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Chapter-5

District Muzaffarnagar –The Locale

5.0 Introduction

This chapter provides the details about the locale of the present study in the context of

District Muzaffarnagar of Uttar Pradesh State.

5.1 Geographical Structure

District Muzaffarnagar is located at northern part of Uttar Pradesh. The district forms a

portion of Saharanpur division and situated in the fertile Doab region of Yamuna and

Ganges rivers.The National Highway -58 which passes through Muzaffarnagar and it lies

midway on Delhi-Roorkee- Deharadun Highway. The neighboring districts, to its west

(Karnal, Haryana State) and to the east, (Bijnor, Uttar Pradesh) as well as (Hariwar,

Uttaranchal State), and (Saharanpur and Meerut districts of Uttar Pradesh State) are to its

north and south respectively. DistrictMuzaffarnagar is a rectangular in shape and lying

between north latitudes 29º 11' 30" and 29º 45' 15" as well as east longitudes 77º 3' 45"

and 78º 7'. Its total area is 4008 sq. km. the greatest length of district, from east to west, is

97.6 km, and its greatest breadth, from north to south, 57.6 km; the average length and

breadth are about 85 km and 50 km respectively and height 237m from sea level. The

climate of Muzaffarnagar may be described in four seasons; winter (January-February),

summer (March-May), rainy (June-September) and post-monsoon (October-December).

The Muzaffarnagar district possesses generally maximum 43.1 C and minimum 34.C

temperature. The normal rainfall goes around 753 mm and actual around 1159 mm(

Muzaffarnaar Wikipedia).

5.2 Historical Background

The history of Muzaffarnagar is ancient and records pre-birth of Christ. The earliest

settlement is discovered in the Mandi village of Sadarpur Tehsil of the district which

belongs to Harappan Civilization (6000 BC); it appears that the pots and pans and other

objects of that era, are seen occasionally in neighboring villages. Also, according to a

local tradition, the legendary Mahabharata war -between the Kauravas and the Pandavas

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- was fought in the fields of the present village of 'Pachenda' and their army camps were

located respectively at the sites now famous as 'Kaurawali' and 'Pandavli'; being close to

Hasthinapur and Kurukshetra. It is important to note that probably the district was on a

trade route as some Greco-Roman coins have also been excavated. In this regard, further

archeological excavations are in progress. The Muzaffarnagar's early medieval history is

obscure till the Indo-Mogul period. In Akbar's time, most of the Muzaaffarnagar district

region, called Sarwat then, belonged to Sarkar-Saharanpur territory. Akbar bestowed

pargana of Sarwat on Sayyid Mahmud Khan Kundliwal which remained with his

descendants up to 17th century. After killing Peer Khan Lodhi styled as Khan Jahan

lodhi, Shahjahan bestowed title of deceased Peer Khan Lodhi and Pargana of Sarwat on

Sayyid Muzaffar Ali Khan, whose son Munawar Lashkar Ali established a town in 1633,

named it Muzaffarnagar in honour of his father.The British East India Company occupied

the region of Saharanpur, in 1803 which included the present Muzaffarnagar district.

This district's boundaries and jurisdiction changed frequently and its separate existence

may be said to start from 1826. When North India rebelled against British occupation in

1857, Muzaffarnagar region was part of this uprising, now referred to as the First War of

Indian Independence. The centre of revolt operations was Shamli, which was liberated for

some time. After the uprising failed, British retribution was severe here - large scale

massacre of freedom fighters in Shamli and of their Sayyid-Pathan supporters in

Thanabhavan and around - crippling the region completely. However, covert spirit of

self-rule survived and in 1899 an office of the Indian National Congress was opened in

Muzaffarnagar city, to continue freedom struggle through peaceful means. In 1901, it was

carved out of Saharanpur district and became separate district headquarter under the

Meerut Division of United Provinces of Agra and Oudh. After Independence, in 1951,

when United Provinces renamed as Uttar Pradesh and even newly created Uttaranchal

state from Uttar Pradesh in 2000, Muzaffarnagar remains as a part of the state of Uttar

Pradesh and comes under Saharanpur Division (National Infromatic Centre-District of

India-Muzaffarnagar).

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5.3 Demographic Features

The Census of India 2001 indicates abundance of human resources available and their

demographic features presented here in the country and Uttar Pradesh in general and

District Muzaffarngar in particular.

5.3 .1 Population

Table No. : 5.1 Population Description (National, State and District) Census India Rural Urban Density Male Female Growth

1991 84,64,21,039 6,28,855,513 532,223,090 267 439,358,440 407,062,599

21.54% 2001 1,02,87,37,436 217,565,526 496,514,346 324 532,223,090 496,514,346

Census Uttar Pradesh Rural Urban Density Male Female

1991 132,061,653 70,396,062 87,565,369 548 70,396,069 61,665,591 25.80%

2001 166,197,921 65,566,591 78,632,552 690 87,565,369 78,632,552

Census Muzaffarnagar Rural Urban Density Male Female

1991 28,42,543 2143313 699230 709 1528634 1313909 25.80%

2001 35,43,362 2639480 903882 884 1893832 1649530

(Source: Census-2001, Government of India).

Table 5.1 shows District Muzaffarnagar is recorded increased in absolute number of

persons 7,00,819 during the decade (1991-2001). This is around 25 percent decadal

growth in total population and higher than national decadinal growth as recorded (21.54

percent) and equal to state of Uttar Pradesh as 25.85 percent decadinal population growth

during decade (1991-2001). Urbanization has been the trend in the urban population of

District Muzaffarnagar by about 30 percent as well as rural population as recorded

(2143313) in 1991 shown increase (2639480) in 2001 ( 4,96,167 persons) around 25

percent. As far as the population concentration or the density of population is concerned.

The population density of Muzaffarnagar increased by 175 persons/sq.km was in

comparison of density of Uttar Pradesh increased (142) and density of India (057). It

implies that the population pressure on one square kilometer of area in the District

Muzaffarngar has been observed high as compare to state and national level.

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5.3.2 Sex Ratio Table No 5.2 Sex Ratio (National, State and District)

(Source: Census-2001, Government of India)

Sex ratio, defined as the number of females per thousand males is an important social

indicator to measure the extent of prevailing equality between males and females in a

society at given point of time. Table No 5.2 demonstrates the Sex Ratio of Muzaffarnagar

was (872) in 2001 as compared with the state of Uttar Pradesh (898) and overall in India

(933). The sex ratio in the Muzaffarngar is lower than state and national figures.

5.3.3 Literary

Table No 5.3: Literacy (National, State and District)

Census India Uttar Pradesh Muzaffarnagar M F T M F T M F T 1991 64.13

39.29 52.21 54.82 24.37 40.71 56.60 29.10 44.63

2001 75.26 53.67 64.84 68.82 42.22 56.27 73.11 48.63 61.68 Growth 1991-2001

10.87 14.38 12.63 14.00 17.85 15.56 16.51 19.53 17.05

(Source: Census-2001, Government of India) Literacy measured in terms of a person aged seven and above, who can both read and

write with understanding in any language, is treated as literate. A person, who can only

read but can not write deem illiterate. Table No 5.3 reveals that District Muzaffarnagar

has been an increased in literacy rate from 44 percent to 61.68. As compared to overall

literacy of state of Uttar Pradesh, the Muzaffarngar is higher that (Literacy rate in U.P

(56.3 percent) and lower than to national level ( 64.84 percent).

Census 1991 2001 Growth ( 1991-2001)India 926 933 07

Uttar Pradesh 876 898 22

Muzaffarnagar 860 872 12

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5.3.4 Religion

Table No. : 5.4 Religions in Muzaffarnagar Religion 1991 2001

Hindu 1,82,7074 2,151,009

Muslim 981296 1,349,429

Christian 1862 3,303

Sikh 13712 18,998

Buddhist 1768 2,356

Jain 16662 1,756

Other 87 16511

Total 2842461 35,43,362

(Source: Muzffarngar Vikas Patrika-2006, Inforamtion and Public Relation Department, District

Muzaffarnagar)

Table 5.4 shows that more than fifty percent of Hindu and nearly forty percent are

Muslim. There is sizable Sikh and small section of Christian population as well. The

comparative figure from census (1991), the population of the Hindus has increased in

absolute number by (323935) but deceased in respect to total percentage from 64.28

percentage to 60.71 percentage ( 3.57 percentage). On the contrary Muslim Population

increased not only in absolute figure 368131 but by (4 percentage). Where as increased in

the population can also be seen of the communities such as Christian, Sikhs, Buddhists

and huge number those who did not tell the religions. Only deceased in terms of

population in respect of Jain community.

5.3.5 Language

Language is an important attribute of population, and has grate relevance and

significance in a pluri-langual and pluri-ethnic land like India. The language data is

particularly useful in the country having diverse people as ethnic and linguistic

characteristic of the population. The Census-2001 has been the richest source of language

data collected and published as presented in the Table no.5.5

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Table No. : 5.5 Language Spoken

Language No. of Inhabitants % of Total Population

Hindi 2399248 84.41

Urdu 436995 15.02

Punjabi 14871 0.52

Bengali 417 0.01

Others 933 0.03

Total 2842464 100.00 (Source: Muzffarngar Vikas Patrika-2006, Department of Information and Public Relation, District Muzaffarnagar)

The above table no. 5.5 indicates that majority of the persons speaking language belong

to Hindi language (84.41 percent) followed by Urdu language (15.02 percentage) and rest

of language such as Punjabi, Bengali and others less than 1 percent.

5.3.6 Polity

Table N0. 5.6 Public Representatives

Sl.N0. Public Representative No. of Member 1. Member of Parliament 04

2. Member of Legislative Assembly 11

3. Village Assemblies 687

4. Nyay Panchayat 536

5. City Groups 21

6. Municipalities 05

7. Town Area Boards 16

Total 1279

(Source: Muzaffarnagar Vikas Patrika-2006, Information and Public Relation Department, Muzaffarngar)

Table no. 5.6 shows a healthy political life in the district Muzaffarnagar from grassroots

decentralized governance to State and National Politics.

5.4 Economy

Agriculture is the main occupation of the economy of district Muzaffarnagar. Near about

70% of the population depends upon agriculture farming as its main occupation. Wheat,

rice, sugar cane, pulses, oil seeds and potatoes are its main products. Sugar cane is an

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important cash crop almost through out the District Therefore, it is called the bowl of

sugar and sugar mills and other cane crushers who produce gur and Khandsari are

common throughout the District. In the year of 2006, the sugar production reached its

heights in the state of Uttar Pradesh was 796.27 Lakh Quintal (Source: Muzaffarnagar

Vikas Patrika-2006, Information and Public Relation Department, Muzaffarngar, Uttar

Pradesh and India-2007).

5 .4.1 Industry:

Now-a-days industrialization is taking place gradually as elsewhere in other parts of the

State. The district has large number of industry based on agriculture. There are ten sugar

mills. In addition, distillery, paper, rice, floor, congest, milk, steel roll mills, agricultural

instrumental, Motor parts production and aluminum & steel pans industries. Besides, The

Prime Minister Employment Scheme was started at the occasion of Gandhi Jayanti on 2nd

October, 1993. It aimed at to provide employment for educated unemployed. It called

small scale industry. The eligible criteria includes VIII standard passed youth aged

between 18-35 years( exemption in age of 10 years for schedule caste/ schedule tribes,

disabled, women and retired soldiers) and their annual income should not exceed of

Rupees ( Rs. 40000). For details see the small scale industries mentioned in given below

Tables No. 5.7 and 5.8 respectively.

Table No 5.7 Heavy Industry

Sl. N0. Types of Industries Unit Workforce Invest ( in Crore)

1. Sugar Mills 10 15560 824.30

2. Paper Mills 31 13950 156.40

3. Induction 14 724 31.30

4. Rolling Mills 07 682 38.70

5. Distillery 02 241 15.23

6. Calcium Carbonate 01 514 16.43

7. Oxizon Gas 01 22 3.15

8. Insecticide & Pesticide 01 42 4.25

Total 67 31735 1089.76 (Source: Muzaffarnagar Vikas Patrika-2006, Information and Public Relation Department, Muzaffarngar, Uttar Pradesh)

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Table 5.7 indicates maximum investment priority to sugar mills, papers mills, followed

by induction, rolling mills, distillery, and calcium carbonate orison gas and insecticide &

pesticide industries.

Table No 5.8 Small Scale Industries

Sl. No. Group Industry Unit Invest ( in Crore) Workforce 1. 21 Food 427 3.41 3142

2. 22 Braveries 12 7.30 60

3. 23 Textile 19 6.81 105

4. 24 Fiber 02 0.64 24

5. 26 Hosiery 920 24.40 3640

6. 27 Wood product 622 2.90 3972

7. 28 Paper 217 79.20 1460

8. 29 Lather 761 11.62 4271

9. 30 Plastic 142 9.97 936

10. 31 Chemical 61 32.72 316

11. 32 Mineral 58 28.52 287

12. 33 Metal 39 41.16 206

13. 34 Metal product 21 16.05 104

14. 35 Machine parts 273 41.10 1515

15. 36 Electrical 14 9.65 74 16. 37 Transport 09 7.15 46

17. 38 Repairing 1524 92.60 7812

18. 39 Miscellaneous 3707 84.70 12620

20. 40 Total 8828 518.9 40590

(Information and Public Relation Department, Muzaffarngar, Uttar Pradesh)

Table No. 5.8 describes the major investments taken place under the Small scale

industries such as Repairing. The second largest investment goes to Miscellaneous which

is no where defined in the government documents published by department of

information and public relations, District Muzaffarnagar. Others industries which

constitute a large sum of investments such as Paper, Metal, Machine parts, Chemicals,

Minerals, and Hosiery. Ironically, the low investments industries have burden of a large

workforces.

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5.4 .3 Workforce

Table No 5.9 : Distribution of Workforce

Sl. No. Workers Percentage

1. Agriculture 37.2

2. Laborers 30.8

3. Animal husbandary,forestry & Plantation 1.0

4. Domestic industry 1.9

5. Non-Industry 8.3

6. Construction work 1.7

7. Commerce & Industry 7.8

8. Transportation and Communication 2.2

9. Others 9.0

Total 100

(Information and Public Relation Department, Muzaffarngar, Uttar Pradesh)

Table no. 5.9 indicates that majority of the district‘s workforce constitutes cultivators

agricultural laborers and services sectors., as is reflected in an agrarian society.

5.4.3 Unemployment Situation

Table No 5.10 Unemployment Situations in Muzaffarnagar (1996-2005)

Year

Total

Registration

Notification Submission Placement Unemployed

1996-2005 106268 951 11871

332 439730

(Source: Data of Employment Exchange as on 1st January 96 to 30 November 2005, District. Employment office, Muzaffarnagar).

Table 5.10 provides a decadinal picture of unemployment in the district. During the

decade (1996-2005) more than one lakh applications registered. Out of which around

(12%) submitted for different jobs and only (3%) got placement. Further it shows a huge

number more than four lakh unemployment recorded. It just about four times of the

number of registration. Surprisingly the district is in the process of developing in terms

of business and small scale industries. However the pace of employment has increased

over period of time except in 2.000 and 2001 otherwise it was in its continuous face.

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5.5 Socio-Cultural Environment

The socio-cultural environment includes availabilities of facilities and infrastructure,

predominatnt of youth population, caste, dominate caste, climate of fear and insecurity,

district governance and administration in general and police administration in particular.

The Muzaffarnagar is mainly an industrial town and considered one of the highest per

capita income in the country and the highest in the state of Uttar Pradesh. Muzaffarnagar

spent 600 crore on shoes and dress in 2006( as report published in National news paper

Dainik Jagran) which again is highest in India compared to non metro cities.

Muzaffarnagar town Shamli paid highest LIC premium in India while Muzaffarngar pays

maximum telephonic revenue as a rent in India. Muzaffarnagar has 529.134 households

and the size of per household is 7 members (Census, 2001). Culturally, it is part of

Western Uttar Pradesh with Hindu-Islamic flavour. The older parts of the city have a

Mogul feel, many monuments of Mogul period are spread in the villages and towns of

this district. Jansath Tehsil, about 22 km from district headquarters, has many Havelies

(grand mansions) of the Sayyids: Sheeshmahal, Killi Darwaja etc are a few of

them.Bhairo Ka Mandir, situated on Ansari Road, Muzaffarnagar and managed by a

Paliwal family (a zamidar Brahmin family),

5.5.1 Household

Table No 5.11: Distribution of Household

Sl.NO. Type of Household (% of Households Occupancy)

1. Permanent 48.7

2. Semi- Permanent 41.6

3. Temporary 9.6

Total 99.9

(Census, 2001, Government of India)

Table 5.11 shows that near about half of the households occupied permanent settlements

followed by semi- permanent occupancy while a small percentage having temporary one.

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5.5.2 Basic Amenities

Table No 5.12: Availability of Basic Amenities and Infrastructural Facilities Sl.NO Types of Amenities and Infrastructural Facilities No. of Villages

1 Total villages 1025

2 Drinking Water Facilities 865

3 Safe Drinking Water 865

4 Electricity ( Power Supply) 850

5 Electricity ( Domestic) 154

6 Electricity (Agriculture) 134

7 Primary Schools 794

8 Middle Schools 286

9 Secondary/ Sr. Secondary Schools 121

10. College 22

11. Medical Facilities 506

12. Primary Health Centre 52

13. Primary Health Sub-Centre 73

14. Post-Telegraph And Telephone 700

15. Bus Facilities 359

16. Paved Approach Road 817

17. Much Approach Road 231 (Source: 1.Muzaffarnagar Vikas Patrika-2006, Information and Public Relation Department, Muzaffarngar)

Table 5.12 describes about availability of the basic amenities and infrastructure facilities

in the villages of the district. Out of 1025 villages, nearly 80% having basic facilities

such as drinking water, safe drinking water, electricity (for domestic and agriculture

electricity consumption are 15% and 13 % respectively). Other facilities as education and

medical are on an average while communication and transportation seems good one.

5.5.4 Caste Structure In District Muzaffarngar Jats are the dominant caste, followed by a Rajputs, Yadavas,

Gujras, Tyagies and Muslim high castes. Schedule castes, Schedule tribes along with

Muslim lower castes are the subordinate castes those generally belong to the agricultural

laborers and in few cases poor peasant classes. There are 478,324 Schedule Castes.

Among largest three are (Chamar 375,600, Balmiki, 58,716 and Kori,19,006). In addition

to, 87 schedule tribes (84 Genetic and 3 Bhotia tribes). It constitutes around 13 percent of

the total population (Source: Census, 2001).

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5.5.5 Dominant Caste

Throughout in the district Muzaffarngar Jat is dominant caste or communities in different

gotras such as Chaudary Rathi and Baliyan etc. They dominant in almost all walks of

social life like Agriculture, Business, Politics, Administration and various professions.

They are well in money, muchale and political power, land and other resources. Due to

their strong caste feeling and unity generally they put pressure on local administration to

get their work done easily. It was supported by the researcher’s field observations:

A group of 20-25 people were sitting on the ground in front of District Magistrate Office with white color written cloth banner Gram Kutva vashiyo ki samasyaho ke Niwaran hetu“ Anishchit kalin Bhukh Hartal (for the Solution of the problems of the Kutva villagers -Indefinite Hunger Strike- Shri Brahm Singh Baliyan and Villagers ” on the issue of drainage in the village of kutva. As narrated by villagers that the village road constructed in the Kutva village and the contractor had not left the space for drain (the problem of water gathered and no drainage system for flow outside through drain system.Later I came to know from the media sources that Kutva is one of the village amongst where the Jat community indulged in the crime. I contacted media person and discussed the crime scenario in the distinct Muzaffarnagar .While interacting with Kutva villagers it appeared that people in the rural areas of Muzaffarnagar perceive the crime is kind of aggression and matter of prestige of dominate caste in society ( Mucche ki ladai hai).

Researcher had interacted across sections of society to know about culture of dominate

caste prevailed particularly in Muzaffarnagar. According to a media person, society is

completely responsible for caste wise protection to the criminals and police too. Society

wants the control of crime by police but do not perform its own duties. The people are

also scared of police for given information to police about crimes or criminals. The

public also do not want to be as witness. Crime in Muzaffarngar is due to rivalry, land

dispute, water in the agriculture field and way to go though field such are the small things

became cause of crime. There is village where the crime in nothing and murder has no

value only passion of blood due to culture of revenge. Use of force by Police is an

ambivalent feeling in the society because the criminals are not getting proper punishment

in court of law, witness are harassed and no fear of law in the eye of criminals.

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5.5.6 Culture of Revenge

The district has a peculiar culture of revenge which shows that crime is the way of life

among various communities in the district during fieldwork; the researcher met a

journalist who narrated a story which maps the psyche of the people of this district. As he

said, “ In the beginning of my career journalist I got a chance to attend the funeral

ceremony to report the incident of murder of a youth. I met the father of the deceased.

The father of the deceased was given the order of 8 quintals wood for funeral of body of

his dead’ son, late he had order for 2 more quintals wood. While looking this, I asked him

why so? The father of deceased son replied that my son was young and having good

health & weight. That is why I given two more quintals wood for his funeral. As

procession started to fire the body…the father of the deceased was holding gun at the

time of final ritual….suddenly he fired in the crowed and consequently two people died.

He pulled their bodies and put them with the body of his son for firing. I shocked to see

this. The father said, “When I ordered two more quintals wood that time I had identified

who killed my son. I took my revenge. This is way of culture of revenge deep rooted in

Muzaffarnagar ( Interview held with Senior Media person on 02.10.2006 at 7; p.m.).

5.5.7 Rivalry

According to local news reporter (Rastriya Sahara Bulletin), “every year there are 400

murders taken place. There are such villages where 50-50 murders taken place due to

rivalry. For example, in a village 26 murders committed due to agricultural land, dispute

related with lane between two plots of land, water and animals in the agriculture field.

Recently, there was an incident when around 8 people were while traveling in a bus.

They were pulled out & gunned down during day time. According to the reporter “After

1987, when Bhartiya Kishan Union (BKU) came into lime light the crime graph of

Muzaffarnagar got increased (Interview with Rajeev Saini, (Reporter Rastriya Sahara) on

26.09.2006 at 7 p.m.).

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A Juvenile lodged in the Baba cell of District Prison, Muzaffarnagar narrated a story of

false implication of innocent and poor person due to rivalry. He said, “I came in rape case

and completed 4 years in jail and remaining 3 years left. I tell you that my family and

neighbor had a conflict on the issue of land. Due to this my neighbor developed kind of

rivalry. After sometime the daughter of my neighbor got raped by someone and they

lodged F.I.R. against me wrongly. I was working in the agriculture field and left the work

for personal reason. The master under whom I worked instigated my neighbor to falsely

implicated my named in police report of rape case. He (my master) also had given his

name for eye witness in the same case that he saw me raping the girl of neighbor. The

court ordered me 7 years imprisonment” (Interview with juvenile undertrial inmates in

District Prison, Muzaffarnagar on 10.09.2006 at 2: 00 p.m.)

5.5.8 False Accusations

An untertrail prisoner aged 22 years by caste –chamar (dalit), hails from village-Kaireda

Hathi, Police Station-Babri, District –Muzaffarnagar narrates, “ There was a murder of

primary teacher in my village. His (deceased) disciple Mr. Raju who was studying and

the teacher had faith on Raju. But something was there which resulted incident. That

fellow Raju who is my friend too given my name to police. Mr. Raju is son of my

mother's sister. We use to play cricket and interacting 1-2 hour in talking. He was in

junior class but I was in Intermediate (12th Standard). In this case, I was more beaten by

police than my fellow detainee because he confessed the crime but not me. Even that time

I was 15 years old as per my High School certificate’s date of birth (07.01.1984) but

opposite party had nexus with police and doctors made me major. In this regards, I told

the court about it and sent a copy of my school certificate. Let’s see (Interviewed with

inmate on 17.09.2006 at 5.00 p.m. in the District Prison, Muzaffarnagar).

According to Lawyer and President of Bhariya Kishan Party, “There was a case of false

implication in the village of Karesava. Police Station Shahpur. A father of woman

(Munni Devi) registered false case of dowry against her laws (four and five members of

her family). Munni Devi herself went against her father to save her own in laws. She sat

on the strike and later the District Magistrate took cognizance and scolded the police to

save her in laws in a dowry case. The hunger stickers referred to the hospital including

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Munni Devi. The concerning police took Munni Devi form Hospital and beaten her and

torture too and forced her for wrong statement under section -164 Cr.P.C, 1973. In

between the I.O. submitted report to the court mentioned to release in mother in law. The

court took serious note in this case and ordered to release her (Munni Devi) without bail

and turned the statements. Others falsely implicated person released on bail because of

police carelessness in duty. Later AJD-Additional Distinct Judge-IV heard the matter and

at its first hearing all the accused got scout free in this case (Interview with advocate on

06.06.2006 at 5: p.m.in his lawyer’s chamber, Court Compound, Muzaffarnagar).

Another unique case of false accusation of a human rights activist and famous criminal

lawyer of the city experienced police harassment. According to the human rights activist,

“This was time of 2003; one of my friend's brothers got kidnapped, for his personal

safety he applied for a license of Revolver. Then SSP did not give license to him.

However, the Senior Superintendent of Police (SSP) advised him to kill the criminals

who kidnapped his brother rather getting license. My friend refused his suggestion and

consequently SSP threatened to kill him in a fake encounter. Later, my friend false

implicated in a criminal case under Section-307 IPC. Subsequently, myself and advocate

Gyan Kumar met D.M. We were treated in same manner and got threatened call to

implicate in a false case and breaking my hands and legs in torture. The SSP Bhaji Ram

Mina had false implicated me and advocate Gyan Kumar in a SC/ST atrocity case and

issued NBW (Non Bailable Warrant). Then we stood up against this kind of harassment

by a senior level police officer and met DIG Shaharanpur. The DIG Saharanpur had

given order for inquiry in false case against us. We had also moved to the Honorable

High Court and filed a writ petition no.8508/2005 under Sections 226/227 and now the

date is fixed for hearing of that writ in High Court on 08-09-2006( in case of Jagvir Singh

v. State of U.P. and Gyan Kumar v. State of U.P.) The electronic media person

(TAJTAK) taken money from SSP, Meena and highlighted the case according to his

wishes (Interview held with human rights activist on 09.09.2006 at 2: 00 p.m. and

advocate on 08.09.2006 at 4: 30 p.m.).

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5.5.9 Fear and Insecurity

During field work researcher had interacted with government officials commonly called

recovery collector or ( Amin) at the victims’ home in Faimpur village. The recovery

collector from Jansath Tehshil, District Muzzaffarnagar appreciated research study, “ it is

a very good study but this area is very criminal sensitive while narrating his own

experience said that he is going village to village to collect money from debtor ( who has

taken loan ) from government. Sometimes, he was harassed, threatened and assaulted too.

He also informed to the researcher that Muzaffarnagar is Jat dominated culture. If you

belong to other than Jat caste such as weaker section or backward caste then it is

problematic thing for you. Don’t tell them exact caste, just say, you belong to upper caste

so that you would be safe. Further, he suggested, do not go with women in remote areas

or evening time, go to field in day time and come back in day time. This area is not safe

for women. While coming back from Faimpur village…researcher had interacted with

some strangers (one man and one woman) on horse card (Tonga). As Tonga started

walking, on the way, the man on cart asked about domicile of researcher. According to

Stranger (Man in Tonga): “If people come to know that you are an outsider and having

cash around Rs10, 000/-, they would catch hold of you and demand money (ransom)

from your family for your release. Other side, they will take these girls (women social

workers who were helping the researcher were also sat on Tonga) in their custody and

sell them in any part of India. After saying this, they were started laughing while looking

each other faces (Field visit village Faimpur at 08.09.2006 at 12 p.m.)

Another example related with my first visit to Budana Police station in September, 2005

for pilot study. As Police Station Officer Shri Jagdish Singh stated that Budhana town is

criminigonic area in Muzaffarnagar (dominated by Jat and Muslim communities). On my

return to Muzaffarnagar town when I asked some peoples about transportation, one of

them informed me that there is not single vehicle take you to Muzaffarnagar, all are

stopped after evening time. Further he said, if you get something you are lucky because

buses are being looted, cash extorted and sometime passenger are hurt or killed even if

they resist. After waiting sometimes, I got last bus of state transport undertaking coming

from Samli to Muzaffarnagar via Budhana town. While traveling in bust to

Muzaffarnagar, I saw a police van was running parallel to the Bus and meeting with

155

police personnel who were present at fix points with guns and torches in hands (filed visit

Budhana town on July 10, 2005).

Mr. Rajesh, reporter Media Centre, Muzaffarnagar city told about a unique case of gang

rape of a Hindu girl by Muslim men and where the women involved in this rape case. The

fact of the case is that a Hindu boy eloped with a Muslim girl and got married. Later the

news spreaded in the village and in the wake of resentment Muslim community caught

hold the sister of Hindu boy from his home and gang raped her. The women were holding

her hands and legs. Another peculiar nature of the case was that an eight years old boy

was sent to the jail by Sub-Inspector of Police which is prohibited by the law under

section-160 of the Code of Criminal Procedure, 1973.

The following Excerpt from Narrative Data is an Example

Another story of a Muslim lady in the court of Chief Judicial Magistrate

indicates the nature of criminal activity. She narrates her story like she

belongs to Muhalla ( locality) Rahmania, Shadipur Road, Muzaffarnagar

City. She is married two years back and now staying with her mother who

was also with her that time (she was sitting on the same bench and her

brother too). She told that her in law were demanding dowry in terms of

Rs 2500-&a color T.V. When she did not fulfill their demand she was

thrown out from house and finally she filled a case in court. Today she

came to attend the court hearing of the same case. She said that we are

poor and my brother is pulling the rickshaw and helping family of 10

members (4 sisters, 4 brothers, mother and father). She has also a four

years kid name shama. My husband and in laws are powerful and

threatening us for dire consequence or killing if case is not withdrawn

form court. We are here for justice but we are coming morning and going

evening only attending the court dates but nothing is conclusion so far. We

do no know how long the case will go. It was time around 12: 30 p.m., the

lady Magistrate came and starting the proceeding of the court …………

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5.5.10 Crime in Muzaffarngar

Table N0. 5.13 Crime Situation in Muzaffarnagar

(Source: Crime in India 2000, 2001, 2002, 2004, 2005, 2006)

Table No. 5.13 presents the trend of crime in District Muzaffarnagar. It indicates that

crime against human body have deceased over period of time on the contrast the crime

against property increased. As far as crime against women is concerned the cases of

cruelty by husband/relatives and dowry cases are higher which suggests that domestic

violence against women is much more than other societal violence. Similarly, the cases

related to communal violence particularly riots incidences continue to share its intensity

Sl.N0. Crime Head 2000 2001 2002 2004 2005 2006 Total

1. Murder 302 324 287 253 207 230 1603

2. Attempt to Murder 235 255 195 163 187 164 1199

3. Culpable Homicide 11 12 09 21 24 32 109

4. Causing Death by Negligence 00 116 116 00 112 00 344

5. Hurt 12 110 10 11 10 14 167

6. Dacoity & Preparation 24 28 16 11 21 16 116

7. Robbery 134 150 122 93 105 86 690

8. Burglary 143 185 127 95 115 84 749

9. Theft 563 637 479 563 606 628 3476

10. Cheating 76 94 88 88 104 119 569

11. Counterfeiting 06 10 06 00 07 05 34

12. Criminal Breach of Trust 62 74 38 50 63 44 331

13. Arson 00 18 04 18 00 00 40

14. Molestation 46 51 34 33 34 46 244

15. Sexual Harassment 113 33 30 80 103 88 447

16. Rape 34 54 30 44 44 31 237

17. Kidnapping 133 142 121 90 80 120 606

18. Cruelty by Husband & Relatives 156 265 163 180

73 172 1009

19. Dowry Death 20 24 37 35 23 39 178

20. Riot 163 186 112 91 131 144 827

21. Other IPC Crimes 1191 1274 1164 1320 976 1266 7191

22. Total Cognizable Crimes under

IPC

3232 4242 3188 3563 2893 3328 20446

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however it was reported highest in the year of 2001 as well as it is noteworthy to mention

here that over all IPC crime reached its peak the same year without citing any reason by

crime in India. Nevertheless, the unreported crime or dark figure of the data reveals the

different picture of crime in Muzaffarnagar. During field visit of police station Kotwali

and interaction with Cook who prepared food for police personnel and accused in the

lock up of Kotwali police station (generally refer Falwar)……………… “As he reveals the fact that that at somebody stolen Rupees (Rs. 150) from the pocket of his shirt which was kept inside the room (mess room), when he was busy in his duty for cooking the food. He had suspicion on his fellow collogues police staff of Kotwali police station but he was not ready to lodge the complaints as he had bad experience with reporting the complaint with police. Citing his last experience he said that once he had gone to post office to with drawn his provident fund and lost his vehicle (bike). Later he tried to report the incident to police while doing so he faced harassment by his own police staff that did not report the incidence of stolen bike from post office and pretended it saying that post-office does not fall under the jurisdiction of Police Station. He also visited civil lines police station but could not succeed there also. Finally he reported incident to the SSP and eventually the due to SSP intervention the Kotwali police station lodged the complaint and but he did not get back his vehicle saying that the police has not done the proper search” ( Interview held with Police Falwar on 27.07.2006 at 7: 00 p.m. at Kotwali Police Station, Muzaffarnagar).

The crime statistics does not mention any thing about the female criminality in the

district; they may be by victims of circumstances. However, the field data throws some

lights on it. First case of Ms. Michelle Young aged around 30 years, unmarried,

graduated in arts from Thailand and detained in women cell of District prison,

Muzaffarnagar since last 2 and half years in case of exchanging foreign currency from

unauthorized agents( jeweler in the city). Second one was of Smt. Bhuri w/o Shaokat,

Village-Kairana Town, Muzaffarnagar booked under sections 326/307/120B IPC. I am

here since one and half months. My brother in laws poured kerosene on my husband but

he is alive but police caught me when I was going to my house (mother’s house) so I am

here in Jail.

5.5.11 Reasons of Crime in Muzaffarnagar

According to Deputy Superintendent of Police (Crime), “The police can not prevent the

crime because the crime is over looking certain things in Muzaffarnagar society. Police is

only doing legal process. He explained roots of crime in Muzaffarnagar context ;

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Geogpharaphical Root : According to him sugarcane crop which is one of the root cause

of crime in Muzaffarnagar. He explained kidnapping, dacoity, road holding and loot are

happening near by sugar cane fields. This is safe place to hide the stolen/looted property

in dense of sugar cane crop. In the sugarcane field, the police can not open fire because in

place of criminal other persan can cause death. Therefore I proposed a scheme to

Government of Uttar Pradesh that no one should cultivate the sugar case field at least 100

meters from the public road. (It experimented in Punjab State when terrorism was on the

peak). Secondly, it is easy to commit a crime in Muzaffarnagar because its district

touches its boundary with the neighbor states such as Haryana, Uttaranchal and National

Territory Delhi. After committing the crime, the criminal ran away in these states and our

wireless system got inefficient outside the state of Uttar Pradesh. This is one of the

problems for police in this area.

Social causes Historically, the Jat community belongs to Hood Dynasty.Kurushatra

Culture (violence in Nature). 70% of prisoners in jail are belonging to Jat and Muslim

communities. There is custom prevailing in the Jat community that one woman can have

relation with other male members of family because joint family land could not get

separated among the unmarried male members of family. This is the reason lot of

violence and crime committed against unmarried male youth within the family, if they try

to get marry, sometime they are killed. When the incident of killing unmarried male

youth increased in last couple of years, then the SSP (MZN) Mr. Navneet Sikera had

given order to all police stations to maintain a separate register for crime against

unmarried youth ( Raduya register). The SSP also instructed the police Thana to identify

the vulnerability of such youths in family and give them police protection.

Political Cause : In this western Uttar Pradesh side, the criminals are getting good life

and later they joined politics at all the level from head of village to M.L.A. and M.P.

Then, these criminal turned politician started political interference in police functioning.

Because of that the police became ineffective to control the crime in the district

(Interview held with Deputy Superintendent of Police (Crime) on 13.09.2005 at 2: 30

p.m. in the office of the District Police Head Quarter, Muzaffarnagar).

159

5.6 District Administration

District is the main unit of the state functioning. The Uttar Pradesh State has 70 districts

including District Muzaffarngar. A District Collector is the head of district administration

and the official agent of the sate government in the district. A District Collector is known

as District Magistrate (D.M.) in Uttar Pradesh. The most important work of the district

magistrate is to collect the land revenue and miscellaneous dues of the government, to

implementation of various government rules and orders as well as maintain law and

order. Being a top administrator of the district the District Magistrate orders directly the

police department whenever required. The District Magistrate is also responsible to

maintain peace and social order in the district ( India 2007).

The maintenance of law and order in district is the principal duty of the District Collector.

Before Independence, the District Collector acted as both, the Executive Magistrate and

the Judicial Magistrate. As an Executive Magistrate, he was responsible for the

maintenance of law and order and as a Judicial Magistrate; he was responsible for the

trail of criminal and civil cases by interpretation of the laws. After independence, the

judiciary has been separated from the executive in accordance with Article 50 of the

Directive Principles of State Policy of the Indian Constitution. As a consequence, the role

of Collector as a Judicial Magistrate came to an end. This function has been handed over

to a new functionary called district Judge who works under the direct control of the State

High Court. The District Collector in his capacity as the district magistrate (i.e. executive

magistrate) is ultimately responsible for the maintenance of law and order in the district.

For this purpose, the district police force headed by the District Superintendent of Police

is kept under the control, supervision and direction of the district magistrate The Indian

Police Act of 1861vests the police administration of the district in the district

Superintendent of the Police under the control of the district magistrate. Thus there is

system of dual control of law and order administration in the district, that is, control by

the district magistrate and control by the department headed by the Director General of

Police. The District Collector in his capacity as the district magistrate performs the

following functions in maintaining law and order administration in district (Menon 2001).

160

• To control and supervise the subordinate magistracy

• To issue orders when there is threat to public peace and order under section 144

of the criminal procedure code.

• To dispose all the petitions received from the government and others.

• To release prisoners on parole.

• To inspect the jails.

• To submit an annual criminal report to the government.

• To grant, suspend or cancel any kinds of licenses like arms and ammunition.

• To grant superior classes to prisoners.

• To supervise and control local bodies.

• To control and direct the action of district police.

• To enforce entertainment tax and press Act.

• To call the armed forces to aid and assist the civil administration to deal with any

abnormal situation in the district.

• To prosecute offenders under the factories Act and Trademark Act.

• To order disposal of unclaimed property.

• To recommend schemes for the development of forest range (Menon 2001).

5.6.1 Criminal Justice Administration

The sub-systems of criminal justice administration are the Police, Prosecution, Court and

Prison. Police is the entry point of the criminal justice system. There are 28 police

stations in the district Muzaffarnagar. Each police station is headed by Station Officer

under supervision of Deputy Superintendent of Police. The Head of the district police is

called Superintendent of Police. Police is an investigating agency. The prosecution lies in

the hands of the prosecuting agency. At the district level, the Senior Public Prosecuting

Officer is the overall in charge of the prosecuting wing. The other officers like Public

Prosecutor, Assistant Public Prosecutor who assist legal advice to the police department

and decide the merit and demerit of police investigation on the basis of evidences for

prosecution of a case in court of law.

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The justice delivery agency at the district level headed by District and Session Judge. The

hierarchy of judicial administration runs through District Judge, Additional District

Judge, Chief Judicial Magistrate, Judicial Magistrate First Class and Judicial Magistrate

Second Class.

The jurisdiction of each judge based on the territorial and pecuniary criteria. The judges

have the power of impose penalty in form of punishment depends on the nature of

offence as well as characteristics of the offender at the time of committing a crime. For

the execution of the punishment meted out of an offender goes to the prison

administration. The prison or jail system in the district is functioning under

Superintendent of jail. The subordinate officers including one Jailer, eight Deputy Jailors

and other staff. The capacity of district prison is 500 however 1500 prisoners kept in

different ten barracks.

5.6.2 Police Administration

District Police is headed by Senior Superintendent of Police (SSP), Muzaffarngar and

closely associated with District Magistrate who functions as the Chief Executive in the

district set-up. The District Muzaffarnagar administration is subjected to two kinds of

control a hierarchical control exercised by the Deputy Inspector General of Police,

Saharanpur, range and District Magistrate, Muzaffarnagar. The District Magistrate is the

Head of the Criminal administration in the District and in-charge of the maintenance of

law and order in the district. The Senior Superintendent of Police functions under the

general control of District Magistrate and assist him in all ways to discharge his

responsibilities. The postings and removal of police officers particularly of the rank of

Station House Officer ( S.H.O.) is normally not done without the prior permission of the

District Magistrate. The Senior Superintendent of Police and Superintendents of Police

do not leave their headquarters without obtaining the prior permission of the District

Magistrate.

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5.6.3 District Police Structure

The District Muzaffarngar Police Administration is headed by Senior Superintendent of

Police ( S.S.P.). The Senior Superintendent of Police is at the policy level or senior

managerial level responsible for such managerial duties as planning, co-ordination,

control, supervision, police-public relation etc. The S.S.P, is assisted by Superintendent

of Police ( S.P. City) and Superintendent of Police ( S.P. Rural) and seven ( Deputy

Superintendents of Police ( Dy. S.Ps.). for supervision of the police stations. while the

police takes all actions regarding maintenance of order and prevention and detection of

crime at the ground level. At the police station level, constable, Head Constables, Sub-

Inspector out of which one acts as the officer –in-charge or S. H. O of the police station.

The whole district is divided into 2 Zones and 7 areas and 28 police stations for policing

the areas as per their management.

5.6.4 District Muzaffarngar Police Annual Budget

Table N0. 5.14 Muzaffarngar Police Annual Budget

Financial Year Receipt Expenditure Surplus

2005-2006 15,32,68000 15,18,50021 14,17,979

( Office of the Superintendent of Police, Muzaffarnagar as on 02.10.2006)

S. S.P.

S.P. Urban

S.P. Rural

Dy. S.P. City

Dy. S.P. Sadar

Dy. S.P. Khatoli

Dy. S.P. Jansat

Dy. S.P. Samli

Dy. S.P. Kairana

Dy. S.P. Budhana

S.H.O.

S.I.

A.S.I.

H.C.

Con.

S.H.O.

S.I.

A.S.I.

H.C.

Con.

S.H.O.

S.I.

A.S.I.

H.C.

Con.

S.H.O.

S.I.

A.S.I.

H.C.

Con.

S.H.O.

S.I.

A.S.I.

H.C.

Con.

S.H.O.

S.I.

A.S.I.

H.C.

Con.

S.H.O.

S.I.

A.S.I.

H.C.

Con.

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5.6.5 Strength of District Muzaffarnagar Police

Table No. 5.15 Strength of Police Force

Designation/Rank Number Senior Superintendent of Police 01 Superintendents of Police 02 Deputy Superintendents of Police 07 Inspectors 17 Sub –Inspector Males( Regular) 150 Sub –Inspector Females ( Regular) 07 Sub –Inspector Males( Special Grade) 59 Sub –Inspector Females ( Special Grade) 01 Head Constable Males( Regular) 227 Head Constable Females ( Regular) 02 Head Constable Males (Special Grade) 61 Head Constable Females ( Special Grade) 00 Constable Males 1590 Constable Females 29 Constable drivers 61 Fourth Class 97 Total 2304

Table No. 5.15 reveals the strength of district Muzaffarnagar police force constitutes

lower level functionaries as Inspectors, Sub-Inspector, Head Constables and Constables.

5.6.6 Functions of District Muzaffarnagar Police

1. Prevention and Investigation of crime as well as preserving public order.

2. Apprehend the offenders and participate in subsequent legal proceedings

connected therewith.

3. Collect intelligence relating matters affecting public peace and communal

harmony, security of state etc.

4. Reduce the opportunities for commission of crimes through preventive patrol and

other appropriate police measures.

5. Facilitate movement of public and vehicles.

6. Create and maintain a feeling of security in the community and help the persons

who are in danger of physical harm.

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7. Provide other appropriate services in an emergency and afford relief to people in

distress.

8. Patrolling, surveillance and monitoring criminal activities and communal

disturbance as well caste conflict areas (Menon 2001).

5.6.7 Problems in Muzafffarnagar Policing

The problems of policing in District Muzaffarnagar varied and many such as poor

policing, corruption in policing and human rights problem in policing.

Poor Policing : Some of the police constables feel that the criminals are driving car and

we are still riding cycle what will do by cycle. Jeep is only for S.H.O. and Motor Bike for

S.I and Mobile facility is only for S.H. O. (Station House Officer). It has been observed

in the field that police personnel were standing on the middle on the public road and were

asking lift from the public vehicles passed through but no one has offered voluntarily

helped to them. It was also seen especially at the night duty time. The police personnel

were found tied up with the night duty and tried to sleep in duty hours because no

refreshment arrangements for them like tea and snack etc.

Corruption in Policing : According to Sarita aged around 18 years a dalit girl hails from

Kailashkapur village from Garipukhata Police Station. As she said the police from

Garipukhata Police Station reached to my house with a warrant to arrest my brother and

also demanded bribe of Rs. 500/- when we protested police action police started beating

to me and my mother. Then we had also beaten the police personnel finally I found

myself in hospital and then since last one month I am in Jail. In an another story of the

four females in Jail aged 15,16,17 and 45 years respectively due to quarrel with landloard

on rent issue. As one of them told that “when we were in police custody somebody called

the police for challan us into the jail. She alleged that police had taken money from

landlord to send us in jail” (Interviews held with female inmates in women cell of District

Prison, Muzaffarnagar on 27 September, 2006 at 10 a.m.).

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Human Rights in Policing: According to Deputy Superintendent of Police (Crime),

despite the modernization of police taken place in recent yeas in terms of

computerization, cell phone, video camera, advanced photography and forensic science

kit complaints against police highhandedness in police custody are increased. Since

January 01, 2005 till September 13, 2005, 324 cases regarding human rights violations

registered by NHRC from Muzaffarnagar District. It gives the extra burden or pressure on

police to prevent the crime in society. Other hand, police allocation is 50 years old. Other

factors like crime situation and geographical factor etc. For example, the JinJhana Police

station covering 120 villages and is the biggest police station in Muzaffarnagar Police.

The human rights are problematic in a contemporary policing. The police custody

duration of 24 hrs is less time for follow up the case. In rape a case, when there is no eye

witness available but the Indian Evidence Act, 1872 focus on eye witness which create

another problem for police in field. (Interview held with Dy. S.P. on 13/09/2005, at 2: 30

p.m., in the office of the Senior Superintendent, Muzaffarnagar).

The National Human Rights Commission’s fact finding team observed and reported that

“It is true, Muzaffarnagar is a crime infested area and the police is required to tackle the

crime but in its zeal to track down the crime innocent citizens cannot be made scapegoat

and the tendency to make their times miserable would turn them into harden criminals

and hardly any ground to justify illegal action on the part of the police. (Excerpt from

NHRC-Director General (Investigation) fact finding report of Bakerywala case)

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5.6.8 Problem of Custodial Crimes in Police Custody

Table N0. 5.16 Reported Cases of Custodial Crimes by N.H.R.C.

(Source: Law Division, National Human Rights Commission New Delhi from 1993 upto June, 2006)

As one can see from the Table No. 5.16, the cases related with unlawful detention and

illegal arrest is around 90 percent. Followed by custodial torture cases, custodial deaths

and other forms of custodial violence, however, the custodial rape unreported.

The Chapter 5 provides the description of the locale of the study in the context of

District Muzaffarngar of Uttar Pradesh State. It highlights basic characteristics of the

District such as geography; history, demography, economy, polity and socio-cultural

environment in the context, culture of dominate caste, revenge, rivalry, false accusation

as well as crime and communal sensitivity of the area. It also highlights district

governance & administration in general and police administration in particular, within

that strength and problems of district policing and focuses upon complaint against police

personnel of custodial crimes in police custody.

Sl.N0. Nature of Custodial Crimes in Police Custody Number

1. Custodial Deaths 05

2. Custodial Rape 00

3. Custodial Torture 126

4. Custodial Violence 05

5. Illegal Arrest 187

6. Unlawful Detention 799

Total 1122