The Mukhtiyars in Feudal Sikkim

In the feudal administrative hierarchy of Sikkim, the Mukhtiyars enjoyed position next to the Kazi/Thikadars. Anna Balikci presumes that, the term got its origination from Ottoman Empire as the village Chiefs there were known as Mukhtar.We do not have much information about the commencement of this system in Sikkim. The available Official documents issued from the Royal Durbar are silent about the existence of any offices related to the Mukhtiyars hence, they were probably appointed by the Kazis in their Elakhas to maintain law and order in their estates. Auxiliary, documents belonging to Rai Saheb Durga Sumsher Pradhan of Rhenock also indicate that the Mukhtiyars were appointed by the Kazis and by other lessee holders.

Further, my field survey report bears ample testimony to the fact that the Mukhtiyars were given the charge of a whole Elakah of a lessee holder or a Thikadar. He was also granted the charge of litigation under his jurisdiction. Their duty was akin to today’s District Magistrate and was with a few hereditary exceptions, appointed on merit.From the pictures collected from the erstwhile Mukhtiyar family of Namchi in South Sikkim, it can be stated that they had a comfortable and a reverential life.

Photograph of Mukhtiyar San Man Tamang of Namchi South Sikkim. The person sitting on a chair in the middle was the Mukhtiyar. The golden ornaments of the women and the dress they clad in shows that they had a very comfortable way of life. The people standing behind were the peasants of his estate in Namchi. Pic. Courtesy Late Rup Maya Tamang, Namchi Bazaar, South Sikkim

Being a local of the Estate owned by the Kazis, the Mukhtiyars had detail information about the settlers. The Kazis and Thikadars, being the “high born” elites of the Kingdom hardly visited their respective holdings in the villages and preferred to live in comfort in the beautiful mansions in the capital of the Kingdom. The Kazis usually gave charges to trusted persons residing in their estates. In another word, the Mukhtiyars were to serve the Kazis as a bridge between the peasants and the Landlords.They also had to maintain the land records related to the peasants of his Elakah. As the trusted persons of the Kazis, the Mukhtiyars too possessed a vast tract of land for their personal use and the same was distributed among the Pakhureys. The descendents of Tashiding Mukhtiyar still profess the exploitative money lending job to the peasants in their periphery.

The information of the descendants of the Mukhtiyars highlights that they too lived their lives in a great comfort. They had many servants at their residence who were mostly the children of the tax defaulters.They had to make necessary arrangements in their Elakhas during the visit of King and other high ranking native and British Officials.The life standard enjoyed by the Mukhtiyars was almost similar to the Kazis and Thikadars. They had constructed beautiful mansions, travelled on the back of Arabic horses, and possessed enormous wealth. The Kothi of Namchi Mukhtiyar which was constructed nearly a century ago still steals a glimpse or two of every visitor. However, it appears that these officials were not prevalent in every estate hold by the lessee holders like the Kazis and Thikadars. The estates in the proximity of the Kingdom’s capital did not have any office related to the Mukhtiyars.

References

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Balikci, Anna (2008), Lamas, Shamans and Ancestors- Village Religion in Sikkim, Brill, Leiden, The Netherlands

Appointment letter of 1932 of a Mukhtiyar by Rai Saheb Durga Sumsher Pradhan  of Rhenock East Sikkim preserved at Ramgauri Sangrahalaya Rhenock

Information collected through personal interview from Mrs. Rup Maya Tamang, a granddaughter of erstwhile Mukhtiyar of Namchi Late San Man Tamang on 23rd April 2010

Information collected through personal interview from the peasants of Tashiding village in West Sikkim on 21st  and 22nd December 2011

 Information collected from the villages of Assam Lingzey, Kadamtam, Aho, Namin, Marchak and Samdur which are in proximity to Gangtok.

Feudal Judicial System of Sikkim- A Brief Review

Like any other feudalistic arrangements, the judicial system of Sikkim has a history of its own. The King though, enjoyed a highest position in the feudalistic set up, could not execute his judicial obligations properly as he was surrounded by the then “Elites”, the Kazis, who were the de-facto arbitrators of their Ellakas. They could tax, confiscate, mortgage and sometimes seized the lands of peasants into Home Farm, the Private land holdings of the Kazis.   In short, the Kazis were the fountainhead of justice in feudalistic Sikkim and it is because of such “Lawless Law” the ordinary peasants were compelled live a combatant’s life.

Sikkim’s contacts with the British Indian Government had even worsened the existing judicial system of Sikkim. Available testimonials highlight that in 1909, the Kazis, Thikadars and Lamas were invested with legal powers by a State Council Resolution. They could try Civil Suits up to the valuation of Rs. 500/-. The State Council Resolution of 1909 had thus given an overwhelming power to the state machinery (Kazis, Mandals, Mukhtiyars, Karbaris) to exploit the common people, especially the peasants in the name of legal action. It is to be mentioned here that the formation of “British Styled” State Council used to have the British Political Officer as its President. After the establishment of the said Council, the Sikkimese Kings were kept behind curtail and the British Political Officer began to take decisions, enact Laws and to rule the Kingdom with the assistance of pro-British Kazis like Phodang Lama, Khangsa Dewan and Shoe Dewan and so on. The Kings whosoever tried to oppose the new set up either were sent to prison (Maharaja Thotub Namgyal) or were given mysterious death (Maharaja Sridkyong Trulku). Before the establishment of High Court at Gangtok, administration of justice in Sikkim was being carried out by the Feudal Landlords (Adda Courts), Dzongpens (District Officers). Pipons (Headmen) and Mandals with the Chogyal at the top.  All the important judgments were given at the Adda Courts and at the Settlement Houses by the Feudal Officials and used to give inhuman punishments of Thinguro placed at the Kazi’s House. These Thinguros were made up of wooden planks, the culprit had to put his legs inside the hole of the Thinguro, after doing it, the mouth of the Thinguro was tighten by a rod or an iron, thus, leaving the culprit standing with utter pain. He could not sit as the wood was tightened on his knees, therefore he did not have other alternatives than to cry in the dark prison of the Kazi. Further, he was not given a single drop of water for three four days, after the Kazi got satisfied from the punishment, finally he was granted pardon.

In 1916, Appellate Courts by the designation of Chief Court was created with jurisdiction to try important original suits and also to hear appeals against the decisions of the Adda Courts. But, from the study it reveals that there were very few cases of appealing against the decision of the Adda Courts due to the threat of havoc from the Kazis and Mukhtiyars. This Court also exercised supervisory and appellate jurisdiction over the Adda Courts. The Chief Court was not the final Court. The appeal against the decision of the Chief Court would lie to the Supreme Court of His Highness, the Maharaja. The Court of the Maharaja was the final Court of appeal in the State. It has no original jurisdiction. A Board on the lines of the Judicial Committee of the Privy Council in England would hear the parties and scrutinize the evidence regarding merit of the case and then tender its opinion to the Maharaja. (From the compilation of Hon’ble Shree A.P Subba, Former Judge High Court of Sikkim)
 In 1949, the Adda Courts were abolished on the recommendation of the Judicial Proposal Committee. The State was divided into 4 (four) revenue Districts and Magistrates were appointed in District with original and appellate jurisdiction on the criminal and civil side. The Courts of the Assistant Magistrate and the Court of Tahsildars were created. In the lowest rung, a few Honorary Courts of Magistrates were created to dispose of petty criminal and civil cases. The Chief Magistrate had both original and appellate jurisdiction on civil and criminal sides. He had unlimited powers (From the compilation of Hon’ble Shree A.P Subba, Former Judge High Court of Sikkim). 

The independence of India breeds a new hope of liberty inside the minds of the peasants of Sikkim. They too began to organise themselves in a larger manner for their rights and liberties. Due to pressure made by Sikkim State Congress, all the forced labours were wiped out by the reformist Maharaja Sir Tashi Namgyal in 1948. Further, the overwhelming powers enjoyed by the Kazis and his Officials were also restrained, indicating a new aeon in the history of Judiciary of Sikkim. From the available records it appears that in 1953, a Judge of the High Court of Sikkim was appointed but in 1955, High Court of Judicature (Jurisdiction and Powers) Proclamation, 1955 was issued establishing a High Court in Sikkim. The High Court thus established was made the final Court in all judicial matters, civil or criminal, subject to the exercise of prerogative by the Maharaja to grant mercy, pardon, remission, commutation and reduction of sentence in case of conviction. The Maharaja had also retained his prerogative to set up a Special Tribunal for the review of any case, civil or criminal. 

After becoming the 22nd State of India under Clause (i) of Article 371F, the High Court functioning immediately prior to the date of merger became the High Court for the State of Sikkim under the Constitution like any other High Court in the country. Under Clause (i) of the same Article all Courts of Civil, Criminal and Revenue Jurisdiction, all Authorities and all Officers, Judicial, Executive and Ministerial throughout Sikkim were to continue to exercise their respective powers subject to the provisions of the Constitution and under Clause (k) all laws in force immediately before the appointed day in Sikkim were to continue to be in force until amended or repealed by a competent legislature or other competent authority. 

A Land Deed of Pathing 1904

The Deed of 1904 

 Documents are the ladders from where we can chirp our yester years with a closer analysis. It not only gives us information about our past but also drags the pen of a Historian towards the facts. It is only with the help of the old papers one can differentiate between facts and fictions which is an important ingredient to reach to a conclusion of the murky precedent. The document which I have secured from my teacher Mr. Keshav Gautam is related to a land agreement that belongs to a place called Pathing. Due to the lack of proper address in the document, one cannot assert whether the said Pathing is of East Sikkim or some other Pathing(s) which are strewn in different parts of our State. But, it is interesting to know that apart from the Royal Decrees passed by the Royal Courts, a small number of commoners in Sikkim even used to have their own seal. In this document a private Seal Shree Kali has been used and it is a common concurrence between two people of the same village that was related to the sale of land. It is also exciting to know from this document that without the help of a mediator (like Kazi, Mandal, Mukhtiyar etc.) the agreement was made.  

The English translation of the Document is as under:-

I Kashinath, a resident of Pathing, am selling my Land and orchard along with my house to Dev Sharma Upadhyay Khatiwara of the same village. I have received Rs. 33 from him as the cost of the land and house. I have put my signature in this agreement at my own wish. The Signatures of other three people during the agreement Parmananda Upadhyay, Purnananda Upadhyay Dahal, Hiralal Upadhyay Adhikari.

Signature- Kashinath Upadhyay Khatiwara

Samvat 1961 Date 9^th Pausha Roj (week) 2

Subham

1904 AD 15^th January.

The agreement was made between two Brahmins of Pathing and therefore, the initial of the document is started with two Sanskrit words SHREE i.e. in the honour of us and LIKHITAM i.e. we are writing. As stated above, for the credibility of the document a private Seal Shree Kali has been used. From the use of such private Seal it becomes clear that the selling of private land was also made in a mutual trust. Possibly, in order to keep themselves away from any future misunderstandings, they might use the Seal that bears name of some Gods and Goddesses. In this case, the persons involved in the agreement have used the Seal of Goddess Kali, who is regarded as the Goddess of anger and destroyer of the foes in Hindu mythology.

The Old Document in my Handwriting (one can notice the variation  of script  between the Old  and  New)

The Agreement is of Nine Lines (including Signatures and Date) and the only confusing thing about it is its date. To convert the Vikram Samvat era into AD we need to deduct 57 years from the existing Year mentioned in the Vikram Samavat. While adopting the same procedure, it is quite puzzling here to determine that it was signed in January 1904 AD.  If we have to accept the Vikram Samvat Paush 9^th 1963 as the date of agreement then it should be December 15^th 1903. But, we can consider the date on the ground that the agreement was made between the peasants who were not well acquainted with the English Date and Year.  

An antique Kothi of Namchi

To the right side of the road towards Bhanjyang from Namchi, an old Kothi (Bunglow) is situated bearing the grace, pride and glory of the Monarchical Sikkim. The old Kothi belongs to the then Mukhtiyar of Namchi Late San Man Tamang. Constructed in 1911, the Kothi is one of the best examples of British architecture at the town. The wooden house was a centre of attraction among the people of in and around Namchi in its earlier days and was known as Naya Ghar (New House)or Mukhtiyar Kothi. The roof is made of thick tin and has not even a single hole over it even after 99 years of its construction. It is said that the materials for the construction of the Kothi were imported to Sikkim from nearby British province of Bengal. They were brought here on the horse back in the absence of motor vehicles as well as due to the poor means of communication. The rooms inside the Kothi have been divided by the wooden planks, which probably are the planks of Sakhua (A strong and durable species of wood plant); and it is due to this, the house still looks like a new one. The windows of the Kothi were initially made of wood, but, later on they were replaced by the modern glasses. The important feature of the house in terms of association and affinity is that the Mukhtiyar family of Namchi has been living under the same roof for five generations. Mukhtiyar Kothi still enjoys an adorable reputation and has been an object of envy for every onlooker. The Kothi was like a court when the Mukhtiyari system was prevalent and lots of decisions and verdicts were conferred upon from the very courtyard of this antique mansion. In the midst of the hustle and bustle of Namchi, there stands the famous Mukhtiyar Kothi with its haughty head holding towards the sky. Certainly, in this scenario, when every one is hankering after the so called sophistication of modernity, the Kothi is calm and sublime recalling the past days in a serene mood. Obviously, the Mukhtiyar and his successors deserve a heart felt praise for the preservation of the rare and incredible wealth of its kind.

(Person sitting in the middle with a turban is the then Mukhtiyar San Man Tamang of Namchi)

A poet who wanted to become a pilot.

There is a popular saying which goes like ‘Man proposes, God disposes’. The life of the celebrated and renowned poet of Sikkim, Late Agam Singh Tamang “APATAN” bears an ample testimony to the saying as we find that the poet would have become a pilot had fortune not played its role over his fate. Very few of us can believe that even a poet can think of becoming a pilot. It is the irony of the life of the famous poet. In his earlier days of life, he dreamt of becoming an air pilot. His days at the St. Joseph’s College, Darjeeling added more vigour to his dream when he came across many young English and Indian pilots. He was all set to go for finding his destination but his grandfather; a Mukhtiyar of Namchi did not want him to go to the utterly risky enterprise. Agam was brought back to Sikkim forcibly and was home locked. Thus, the desire and expectation of a young enthusiastic fellow were made the subjects of sacrifice by the so called care and conservative nature of a sophisticated family. Nevertheless, he joined Namchi Primary School as a teacher and subsequently became a poet of grandeur in Sikkimese context.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Late Agam Singh Tamang "APATAN" with his wife.


The facts presented above about Late Agam Singh Tamang "APATAN" have been substantiated after an interview with his younger sister, Mrs. Rup Maya Tamang who stays presently in Namchi.

Sergeant Man Bahadur Tamang.

Late Man Bahadur Tamang was born in July 1925, at Ranka, East Sikkim. After completing his Xth standard from Tashi Namgyal Sr. Sec. School (the first English medium school of Sikkim which was started in 1906 and was known as Gangtok School in its earlier days) in 1944, he was recruited in the Imperial British Army at the age of 19. After completing his training in various parts of India, he served in the Army Office in India. He could not take part in the Second World War, as it was in its last phase when he was recruited. With the withdrawal of the British from India, Lt. Tamang went to Singapore where he got Commissioned and worked there as a Sergeant in the British Army from 1948 to 1951. He was posted in Hong Kong in 1951, and remained there for one year. In 1952, he was again posted to Malaysia from where he got his retirement in 1957 and came back to Sikkim. A person with a great caliber and an enthusiast to acquire higher education, Lt. Tamang could not remain idle even after his retirement. He joined a new job as an accountant at B.T. College and studied in the Night Session at St. Joseph’s College, Darjeeling. From there, he completed his Graduation in 1968 after which he again joined British Army as an Account Officer in Ilam (Nepal). After serving there for 14 years, Lt. Man Bahadur Tamang got his retirement in 1982 and made his way back to Sikkim. A close relative of Kavi Agam Singh Tamang “APATAN” and Lt. Tulshi Bahadur Chettri “APATAN”, Sergeant Tamang is probably the first Commissioned Officer of the Imperial British Army from Sikkim.

Due to his dedication and sincerity to serve the British Army, the Royal British Government honoured 21146964 Sergeant Man Bahadur Tamang of 7/7 Gorkha Regiment with King George VI Medal (Malaya) and King George VI Medal (Great Britain). Lt. Tamang died on 27th June 1990 at Namchi District Hospital due to throat cancer.
                                             
                                               Medals of Sergeant Man Bahadur Tamang.

The facts presented above about Lt. Man Bahadur Tamang have been substantiated after an interview with his wife, Mrs. Rup Maya Tamang who stays presently in Namchi.

Mukhtiyars of Sikkim

                                    Sitting on the ground( Second from Left) Kavi Agam Singh Tamang.
My blog inspired one of my students, Miss Chungku Bhutia, who eventually facilitated me with a what we call to be an antique photograph of a Mukhtiyar family which refers to her maternal ancestors. It belongs to the family of a renowned poet of Sikkim, Kavi Agam Singh Tamang(APATAN) who was a sibling of a Mukhtiyar family of Namchi, South Sikkim. The person at the centre in the photograph is Lt. San Man Lama, the Mukhtiyar of Namchi who is also the grand father of Kavi Agam Singh Tamang. The main role of the Mukhtiyar was to confer justice to the needy in different cases. Looking at the present scenario, the post of a Mukhtiyar is akin to the post of a District Magistrate.Looking at the attires and ornaments the figures in the photograph are clad in, the family looks like a royal one possessing enormous wealth.