Laws, which should have helped the tribals grow, continue to be ignored and misinterpreted. A Telegraph File picture

Gandhi might have had his own ideologies for conceptualising self-sufficient Indian villages, but the British had very practical reasons for trying out the same idea, which obviously were very different from Gandhi?s.

Though the basic idea, that the units concerned be able to take care of their needs, was the same. For the British the implementation of this idea became very important in certain regions, like West Singhbhum, which were impossible for them to access due to the rough physical terrain.

It was following the suggestions of Thomas Wilkinson, a political agent of the South West Frontier Agency (SWFA), certain rules were framed under Regulation XIII of 1833, that allowed these regions to administer themselves independently. One of them being the creation of offices of deputy commissioners who would be responsible for administering of justice directly, without involvement of pleaders, or lawyers, in more modern terms.

An idea meant to help the tribals, which today is as ineffectual as the other aspect of Wilkinson?s law, which gave powers to the village Mundas to decide local cases themselves, which they make a mess of, while the police get a fine excuse to shirk off responsibility, citing the Wilkinson Rule.

At least the police have an excuse to give, but one really wonders as to what excuses the offices of the deputy commissioners will come up in defence of their failure to carry out the law, which states that the tribals are not to go to civil courts with their cases, nor involve lawyers, as they are responsible for the early disposal of the cases.

Today, not only are the cases in the deputy commissioners offices piling up beyond control, pending for as many as 30 long years, lawyers too, are being increasingly relied upon by the petitioners.

Something which the British had simply not imagined while setting up the deputy commissioner?s office in West Singhbhum in 1836. Since then the court of deputy commissioner has been functional in ?Ho? dominant tribal district. The Kolhan area of the Singhbhum-Kolhan division, comprising East and West Singhbhum, and Seraikela-Kharsawan, have been following Wilkinson?s Rule in independent India.

Commissioner of the Singhbhum-Kolhan division, deputy commissioner, additional deputy commissioner and superintendent of Kolhan have been given rights to settle disputes related to civil cases under the Wilkinson?s Rule.

The idea behind the drafting of this rule was simple. That the tribals in these remote places should be able to get justice without the hassle of courts and lawyers. If at all lawyers are needed, special permission is to be taken from the office of the deputy commissioner, who has the discretionary power to decide if indeed such help is needed.

Powers they continue to enjoy, but are too indifferent to use, with or without discretion. Though, at the time of its implementation the law must have worked, considering that its area of force was gradually increased. Initially, the Civil Courts Act and Civil Procedure Code were not extended to West Singhbhum (Kolhan) except the Municipal areas of Chaibasa.

However, in 1857, the post of Kolhan superintendent was created to assist the deputy commissioner in administrative work in West Singhbhum. He worked under the general guidance and supervision of the deputy commissioner.

This has continued, with the government maintaining it even after the formation of the new state. With Kolhan incorporated as one of the administrative units of the SWFA, the post of an assistant to political agent of the SWFA was created with headquarters at Chaibasa.

Only in special or complicated cases, the Kolhan Superintendent allowed pleaders to appear and contest the case at the deputy commissioner?s office.

The hearing of cases in which petitioners submit a court fees less than Rs 5,000 take place at the office of Kolhan superintendent. However, if the fees is above Rs 5,000, it is heard at the court of the deputy commissioner.

Chandra Bhushan Devgam, a petitioner at the Chaibasa deputy commissioner?s office, said: ?Most of the petitioners have roped in lawyers for their cases.? He voiced the feelings of many others when he alleged that officials of the deputy commissioner?s office were ignorant, besides being indifferent. Which is not hard to believe, considering officials in the deputy commissioner?s office seem to have no clue what?s going on, not even to the exact nature of the law.

Additional deputy commissioner of police A.P. Shukla says the tribals themselves are to be blamed. ?The petitioners themselves appoint lawyers for their cases,? he said. Deputy commissioner M.P. Mishra admits lawyers have been flocking at his court. ?I am not aware about the legal provision whether the lawyers have been given authority to advocate for a petitioner,? he said, adding it was a trend continuing from the times of his predecessors.

Responsibility againshrugged, like the police do in the crime-related cases, which seems to be the best use being made of the law once framed to protect tribal rights.

Anupam Rana