Man Se Laksh Tak : Day 4
17.07.2023 (14:20 to 14:35)

Ever I have a day-dream, its like am riding a horse, just gazing around the farms, upto my eye-sight reaches. I feel fulfilled, by verifying the security of my farms. This makes me wonder, ancestors would definitely be “Zamindars” ! 😉

Being connected to roots, as we are basically a farming nation & agriculture is utmost relevant sector – a lifeline. When our “BHARAT” attained Independence, our primary occupation was agriculture.

A systuumm, on-going, in agricultural field before few decades was Zamindari System. Zamindars were the BIG BOSS, the owner of the lands (zamin) , who were also having right to collect revenue / rent. To be specific, large landowners have all proprietary rights.

The Zamindari System, was introduced by Governor Lord Cornwallis in 1793, vide Permanent Settlement Act, in the provinces of Bengal, Bihar, Orissa and our dearest Varanasi. These system became a curse for the tenants and boon for the owners. Much exploitation existed under this system.

The smart move behind introducing this system was, the collected tax was divided in 11 parts, out of which 1/11 (approx. 10%) to the zamindars and 10/11 (approx. 90%) to the East India Company.

There were other systems also intoduced later, such as Mahalwari & Ryotwari, but therein ownership rights vested with the peasants.

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Certainly, it is an aspect of land revenue policy. After independence, firstly, Zamindari Abolition Act was passed & then Land Ceiling Act, for curing the menance created by the previous system, tot the farmers. For abolition of Zamindari, a conference was held in Allahabad (now Prayagraj) in the year 1935 headed by Sardar Vallabhbhai Patel, NG Ranga & Swami Sahajanand Saraswati.

It is also relevant to understand here that, in todays India, how we see Police Commissioner and Collector, such is the difference between Jagirdars and Zamindars. Jagirdars were holding assignment relating to judicial & police duties whereas Zamindars had right to collect revenue of the land.

However, if we come to the ground reality than based upon this system & its ideology, even today such practise is ongoing in villages as well as city-areas & therefore recently the law, which you might be aware of, “LAND GRABBING”was introduced. Either, the property is snatched away or the “HAPTA” (revenue in form of rent) collected as a slow poison from the owner.To clarify, this practise is illegal, though prevalent.

Whereas, Jaamin means “BAIL” in Law and Jaamin-dari means Bail Surety. To understand properly, assume that, ‘A’ gets arrested under an offence. The case (trial) of the offence would take long time to conclude. In suhc scenario, there vests a right to bail which means, in our country, one may seek liberty seeking bail until the offences are proving him guilty. And, the release from the custody by the Court is called BAIL. But, knock-knock, it comes with certain terms & conditions, utmost relevant being, securing the presence of “A” before the Court, for the purpose of trying the case.

Now, such terms & conditions are also seeking the surety, that “WHAT IF” ‘A’ doesn’t remain present. There should be someone to take responsibility for making him appear, to establish trust to the Court OR even an substantial amount is also made to deposit to Court as surety in the situation that ‘A’ is the permanent resident within the jurisdiction of the Court and having immovable property.

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Certain provisions relating to Bail, for perusal; specifically, The Code of Criminal Procedure deals with Bail and Bonds under Section 436 to 450. We can classify it in, Interim Bail, Anticipatory Bail, Regular Bail, Default Bail. Link: https://indiankanoon.org/doc/445276/

How can we forget, most prompt saying,‘ Bail is a rule and jail is an exception, which revolves around the entire concept of plea in such cases.’

In India, Article 21 of our Constitution deals with right to life and personal liberty. And at world forum, UDHR United Declaration of Human Rights under Article 11 describes about Bail.

Zamindari and jaamin-dari may look-alike but are not twins & however zamin can get you jaamin but not vice-versa!


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