Arrested Because Vegetable Seller Wouldn't Give Free Cucumbers to the Police Constable

I recently came across an interesting case that, while not recent, sheds light on the times shortly after India gained independence. This is the 1949 Allahabad High Court judgment in the case of Rex vs Ram Dayal. The facts of this case are both amusing and tragic, as it shows the colonial influence on India’s civil services and police system. In 1949, India was just emerging from British rule but was still grappling with the remnants of colonial laws and practices. The police, in particular, were known for their brutality, so much so that people would flee at the sight of a constable. This fear persisted well into the 1960s, but change slowly came as courts began to strike down colonial-era provisions.

However, even today, we haven't entirely shaken off the colonial legacy. For instance, archaic and invasive procedures like the "two-finger test" were only outlawed recently. There are still many outdated rules that have no place in a civilized society.

Facts of the Case

The case centers on a vegetable vendor in Agra, who frequently encountered Constable Tota Ram while selling his vegetables. The constable, exercising his authority, would regularly demand free vegetables, and the vendor, out of fear, would comply. Tota Ram threatened to throw the vendor into “hawalat” (lockup) if he refused. Eventually, the vendor had enough and refused to give Tota Ram any free cucumbers. True to his word, the constable arrested the vendor and threw him into lockup.

The Magistrate who presided over the case was sympathetic to the vendor’s plight. Not only did he discharge the vendor, but he also took the opportunity to critique the legislation itself. However, his choice of words, such as “I detest” and “I reject,” in his written judgment was seen as overly harsh and did not sit well with law enforcement or the state. The state subsequently filed a revision petition against the Magistrate's discharge order​.

The Trial

During the trial, the Attorney General argued that the vendor’s arrest was lawful under Section 109 of the erstwhile Criminal Procedure Code (CrPC). This section allowed the arrest of individuals for: (1) concealing their presence, (2) lacking ostensible means of livelihood, or (3) failing to give a satisfactory account of themselves. The Magistrate, however, felt that the law was outdated and oppressive. He questioned the necessity of arresting someone simply because they didn’t provide a reason for their presence or their livelihood.

While the Court upheld the discharge, it did not agree with the reasoning offered by the Magistrate. Instead, the Court maintained that while the Magistrate had legitimate concerns about the legislation, his approach and harsh language were inappropriate for a legal judgment​.

Takeaway

The most striking takeaway from this case is what it reveals about the post-colonial era in India. Imagine being arrested simply for refusing to give a cucumber to a constable in a country plagued by poverty, where people could barely make ends meet. Worse still, the state's priority seemed to be the tone of the Magistrate's judgment rather than addressing the injustice faced by the vendor.

The Magistrate, who would likely have appreciated the present-day legal landscape in India, spoke out against Section 109 of the erstwhile CrPC, which has since been amended to remove many of its more draconian provisions. Today, the CrPC itself has been replaced.

Indian cinema often depicts the police casually using their lathis (batons) on working-class individuals, treating it as comic relief. This reflects just how normalized police brutality has become in India. However, it is high time we trained our police force to not only be effective in curbing crime but also to be sensitive and approachable for the common man.

The Supreme Court, in various judgments, has called out many outdated and excessively harsh laws that are used to punish the accused. But it is the responsibility of the state to enact these reforms. Until then, we can only hope that people are spared from unnecessary police brutality.

The Cobra Effect: Unintended Consequences of Problem-Solving in India

Many years ago, I heard of a phenomenon called the Cobra Effect. It refers to situations where an attempt to solve a problem actually worsens it. This effect got its name from an actual incident that occurred in India during British rule. The story goes that when the British were establishing the new capital of India in New Delhi, they discovered the area was infested with venomous snakes, the most common being cobras.

To address the issue, the British came up with a plan: anyone who brought the tail of a dead cobra would be rewarded. They believed that if people killed the cobras, the problem would be solved. However, the actual outcome was quite the opposite. People started cutting off the tails and releasing the cobras back into the wild. Some even began breeding cobras to claim the rewards. When the British realized what was happening, they canceled the scheme. Since the cobras were now worthless, people released them back into the wild, worsening the problem.

I used to laugh at the British for their foolishness in this plan, but little did I know that in India, it's impossible to predict how people will behave or react to such initiatives.

I witnessed a modern-day Cobra Effect in my own locality after an incident of a dog bite. Typically, the solution in such cases would be effective control of the stray dog population. However, our Commanding Officer had a "unique idea." He issued an order stating that the elderly must carry a stick whenever they went outside, and children must always be accompanied by adults. Strangely, the order made no mention of adults, as the officer seemingly assumed they were immune to dog bites.

So, what was the outcome of this? The elderly, who already used sticks due to old age, continued to do so, but if a dog were to attack, they would still be defenseless. Parents, in turn, restricted their children from playing outside. Meanwhile, adults went about their daily routines as usual, and dog bites continued to occur.

Dog bites are extremely common in India, and civic authorities do very little to address the issue. If you are bitten, you are often blamed. India has the highest number of rabies deaths in the world, and yet, no significant action has been taken.

The above report shoes the situation in an Air Force Campus, supposedly one of the elite areas in the city. Imagine the chaos outside.