the administrative unit known as the South West Frontier Agency in 1837. The British regime had ruled the kolhan areas (1837-1947) and legitimised the existing customary by framing Wilkinson?s Rule, which was framed under Regulation XIII of 1833. Prior to the British rule, Kolhan was administered by the kings of Seraikela (Seraikela-Kharsawan district) and Mayurbhanj ( present Orissa). CaptainWilkinson, who functioned as a political agent of the British, had legitimised the traditional laws for streamlining village-level crime and collection of revenue.

West Singhbhum superintendent of police Navin Kumar Singh strongly believes that majority of the killings in the past had links with the malfunctioning of Wilkinson?s Rule under which the Munda and Manki have been given power to settle the village-level disputes. ?Many village-level disputes are not reported to the police as the villagers lodge the complaints to the guardians of law at the hamlets itself,? Singh complained.

?There are many unnoticed deaths where people might have been killed for small reasons,? the district chief also admits.

Referring to the cases referred above the superintendent pointed out : ?Had the disputes been solved by the village heads, there would not be death of innocent tribals.? He also alleged that most of the verdicts are being delivered under the influence of liquor.

President of the Manki-Munda Sangh, Antu Hembrom, brushed aside the allegation of the district administration about malfunctioning of the traditional system of the district. ?In fact, the police have been violating their rules in the land of Wilkinson?s Rule. Police can?t enter a village without informing the Munda and arrest anybody. But there have been encroachment of customary laws in almost all parts of the district,? Hembrom charged.

He, however, admits that a few Mundas and Mankis have been influenced by the nitty-gritty of politics at village-levels.

The traditional role of Manki-Munda has been to collect ?revenue? on behalf of the district. In addition, the Mundas are link persons between the village and district administration. The British had also given them the right to protect forest areas, allot lands to needy and solve other village-level problems.

The posts of Manki-Munda have been hereditary since immemorial times. But their appointment letters have been traditionally issued by the superintendent of Kolhan. In case of unnatural death and other chronic disease, villagers elect their chiefs.

These tragedies notwithstanding, their importance remains. ?Many of the Manki-Mundas are not academically sound but they know their roles better than judges. Cases have been solved that remained pending in district courts for years,? said Chandan Honhaga, Munda of Kotsona village under Khuntpani block. For some,the faith lives.

Anupam Rana