The Branded Criminal: In Search of Liberation

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The Branded Criminal: In Search of Liberation Page 5

by Yakub Totanawala


  The Branding

  I waited at the hill. Zaheer arrived at 8:30 am.

  ‘Hello, sir. Be happy,’ he greeted me. I curled my lips in a smile. ‘We’ll sit in the same place. Near the edge.’ He pointed. I nodded. We sat on the opposite rocks. He faced me and said, ‘Speak out, sir. Who are you? What brought you to Bangalore? Are you still into the same rioting job?’

  Although I wished to hear him more, I prepared to share my life details. I closed my eyes, took a deep breath, and exhaled. I shared my story and my soul with him.

  ‘Zaheer, I am a Chhara. Born in Chharanagar confinement on the outskirts of Ahmedabad, near your locality.

  ‘From the Naroda Patia junction, head towards Kubernagar. At the first intersection, on your right, you will find Satkarnagar Police Station. Check for a 20 feet wide road on your left and proceed 50 metres. You’ll land up in a 60 x 60 open space, bounded by walls.

  ‘The area brims with soft sand and is encroached by the Chharanagar animals. Beware; dogs, pigs, cats, cows, buffaloes, donkeys, goats, roosters, and hens, rest there. We call them the “gatekeepers.” They are not human and therefore stay in harmony. Are you puking already from a nauseating smell? Cover your nose and peep in the drain at your risk. A garbage pile stands in the North-East corner. Behind is a gate leading to a cricket-field sized playground, open to all. The opposite wall has a ten-feet opening with a concrete arch above. The words “Welcome to Chharanagar” are painted in English and Gujarati on the curve. Hah. Take a bow; you are at the doorway of a criminal tribe.

  ‘Criminal tribe?’ asked Zaheer.

  ‘Have patience; I’ll share the details. The entrance wall features a faded painting of the leaders of the ruling “Modern Political Party” with their hands joined and flashing a smile. Chhara children and the gatekeepers pee on them. The caption reads: “For a prosperous future and better civic amenities, Vote for MPP.” On the left-side wall is a pale picture of “Progressive League”—the opposition party. It portrays their leaders with their palms joined and smiling. The slogan reads: “For water, roads and electricity, Vote for PL.” The image starts from a five-feet height, and so the children struggle to splash their leaks on them. The same painter repaints the images before every election.

  ‘Inside is a congested ghetto with narrow by-lanes. It comprises 200 to 400 square feet Chhara homes made of concrete or tin sheds, and a few with a mix of both. Along with 20,000 plus Chharas, endless species of rodents and insects live there. The mind-numbing stink from the open gutters permeates the air. Chharas are habitual to it, and its absence makes them ill. Piled-up garbage-mountains signify the community’s social status. Pigs wander around and hinder our movements. These piggies are black, unlike their fair and superior western counterparts. These perverted animals splatter in the gutters; sleep, fuck, and defecate whenever and wherever they want. The street dogs are our family members and people use them as pillows. Children wander around naked and, like the pigs, relieve themselves wherever they want. People, whenever they step on the faeces, clean the affected part by rubbing it on the nearest hut. Men and women roam around, careless of their attires.

  ‘That is Chharanagar where our members stay. Do you know of Chharas?’

  ‘Yes. Chharas destroyed us.’

  I pressed my teeth and paused for a while.

  ‘We are infamous as a criminal tribe. Our ancestors excelled in crimes, the crimes for material gain,’ I said.

  ‘What an irony!’ he said and squinted at me. ‘So, crime runs in the blood.’ He smacked his lips and sneered.

  I shut my eyes. His comment slit my heart. The old trauma shattered me and my inner voice screamed. Had he not been my victim, I would’ve sliced his neck.

  I gritted my teeth and said, ‘Hah... Easy to criticise. Do you know our past? Have you heard of nomadic people? Are you aware of the fucking Criminal Tribes Act?’ I rolled out a history test.

  ‘Umm. No.’ He shoved his hand in his pocket.

  ‘Then do not comment without knowing,’ I said, glaring at him.

  ‘Relax, sir,’ he said, and came near me. He squeezed my shoulder and said, ‘Inform me about them. It will increase my knowledge.’

  His touch eased me. My body slumped. Nobody wants to hear our story, and therefore his interest energised me. My skin tingled, and my face gleamed. I released a sigh and continued speaking. ‘Nomads are people who travel from one place to another for a livelihood. Their history dates back to the Prehistoric age.

  ‘Prehistoric means?’ he asked.

  ‘Prehistoric Age is a period of millions of years with no record. A time before humans began documenting their records.

  ‘I see,’ he said.

  ‘In ancient times, man engaged in hunting and gathering, which involved travelling. With progression, a few groups adopted a sedentary lifestyle and a few continued with nomadism. Many historians have their origin theories but lack evidence.

  ‘Oh, the nomads have old connections.’

  ‘Yes. From the Negritos—the earliest habitats of the Indian Peninsula—to the Indus Valley and Aryan civilisation, and modern times, India is a home for many castes and tribes that co-exist with their respective cultures. Nomads owned no land and survived on livestock, natural resources or skills. They include the semi-nomads, who travelled less.’

  ‘Okay. And how did nomads earn?’

  ‘By providing goods and services to the sedentary communities.’

  ‘Got it.’

  ‘Some tribes have existed since ages and a few were added due to disturbances in their lives. For example, Gadi Lohar tribe claims to be the blacksmiths of Maharana Pratap. Pardhis vouch for their Rajput connection. Banjaras relate to being the packers and movers of the Mughals. Likewise, some clans have linkages to the defeat of the empires which displaced them. These groups travelled to places and undertook various activities for livelihood.’

  ‘Okay. Many tribes and different occupations... Name a few more tribes,’ he asked.

  ‘Gonds, Bhills, Kanjars, Pardhis, Vanjaris, Ramoshis, and many more.’

  ‘Heard of none.’ Zaheer put his chin on his palm and leaned forward. His starry eyes gazed at me.

  ‘Very few know about them. There were nomads who carried out animal grazing and hunting. Few provided goods and services like the blacksmith, knife grinders, stone workers, weapons makers, wool weavers, blanket makers, basket and broom makers, metal casters, distillers, etc.’

  ‘Yes, yes. I encountered them at Naroda Patia. Knife grinders, broom sellers and others.’

  ‘Right. A few traded in salt, honey, ornaments, perfumes and forest products. Some of them were entertainers like the acrobats, jugglers, dancers and picture showmen.

  ‘Oh, yes. I have seen their performances. Walking on the ropes, passing through the ring and such acts.’

  ‘True. Also, a few were religion-based like devotional singers, balladeers, astrologers, etc.’

  ‘I recollect seeing them.’

  ‘And the forest tribes, who survived on forest resources and provided them to others.’

  ‘Interesting,’ said Zaheer.

  ‘They played a crucial role to fulfil people’s needs. But, despite the recognition, they earned peanuts and therefore chose begging as their secondary activity. Many started stealing grains, fruits and eatables. And yes, a few individuals indulged in petty crimes like robbery and dacoity for survival.’

  ‘Oh, crime...’

  ‘No one chooses to be a criminal except for certain reasons, right?

  ‘True.’ Zaheer nodded.

  ‘Crimes have existed since ages. But ours is a peculiar society. It punishes petty thieves and allows swindlers to roam free. A poor robber is a deadly crook, but a multi-million fraudster is a decent thief.’

  ‘A tycoon thief,’ he said and chuckled.

  ‘Every tribe has volumes to speak about, but I won’t overload you with historical data. Though limited, but their information is available in public domain. But I wis
h to highlight their suppression and manipulation. The nomad conflict with the authorities and sedentary communities have existed since centuries. Irrespective of how, why, and where they originated, these tribes suffer oppression.’

  ‘Very sad,’ he said.

  ‘Yeah. And the East India Company’s arrival doomed them.

  ‘Oh, is it?’

  ‘Yeah. The company established its trade through tribals who helped them with their knowledge of flora, fauna, geography, transportation and communication. But once settled, the East India Company dictated the biased trade regulations.’

  ‘Very cunning.’

  ‘The British aimed at exploiting Indian resources and tax collection,’ I said. ‘Their policies harmed the Indians and destroyed the tribals. And that provoked the tribal revolt, starting from the last quarter of the 18th century. In defence of their motherland and its wealth, they opposed British access to Indian resources and taxation. History is unfair to the tribals. It carries their limited coverage because society considers them low in the pecking order. But their valuable contribution deserves praise. They were the first freedom fighters. Their rebellion inspired unity, and love and protection of our motherland. And this spirit led to independence.’

  ‘First freedom fighters?’ Zaheer said, and pushed back. ‘I see.’ He crossed his arms over his chest and stared at me.

  ‘The British oppression and the nomadic resistance continued. In 1826, Umaji Nayak of the Ramoshi tribe flagged a rebellion. A revolutionary leader in a jungle near Pune city of present Maharashtra State, he restricted British access to the jungles. He looted the rich lords and helped the poor. He announced a handsome reward against a severed head of forest encroachers. Worried at his opposition, the white men bribed his associates and captured him in 1831. They hanged him in Pune in 1832.’

  ‘Ah, betrayal,’ Zaheer said, and loosened his body.

  ‘Yeah. But the British understood their danger and viewed nomads as their enemies and a threat. Historians argue that tribal oppression and rebellion were among the causes of the 1857 revolt which is regarded as the pillar of Indian freedom struggle. Many nomadic tribes supported the protest which shook the British crown.

  ‘Their era proved as the darkest chapter in our history. The tribes revolted throughout the 19th and 20th century, and the British suppressed them mostly through military forces. The British considered Indian nomads as uncivilised and barbarians. Their poor background deemed them as robbers, dacoits and a social hazard. And because of their rebellion, the colonial authorities perceived all such tribes as enemies and a threat.’

  ‘But they revolted to defend our country,’ Zaheer said, and straightened himself.

  ‘Yes. But for the British, they were rebels. And with the rebellion spreading and increasing, the colonial officials craved a special law.’

  ‘A special law?’ asked Zaheer.

  ‘Earlier, different laws governed the so-called criminal tribes. Finally, Mr Stephen, the Member of Law and Order, spelled out our doom. In the council, he insisted on separate legislation to control these communities.’

  I closed my eyes and bowed my head. I breathed deep and exhaled aloud. After a few moments, I said, ‘They took a drastic decision. On 12th October 1871, the British implemented the fucking “Criminal Tribes Act.” The fucking CTA. And branded all such tribes as criminals.’

  ‘Is it CTA or FCTA?’

  ‘It is the CTA. Criminal Tribes Act. “F” represents my frustration. A simple signature branded over 127 communities as criminals. I repeat... though innocent, the CTA branded every member a culprit. Over 13 million people, then, became the branded criminals.’

  Zaheer’s shoulder sagged as he stared down. He rubbed his face and released a sigh.

  ‘Hold your nerves; the story starts now,’ I said. Zaheer widened his eyes. I continued. ‘Through the CTA, the British seized the tribes and forced their members to register. They separated them from society and pushed them in confinements on the outskirts where tribesmen laboured as slaves. Barbed-wire fences, filthy toilets, inhuman conditions and ill-treatment; the detentions were the same as jails. The authorities restricted their movement and issued identity cards required to move out. And failure to display it was a non-bailable offence leading to arrest. They were compelled to put their thumb impressions on the police register.’

  ‘This is barbaric,’ he commented.

  ‘The CTA allowed the colonial officials to arrest, harass, extort, and kill them. The police arrested them on any lame excuse. They sexually harassed women to control their menfolk and branded their children as “born criminals.” They denied them human activities like horse riding and wearing shoes, and restricted them from owning land or cattle, build houses, go to school for education, go to hospitals, travel out, celebrate festivals, make or sell anything by themselves. Those who opposed or tried to escape earned the “rebel” tag and were shot at sight. Those who settled suffered rigorous ill-treatment.

  ‘The Colonial rulers further tightened their grip. The CTA amendments in 1897, 1908, 1911 and 1923 granted them draconian powers. At first, the act covered a few North Indian communities, but soon it engulfed entire India. With all the revolting tribes under their control, the British enjoyed their rule. They exploited the Indian resources, looted through taxation and tortured the citizens.’

  ‘So, you mean CTA aimed to suppress the rebellion?’ asked Zaheer.

  ‘The British drumbeat their plan of reforming and rehabilitating the tribes. But the CTA targeted suppressing the opposition, controlling the crimes and monitoring nomads. All the revolting communities were listed under CTA. For example, the Gurjar tribe participated in the revolt. Dhan Singh Gurjar, the Meerut Police Chief, abandoned his duty and helped release the rebel prisoners. And his tribesmen plundered the city. Result? Gurjar was featured as a criminal tribe.’

  ‘Aha.’

  ‘Did I mention Umaji Naik’s rebellion? His Ramoshi clan was also branded as a criminal tribe.’

  ‘Okay.’

  ‘Kuki group, Bhills, Santhals, Sabars and many more, they all fought back and ended up as criminals. The list goes on...’

  ‘Hmm. Cruel targeting. And how does the British defend the act?’

  ‘The colonial empire claims that the CTA targeted the welfare of both the common people and the enlisted communities.’

  ‘Ha-ha-ha. Welfare of people. That’s interesting.’

  ‘Whatsoever, the CTA failed for a simple reason.’

  ‘What?’ Zaheer’s eyes popped.

  ‘It couldn’t offer an acceptable source of livelihood. On the contrary, the discrimination and labelling created a divide between the mainstream and nomadic people which exists till date. The British belief in the Eugenic theory sealed our fate forever.’

  ‘What is Eugenic theory?

  ‘It is a European theory which supports the transfer of characteristics through genes. Like a carpenter’s son will be a carpenter and a criminal’s son will be a born criminal.’

  ‘Born criminal... Hmm. Smart humans; blame the creation and evade responsibility,’ Zaheer sneered.

  ‘The situation became aggravated. The political and social groups boycotted us. With doors of honest living closed, our ancestors adapted to crimes for survival. When imprisoned, the depressed men turned into hardened criminals, and their women too adopted crimes for survival. The ill-treatment provoked enmity for the mainstream population.’

  ‘Hmm. So, the British are the culprit.’

  ‘The British are responsible for branding us criminals, but India’s neglect, despite our freedom struggle contribution, agonises us. During Independence, the tribes were ordered to stay confined, else get arrested. Our legacy continued with the Criminal Tribes Act even after India’s freedom. We didn’t celebrate on 15 August 1947.’

  ‘Oh my God. You don’t celebrate Independence Day?’

  ‘The essence of freedom is to live under justified laws and equal rights. Thus, removing the unfair Brit
ish regulations would mean true liberation. Jawaharlal Nehru repealed the CTA on 31 August 1952. That is our Independence Day. The Prime Minister de-notified the enlisted tribes and since then they are known as the de-notified tribes or DNTs.’

  ‘Hmm. At least they abolished the act.’

  ‘Hah,’ I grunted and flung a stone. ‘Amid the chaos to establish law and order in the new independent India, we were a forgotten lot. Our schools shut down in succession. The other communities suppressed us, and nobody cared to guide us. Crime escalated and the authorities struggled to control it. The leaders had a tremendous responsibility to manage the magnanimous country. Alas! Despite the CTA’s repeal, the stigma remained. And the bloody freedom on paper was also short-lived. In 1952, the government implemented the Habitual Offenders Act—the HOA. It replaced the CTA and put the same noose around our necks.’

  ‘I pity the DNTs.’

  ‘Our society, which blows the trumpet of humanity, changed our tag from “criminal tribe” to “Habitual Offenders.” On paper, they call us that, but in their minds, they call us criminals.

  ‘The authorities copy-pasted most of the CTA rules in the “Habitual Offenders Act.” It denies us human rights as per the constitution and the international regulations.

  ‘The study of these criminal groups features in the police syllabus. They have also retained the list of CTA enlisted tribes. They refer the list and treat them as criminals. Always under the vigil, the DNTs are arrested, tortured, and convicted without enough evidence. When complaints pile up, the cops force them to accept the pending crimes to conclude the cases. The culprit escapes, the officers receive a promotion, and the innocent gets the punishment. The belief labels the DNTs as thieves, dacoits, pimps and prostitutes. They are blocked in schools and jobs, and to buy land in the mainstream society area. Most of them hold no ID proof of citizenship. And the social hatred frightens them to approach for the documentation process. They survive hand-to-mouth through illegal means. A majority of them live below the poverty line. Many work as bonded labourers.

  ‘The CTA and HOA violate the universal humanity principle of “All human beings are born free and equal.” The HOA also violates the justice principle of “Innocent until proven guilty.” For us, it is “Guilty until proven innocent.” We fought with British for India’s independence and now we fight for freedom. While India drumbeats unity in diversity, millions of citizens are denied human rights.’

 

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