Professional Documents
Culture Documents
Radhika Singha - Thuggee Campaign
Radhika Singha - Thuggee Campaign
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at .
http://www.jstor.org/page/info/about/policies/terms.jsp
.
JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of
content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms
of scholarship. For more information about JSTOR, please contact support@jstor.org.
Cambridge University Press is collaborating with JSTOR to digitize, preserve and extend access to Modern
Asian Studies.
http://www.jstor.org
'Providential'
Circumstances:The Thuggee
Campaignof the I83os and Legal Innovation
RADHIKA SINGHA
Universityof Delhi
'0 Sandria B. Freitag argues that arrangements for dealing with collective crime
grew up as a 'covert' legal structure forming an alternative to the overt legal structure
'ostensibly geared to individuals' which provided the reassuring appearance of 'the
rule of law'. Sandria B. Freitag, 'Crime in the Social Order of Colonial North India',
ModernAsian Studies 25, 2 (199I), pp. 227-61, 23I. In contrast, I argue that both these
elements existed in uneasy relationship with the same body of law, and their coexist-
ence explains certain contradictions within it. Even if 'extra-ordinary measures' to
deal with 'criminal communities' took shape in territory outside the Company's
regulations, or within the field of executive discretion, they eventually had to be
integrated into the sphere of 'rule of law'. In this article I attempt to show how the
introduction of laws dealing with ill-defined 'criminal communities' introduced
certain fissures into the ideology of the equal, abstract and universal legal subject.
" Act XXIV of 1843 'for the conviction of professional dacoits, who belong to
certain tribes, systematically carrying on their lawless pursuits in different parts of the
country....'
The Sagar and Narbada territories where the thuggee campaign took
shape bordered the terrain of an earlier initiative against a 'predatory
system', in the form of the Pindari campaign of i817-I8.37
36
This would qualify Stewart Gordon's argument that 'Sleeman's eventual success
in persuading the Government of India is a gauge of the triumph of the Evangelical
crusading philosophy of British Indian administration over the "preservation of
Indian customs".' Cf. Stewart N. Gordon, 'Scarf and Sword: Thugs, Marauders, and
State-formation in Eighteenth Century Malwa', Indian Economicand Social History
Review(hereafter IESHR), VI, 4 (Dec. 1969), 403-29, for a very perceptive article on
this phenomenon.
37 The
Pindaris, better described as a phenomenon than as a particular com-
munity, emerged in central India as bands of military auxiliaries, who served the
various powers in that area, in particular Holkar and Sindhia, and began to acquire a
territorial foothold on the Narbada. Those with a horse had been used by Indian
princes to skirmish with the enemy's army and to pursue it into retreat; among their
numbers were also those who would forage for the army, carry grain to it, and dispose
of their own booty and that of others in the aftermath of a successful campaign.
38 ... the atrocity of their character ... forbad the
degradation of negotiating with
them ... At the same time I saw the intimacy of the connection between the Pindarris
and the Mahrattahs so distinctly, as to be certain that an attempt to destroy the
former must infallibly engage us in war with the whole body of the latter.' Address by
Marquess of Hastings to Court of Directors, 1823, in H. Bevan, ThirtyYearsin India,
vol. I (London, 1839), pp. 187-8. Cf. Lt Col. Fitzclarence, Journalof a Routeacross
India, throughEgyptto Englandin theLatterEnd of the Year1817, and theBeginningof 18I8
(London, I819), p. 41, for his characterization of the Pindaris as 'enemies who were to
be considered in the light of public robbers.' J. Malcolm also refused to accept that
the Pindaris resembled the Marathas at the point of their political emergence.
Malcolm, Memoirof CentralIndia,vol. I, pp. 427-8.
39 Lt Col.
40
Fitzclarence,Journalof a Route,p. 41.
Ibid.
41 Political letter to the court, 25 Nov. I818, para. 23, in B. K. Sinha, ThePindaris
(i798-i818) (Bookland, Calcutta, 1971), p. 74. Pindari leaders and their immediate
followers were given grants of land to 'settle' them in Bhopal and in Gorakhpur, ibid.,
pp- 175-83.
42 Malcolm wrote that many of the Pindaris were from the 'lowest of the
labouring
classes', almost all the Hindus being Ladul, 'a low class whose usual occupation is to
bring grass and firewood to camps.' He also remarked that the dispersion of the
Pindaris had increased the class of Muslim cultivators, artisans and labourers, for
many Hindus of low caste who had joined them had become Muslims. Malcolm,
Memoirof CentralIndia,vol. II, pp. 176, 177. Sita Ram Sepoy, says the Pindaris always
had better information than the British forces, and describes the people of
Bundelkhand as being on their side. James Lunt (ed.), FromSepoyto Subedar,beingthe
Life and Adventures of SubedarSita Ram, a Native Officerof the BengalArmy Writtenand
Related by Himself ( ist edn, I875, London, 1988), pp. 38, 46.
43 The followers of the
Pindaris, wrote Malcolm, 'are lost in that population, from
the dregs of which they originally issued. A minute investigation only can discover
these once formidable disturbers, concealed as they now are amongst the lowest
classes, where they are making some amends for past atrocities, by the benefit which
is derived from their labour in restoring trade and cultivation.' Malcolm, Memoirof
CentralIndia,vol. I, p. 462. Cf. also, Sinha, ThePindaris,p. 176.
44 Malcolm begins the chapter on the population of central India with the state-
ment that he would start with a brief view of the different tribes, and 'conclude by a
classification that will distinguish those who follow peaceable occupations from the
number who still consider arms their sole profession.' Malcolm, Memoirof Central
India, vol. II, p. io6. Elsewhere he uses the distinction 'civil classes' and 'the
predatory and turbulent classes', ibid., p. 224.
45 Ibid., p. I74 for the Mewatis, the Pathans, Arabs etc. With the restoration of
tranquillity, wrote Malcolm, the first class would return to cultivation and the other
sort would have no option but to take up peaceable pursuits, while 'foreign'
mercenaries would be expelled, ibid.
2. Criminalcommunities
and 'wayof life' criminality:the 'looseand
floating'layersof society?
50 W. H. Sleeman to W. G. Bird, 5 April 1839, Home Dept, T&D, Cons G.8, July
I838-Aug. 1839.
51 Cf. Fanny Eden's acidic comments on Captain Paton, who was a 'great Thug
fancier... and makes positive pets of some' and on Europeans who having had much
to do with their examination view them 'in a most romantic light'. J. Dunbar (ed.),
Tigers,DurbarsandKings, FannyEden'sIndianJournals,I837-38 (London, I988), p. 120,
104. Also, Emily Eden, Up theCountry:Lettersfrom India (repr., London, Virago, 1983),
pp. 59-60.
52
Lt Reynolds, 'Notes on the T'hags', Journalof theRoyalAsiaticSociety(hereafter
This band lore was constituted around the 'profession'; but it did
not necessarily establish a strong fraternal link with other members or
dominate all other social affiliations. As Stewart Gordon in his very
perceptive article on thuggee points out, there was no system of
reprisals against those who betrayed the 'fraternity' by turning
approver.66Sleeman registered the presence of certain caste and reli-
gious animosities between the approvers;67they would generally show
a concern only to shield members of their own family or caste. In fact,
some of the approvers seemed to regard their assistance to thug-
hunting detachments as having put them in 'service' to the Company
and Sleeman encouraged this sentiment.68The approver Bukhtawar
said they were not apprehensive about informing on former accompli-
ces because they had become 'servants of Government'.69Ram Bux,
recounting his services to Government in catching thugs, exclaimed:
'they are all my enemies now!'.70
The approvers swept up in the I83os and 184os cite the antiquity or
long tradition of their 'profession' as one among the other factors
which established the legitimacy of their activity. However, their
accounts of actual attacks do not go further back than the early
nineteenth century.7' Even the thug genealogies which Sleeman con-
structed do not seem to stretch further back than three generations
and include the names of adopted children.72In the official presen-
tation of the 'history' of thuggee, the immediate chronological and
political background was evaluated but there was also an effort to
push its origins into the remote past. To buttress this history chrono-
logical points were gleaned from stray references to predatory gangs
in Persian chronicles or in accounts of European travellers to Mughal
India.73The stress placed by officers on strangling as the distinguish-
66 Gordon, 'Scarf and
sword', p. 413.
67
Cf. Sleeman to F. C. Smith, I I March 1831, in Bruce, TheStranglers,p. 114.
68
'We require to raise them a little in their own esteem, and make them feel a little
exalted as the servants of the state ... The terms Sarkarka Naukarand a decent
appearance have a wonderful effect in making them exert themselves.' W. H. Sleeman
to Major Stewart, resident, Hyderabad, 16 July i832, Home, T&D, Cons G.I, June
I832-May 1833, pp. 66-7. 69 Ramaseeana, p. 186.
70 J. Paton papers, BM Addl Mss 41300, p. 9. Some
approvers suggested that they
could help the police to detect other 'classes' of thieves as well, ibid., pp. i9, 29.
71 The men seized
by Reynolds in the Nizam's territory in the early i83os con-
fessed to having made annual expeditions over the previous 25-30 years. Reynolds,
'Notes on the T'hags', p. 213. Cf. also deposition of Rambux, thug approver, 15 April
1837, Paton papers, BM Addl Mss 41300, p. 8; and Ramaseeana,Appendix I, pp.
72
I101-10. Ramaseeana,Appendix A.
73 Cf. Sleeman's citation of Thievenot's Travels
(1687) for a reference to robbers
who used a noose. Ramaseeana, p. I I. Also V. A. Smith's editorial note in Ramblesand
80 Reporton BudhukDecoits,
1849, p. 268. However, he also acknowledged that
religious mendicancy had been the 'great safety valve through which the unquiet
transition spirit has found vent under our strong and settled government.' W. H.
Sleeman, RamblesandRecollections of an IndianOfficial,vol. I (Ist edn, I844, Westmins-
ter, 1894), p. 446.
81
Ibid., p. 83.
82 Cf.
Ramaseeana, pp. 85, 144, 126 for references to Multani,Lodahaand Qulundera
thugs.
83
Capt. J. Briggs, 'Account of the Origin, History and Manners of the Race of
Men called Bunjaras', BombayTransactions, I (i819), 159-83. R. G. Varady, 'North
India Banjaras: Their Evolution as Transporters', SouthAsia, new series, II, I and 2
(March-Sept. 1979), I-I8.
84 Cf. E. Balfour, 'On the Migratory Tribes of Natives in Central India',JRAS I3,
i (1844), 29-47 for a sampling.
85 ... it may be conjectured that many persons, deprived by the declension of the
Mohammedan power of their wonted resources, were tempted to recourse to criminal
courses to get their subsistence'. Sherwood, 'Observations Regarding Badheks and
Th'egs', p. 271.
90 Cf. Aurangzeb's farman of I672, 'A copy of farman with preface of justice
containing thirty-three sections', ordering punishment for a strangler who was
'habituated to this misdeed ... or is notorious among people for this misdeed and the
Nazim of the Subah knows about it or vestiges of strangulation and property of people
are found with him. .. .' Mirat-i-Ahmadi[A Persian History of Gujerat], Muhammad
Khan, transl. (M. F. Lokhandwala, Oriental Institute, Baroda, i965), p. 249.
91 Meadows Taylor for instance, asserts at one point that the system of
thuggee
was unsuspected by the people of India, but a couple of pages later he says that
landholders and chiefs of villages had had connections with thugs for generations.
Introduction to Confessionsof a Thug,pp. i, 3.
92 C. E. Trevelyan, 'The Thugs or Secret Murderers of India', TheEdinburgh Review
LXIV (1837), 357-95. Cf. alsoJ. Paton, BM, Addnl Ms 4I300, p. 278.
93 Of the Badhaks, Paton, Assistant Resident, Lucknow
argued that 'being from
their mode of promiscuous eating "Sear Khowas" outcastes from the other classes of
Indian society', they could not mingle with them and this bound them to each other
and to robbery. Memo byJ. Paton to Caulfield, Actg Resident, 25 Jan. I840, Foreign
Political, A, 9 March I840, no. I22, NAI. Criteria such as dietary habits and a
wandering way of life were deployed to lump diverse groups into one social category,
as for instance under the term 'Badhak'. Shakespear, Police Superintendent for the
Western provinces, classified as 'tribes ofjackal eaters' the groups known as Badhaks,
Kanjar, Gidia, Bauria, and Harbura, because all 'subsist by robbing and are more or
less attached to a vagrant life, eating the flesh ofjackals, lizards, &c'. The putting of
diverse groups with different traditions under arbitrary categories could, however,
create problems of consistency. For instance: 'The Badheks of Aligarh and the Shigal
Khors of Gorakhpur are outcasts of Muslims and Hindus-however the majority are
Rajputs.' Shakespear, i8i6, 'Observations Regarding Badheks and T'hegs', pp.
282-3.
I argue that it was not only the strength of local government or the
pressure for cash resources which sent marauders out on the roads,
but also the constriction of 'service' as the system of 'subsidiary
alliance' was extended and various sorts of military retinues were
disbanded. This explains the reports about bands of phansigarsor
thugs which surfaced from other regions in other episodes of British
expansion.
Secondly, Gordon's acceptance of thuggee as a hereditary occupa-
tion has to be qualified. Many depositions, even of thugs from Malwa,
reveal that some individuals had drifted into these bands; some did
not go on an expedition for several years, but cultivated lands in the
interval or took to other occupations.102Though a landed patron
usually hovered in the background, yet some bands also seem to have
taken shape from the bazaar 'riff-raff, those who came to the towns in
search of service.103
I would also qualify Gordon's conclusion that thugs 'took to the
road not just in search of any traveller, but specifically looking for
bankers' agents, treasure rich traders, wealthy mercenary soldiers and
pilgrims.'104The accounts given by confessing thugs of the murders
committed on their wanderings support the conclusion reached by
the British regarded as peculiar to the thugs were in fact common to many criminal
bands. But it can be argued that these could be common to military contingents or
mercenary bands as well.
102 Cf. Ramaseeana,
Appendix X, pp. 288, 397, 41 i, for the depositions of some
prisoners arrested at Dekola in I829. Amanoolah had been connected with the
Phansigarsfor two years, Khaimraj had joined the gang only in the previous year,
Poorun said his father had been a cultivator, and he had joined at the age of thirty but
had not accompanied the gang on every expedition, but cultivated land at intervals.
In his autobiography, Lutfullah, who became a Persian munshi, recounts an incident
in which he encountered a Muslim thug, Juma, on the road to Gohad. Juma invited
him to join his band, 'telling me that he had already found I was no more than a
mercenary like himself, and even, in my young days, had no friend in the world'.
Autobiography of Lutfullah(ist edn, 1857, with an introduction by S. A. I. Tirmizi,
International Writers' Emporium, New Delhi, 1985), p. 75.
103 BC F/774/I824-25, IOL, for the deposition of Heera Ahir, before the Resident
at the court of Holkar, 29 May 8I 9; 'forced by hunger' he had left his village to come
to the town of Gwalior where Ram Din, who had a gang of 20 thugs, had taken him
into service. Cf. Ramaseeana,pp. 34-7 for an account of a linen draper of Hingolee
cantonment who had engaged in thuggee on the roads, and knew other thugs living in
that city; Ramaseeana,Appendix T, for the discovery in 1823 of thugs living in the
bazaar ofJalnah who had been selling items of plunder in the town. Cf. Sahib Khan's
disapproving reference to one Muder Khan, who had built up a gang of fifty thugs
'weavers, braziers, bracelet-makers and all kinds of ragamuffins' in Bruce, The
Stranglers,p. 69.
104Gordon, 'Scarf and Sword', p. 407. Cf. Nigam, 'A Social History of a Colonial
Stereotype', p. 25 for a similar position.
British officials, that they were willing to murder even for small pick-
ings;105not, however, because of some ritualistic blood lust,'06 but
because long months on the road could mean literally living from one
murder to another and being able to go home only if richer haul came
their way.'07 Off and on officials were also perplexed by the 'unex-
plained' murders of beggars and attributed it to a category of thugs
who kidnapped the children of the poor for sale. But the poor can prey
off the poor too.
i. Legal impediments?
One of the stock arguments of the thuggee campaign was that the
existing legal arrangements in the regulation provinces could not deal
with the phenomenon of the criminal community. From about I8Io,
when reports were made in the North Western provinces of roving
gangs who strangled travellers, officials had sometimes complained
about the difficulty of finding enough evidence to secure conviction for
a specific act of murder. There were no eye-witnesses, for everyone in
the party was murdered. Circumstantial evidence was elusive because
the deed was done by stealth. And, given the hazards of long-distance
'05 '... the most trifling sum is an inducement to commit murder.' Magistrate
Chittoor to SecyJudl Dept, I July 1812, Ramaseeana, Appendix U, p. 309, 'The booty
... is often so trifling-sometimes not exceeding one rupee, or the clothes on the
person's body-that it appears as if the P'hansigars,found a delight and a pastime in
such deeds of blood.' Stevenson, 'Account of the P'hansigars',JRAS, vol. I.
06 This was the explanation given by a grandson of Sleeman, J. L. Sleeman, Thug
ora Million Murders(London, I933), p. 5.
107 Cf. Ramaseeana, Appendix T, pp. 278-82, for a list of articles found with a gang
of thugs operating between Jalna and Aurungabad who were apprehended in I823.
These goods are sometimes the most ordinary articles of daily use, pots and pans and
clothes. Among the victims whom the thugs listed were a Bairagi (a religious mendi-
cant) some mendicant Brahmins, and a barber, whose instruments were found among
the haul. Cf. Ramaseeana, Appendix X, pp. 389-9o, deposition of Amanoolah, for the
murder of a Mullah (a scholar), a Bairagi,and a barber. Ramaseeana, p. 399, deposition
of Khaimraj, for the murder of 4 rasdharis(strolling actors). Paton, examining some
thug approvers at Lucknow, asked if they would murder for a rupee. Allaya denied
this, Dhoosoo said judiciously: 'if we expected a share of 8 annas each we would
murder him', and later again says that they would not murder for a very small sum,
'unless indeed we were hard pressed for subsistence . .' J. Paton, BM, Addl Ms,
41300, pp. 17, I48.
travel, relatives accepted that the traveller was only too likely to meet
with misfortune.'08
Magistrates therefore built their cases by tapping the same source
which the Thuggee Department used more extensively later: the
evidence of the accomplice who, on the promise of leniency or a
pardon, turned 'approver'.109
Often the failure of a prosecution attributed to a judge's refusal to
'believe' in the existence of thuggee was actually a problem of the
paucity of circumstantial evidence to support the confession of an
accomplice."? In the trial of cases of dacoity in early nineteenth-
century Bengal there had been a somewhat similar controversy about
the use of the evidence of informers, goindas, who operated in the
twilight world between policing and criminality."'
Magistrates also complained that rules of evidence in Islamic law
obstructed prosecution; for instance, that the evidence of an accom-
plice or of a person convicted of a heinous crime was not considered
'worthy of credit'."' But the testimony of accomplices was certainly
admitted in British courts, whatever the ruling of the Muslim Law
officers as to its weight. The provision against accepting the evidence
108 Unless somebody very important had been murdered or substantial sums of
money lost, those connected with the victims usually thought they had no hope of
discovering which particular sort of calamity had overtaken the traveller and had
much to fear from visits to distant courts and constant attendance on the police.
109Cf. Thornton, Illustrations,pp. 275, 286-7, 314-15 for the proceedings of various
magistrates on thuggee cases between 1809 and I814, and the use of pardons to
obtain evidence. The accomplice was to receive a pardon after he had given his
evidence on oath before the Sessions judge. A pardon was not supposed to be
extended to anyone very prominent in the crime or to the leader of a dacoit or thug
gang. Reg. io, 1824, and Reg. i, I829. In 1836 Sleeman suggested that this qualifica-
tion be suspended because the gang leaders were more dependable and had more
information. W. H. Sleeman to W. H. Macnaghten, Secy, 27 May 1838, Home Dept,
1838, T&D Cons B.2, no. 13.
110In the rules of evidence in the regulation provinces the accomplice who con-
fessed and pointed out the place of concealment of the body was only held to have
proved his own participation in the act. If his evidence was not supported by other
circumstantial evidence it was considered insufficient to prove the guilt of those he
named as his accomplices.
11 Cf. H. St. George Tucker, for an I815 memorandum criticizing the use of
goindas,stressing the danger of'the licensed freebooter who acts under the sanction of
the law.' Memorialsof IndianGovernment, J. W. Kaye (ed.) (London, I853).
112 Sherwood complained of the difficulties of 'the Mohammedan criminal law;
which admitting not the testimony of accomplices, and rarely the sufficiency of strong
circumstancial evidence unless confirmed by the confession of the culprits, their
adherence to their protestations of innocence has alone, but too frequently, exempted
them from punishment', Ramaseeana,Appendix U, p. 352. It was not very clear
whether the position in Islamic law was that the evidence of accomplices was not
admissible at all or whether it was not to be given any weight by the judge.
120 For
instance, in 1828 the Superintendent of Police for the Western Provinces
submitted a draft of an Act to punish vagrants apprehended with poison and other
articles in their possession, 'which may excite suspicion that they are thugs by
profession'. The draft also suggested a fixed term of 7 years for suspicion of being a
thug (i.e. as deduced from the articles in possession). SP, WP to SecyJudl Dept, 19
Feb. 1828, Bengal (Criminal) Judicial Proceedings (hereafter BCJ), P/I39/I3, 6
March 1828, IOL. However, the Nizamat Adalat rejected this proposition, one of its
judges holding that it would introduce 'legalised oppression by the police' and
another arguing that 'thuggee' was not a sufficiently precise term and that it would be
difficult to distinguish which articles were used for criminal purposes. Register,
Nizamat Adalat (hereafter Regr, NA), to Offg Chief Secy Judl Dept, 2 May 1828,
BCJ P/139/15, 22 May 1828, no. 5, IOL.
121 Lt Moodie, Assistant
Agent Bundelkhand, to Secy, Swinton, 3 Feb. 1824, no.
44, PP. 22-39, BC F/4/984, 1828-29, IOL. Forwarding his letter to the government,
the Agent, Majoribanks wrote: 'I apprehend the circumstances of the case as reported
by Lieutenant Moodie under the existing regulations of Government are not such as
would justify a permanent sentence of imprisonment against them.' BC F/4/984,
1828-29, IOL.
122 Ibid.
that the Badhaks were not only suspicious characters but were known
to be 'professed dacoits who lived wholly by plunder.'123 However, the
second judge of the court argued that it was not possible that all
members of the tribe were engaged in thieving, that there were other
groups who were reputed to be robbers but were not all so. The
Badhaks were not more famous than any other class of thieves protec-
ted by zamindars and if they were removed some other bandits could
take their place. He argued that the law should also control the Rajas
who sheltered them. He also pointed out that it would be difficult to
define a Badhak and that the criteria for punishment ought only to be
right or wrong: 'where are the confines-there can be none but what
justice and morality have prescribed through ages, the boundaries of
guilt and innocence.'124
In other words, this judge defended the use of laws which addressed
specific acts of criminality and were universally applicable rather than
those defining 'social states' of criminality. If community was made
the basis of criminality, where would the line be drawn? He also
seemed to suggest that such special laws put a whole community
outside the state-subject relationship defined by the 'protection' of
law. 'The Caste of our subjects called Budheks are entitled to our
protection on the footing of other subjects. ... We must deal with
justice to a Budhek if it be only for the preservation of principle and to
give us the right to expect justice from a Budhek.'125
Although no regulation directed against a particular 'tribe' was
123
Ross, third Judge Bareilly, Court of Circuit (hereafter CC), to Judge, Bareilly
CC, 21 April I816, BC F/4/58I, 1819-20, IOL, pp. 39-47. In 1822, called upon to
explain the increase in dacoities in Gorakhpur, the magistrate of Gorakhpur sug-
gested that 'military punishment' such as that carried out against the Pindaris ought
to be carried out against the 'Seah murwahs' (categorized as Badhaks) of the
neighbouring districts of Balrampur and Atroula in Awadh. In addition a regulation
ought to authorize the Magistrates or the Courts of Circuit to sentence any 'Seah
Murwah' found in parties, armed or not, within British boundaries, to a term of
confinement. R. M. Bird, Magt Gorakhpur to H. T. Prinsep, Actg Chief Secy, 1
April I822, Reporton Budhuk Decoits, pp. 13-14.
124 Second Judge Bareilly CC to Regr NA, 27 April I816, BC F/4/58I, 81I9-20,
PP. 24-33, IOL.
125 Ibid. This judge suggested that all dacoits could be deported to special dacoity
villages on wasteland to serve a period of compulsory labour as part of the sentence on
the lines of the punishment of transportation in England. But this was to follow from a
regular trial and a fixed term of sentence, ibid., pp. 33-7. The senior judge opposed
any new measures, arguing that the powers of the magistrate to confine until security
was given were adequate. British administration would make the Badhaks as 'peace-
able and industrious' as other natives, SeniorJudge Bareilly CC, i March I816, ibid.,
pp. 33-7. The Nizamat Adalat concurred with the suggestion that the Raja and
Thakur be made to establish the Badhaks as cultivators.
2. Policing
But the basic problem was that of finding the means to distinguish
the thug from the ordinary traveller. Items like a rumal,scarf, a dhoti,a
wrap, a cord, even a knife or a sword were likely to be found on the
most innocuous travellers, and certain opiates and chemicals which
could be used to poison or drug a fellow traveller were also those in
common use as a medicine, an addiction, or as substances used by
craftsmen.'31Another problem was that of preventing the police, and
the informers or approvers sometimes posted with them, from harass-
ing travellers and extorting money from them on the threat of sending
them up to the magistrate.
The lack of coordination between magistrates in assembling infor-
mation about suspected thugs, 'wandering' tribes, or suspicious
'bands' and in compiling evidence for prosecutions was also cited as a
handicap. There were stray suggestions even before the i83os that
information about thug gangs should be circulated among other
magistrates,'32or coordinated through the Sessions Judges or through
the Superintendent of Police for the Western Provinces.133The aboli-
tion of this last post in 1829 removed one central office for directing
police operations, a fact which F. C. Smith cited to press his case for
posting a thuggee superintendent to the regulation districts of the
Doab.134
Secy, 31 May 1814, BCJ P/I3I/14, 5 July 1814, no. 32, IOL, for earlier suggestions.
In 182i a regulation was passed for action on suspicious travellers but remained a
dead letter. Reg. 3, s. 7, 1821.
131 In practice, however, the police did occasionally send up travellers to the
magistrate for being in possession of poisonous substances and the magistrate
sometimes demanded security for good behaviour on suspicion of thuggee. Cf.
abstract calendar of persons detained in custody by the magistrate until they
furnished security, whose cases were examined by the Court of Circuit in I828. This
included three cases of persons ordered to give security of 50 rupees or face confine-
ment of one year for having in their possession small quantities of poisonous sub-
stances. All of them were released by the sessions judge with the remark that the
grounds for requiring security were inadequate. They had been kept in confinement
for periods between three to eleven months before this review. Regr NA to Chief Secy
to Govt, i8 April, no. 6, BCJ P/I39/5, 8 May 1828, IOL.
132Cf. G. Stockwell, Magistrate Etawah to J. Waunchope, Magistrate
Bundelkhand 14 Oct., in Thornton, Illustrations,pp. 314-I5.
'33ActgAssistant Magt, Farukhabad, to Magt, Farukhabad, 12 March I8IO, Pre-
Mutiny, Saharanpur collectorate, Judicial letters from government, I8IO-I2, vol.
177, Regional State Archives, Allahabad (hereafter RAA). J. Shakespear, SP, WP to
Magistrates (nd) asking them to take measures to detect murders committed by
'persons calling themselves Byragees who inveigle pilgrims and others and having
administered narcotic drugs plunder and leave them on the high roads.' Basta 4,
series II, no. 28, 1812-17, RAA.
'34 F. C. Smith, AGG, SNT to W. H. Macnaghten, Secy, 26 June 1833, Home
Dept, T&D, List I, Cons B.2.
3. Thuggeeas 'mystery'
A gang kept in jail without trial because the evidence was con-
sidered insufficient was now put on trial by F. C. Smith and convicted
on the evidence of eight of them who had turned approver.'51
Sleeman was appointed Superintendent of thuggee operations
under F. C. Smith who, in his judicial capacity as Commissioner,
tried thugs seized from neighbouring Indian states and from British
territory. The residents of Hyderabad,'52 Lucknow,'53 and Indore
began to hold trials, too, as the cases accumulated.
However, some British residents protested against the strain which
the intrusion of thug-hunting detachments put on the relationship
between the Indian state and the paramount power.'54 They also
referred to the unease caused by arrests made at the direction of
approvers, and by the taking of prisoners to trial at a distant court
without giving them any opportunity to offer a preliminary defence.'55
The Thuggee Department defended these measures by pointing out
that Indian princes and chiefs did not refuse their protection, sharan,
even to known plunderers, due to a 'besotted and ignorant point of
honour';'56 that they would often just mulct such gangs and release
them, instead of executing them for their crimes of blood.'57
It is significant that the Court of Directors sanctioned these opera-
tions as necessary only in recently acquired territory or in the 'native
states':
The enormities of the Thugs are mostly committed in our newly acquired
possessions, or in the Territories of the Native Chiefs of Bundelkhand,
Malwa and Rajpootana. The supineness or connivance of those Chiefs,
prevents them from adopting any effectual means of repression, and enables
Sagar and Narbada Territory on the same principle as the trial of the thugs caught by
Borthwick. G. W. Swinton, Chief Secy Pol. Dept to F. C. Smith, AGG, SNT, 4 Aug.
1830, Selected Records, CP Secretariat, 1829-32, Mss Eur Di I88, IOL. Cf. also F. C.
Smith to H. Prinsep, Secy Pol. Dept, 19 Nov. I830 arguing along the same lines, ibid.,
PP. 77-8. 151 F. C. Smith to H. Prinsep, 19 Nov. 1830, ibid., pp. 77-85.
152W. H. Macnaghten, Secy to G. Swinton, Chief Secy, 25 June 1832, Mss Eur
Di I88, p. 147, IOL. 153
Ramaseeana, Appendix A, n.
'54 R. Cavendish, Resident Gwalior to W. H. Macnaghten, 17 May 1832, Mss Eur
Di 88, pp. I45, 146, IOL. A. Lockett, AGG, Rajputana Agency to W. H.
Macnaghten, 23 July 1832, ibid.
'55G.T. Lushington, Political agent, Bharatpur, to AGG, SNT, 13 June 1832 and
to Colonel A. Lockett, AGG, Ajmer, June 1832, Mss Eur DI I88, pp. 152-60, IOL.
156 F. C. Smith to Chief
Secy, 20 June I832, CLWCB, II, p. 842. Cf. also W. H.
Sleeman to Captain Benson on the prejudice of Hindus 'common to all natives in a
rude state of society, in surrendering a murderer who has once sought their protec-
tion', 22 Nov. 1832, ibid., p. 948.
157 F. C. Smith to G. Swinton, 5 July I830 in Bruce, The Stranglers,p. 79. F. C.
Smith to W. H. Macnaghten, 29 May 1832, Mss Eur DI I88, p. I33, IOL.
though some taluqdars were willing to assist, their authority did not reach to villages
held on military and other rent free tenures. The Patels, headmen, of these villages
would not attend to orders, or would shut the gates of the village against thug-
pursuing parties. Captain Malcolm to Captain Reynolds, Supdt, Deccan, received by
W. H. Sleeman, 23 Nov. I840, in W. H. Sleeman, Reporton theDepredations Committed
by the ThugGangsof Upperand CentralIndia,from the ColdSeasonof 1836-37, downto their
GradualSuppression, undertheOperationsof theMeasuresAdoptedagainstthemby theSupreme
Government in the Yeari839 (Calcutta, 1840), p. xxi.
162
Foreign Political Progs, 23 Nov. I840, nos 21-2, in P. S. Mukharya, The
Administration of LordAucklandin India, i836-42 (Calcutta, 1979) (Bhats,bards).
163 W. H. Sleeman to Captain Graham, 8 Feb. 1839, Home Dept, T&D, Cons G.8,
July I838-April 1839, letter 2505. Cf. Meadows Taylor, TheStoryof My Life (new edn,
Edinburgh and London, 1882), p. 72 for a similar situation of'indiscipline' within the
Nizam's levies.
164 It was only in 1835 when the Sagar and Narbada territories were merged into
the Presidency of Agra that its revenue and judicial arrangements came under the
supervision of the Board of Revenue and the Sadar Adalat.
165 W. H.
Macnaghten, Secy, to Low Resident, Lucknow, and Macnaghten to F.
C. Smith, AGG, 23 Feb. 1838, J. Paton, BM Addl Mss, 41300, pp. 352-3. Cf. Court of
Directors to Bengal Government, India, Pol. Dept, Misc. 21 Feb. 1838, no. 13, pp.
974-8, expressing an unease that a political officer could inflict capital punishment
without revision or appeal. BC II/4/753, IOL.
166 W. H. Sleeman
toJ. G. Lumsden, Secy,Judl dept, Bombay, Nov. I85o, Home
Dept, T&D, List I, Cons B.2.
2. andprosecution
'Knowledge'
'77 Cf. F. C. Smith, AGG, SNT, to G. Swinton, ChiefSecy, Pol. Dept, no. I158, 26
May i832, regarding the arrest of two artillery men in the service of the Rajah of
Bejanur. He recommended that they should not be released for a long time, if ever,
because their father was a convicted thug, and their uncle a notorious one whose two
sons had been punished for thuggee. Mss Eur DI i88, IOL. Low, resident at Lucknow
said he sought information of the family and marriage relationships of thugs as part of
the collateral evidence which could be presented against a prisoner. J. Low to
W. H. Macnaghten, I Nov. 1838, J. Paton, BM, Addl Mss 41300, p. 348. W. H.
Macnaghten to Resident, Hyderabad, i8 Aug. 1833, Home Dept, T&D, 1833, Cons
D.I, no. 3, p. 264.
178F. C. Smith stressed the impossibility of reclaiming boys who were sons of
thugs. F. C. Smith to Prinsep, Secy, Judl Dept, 19 Nov. 1830, Mss Eur DI I88, pp.
91-2, IOL. Some boys apprehended with a gang were kept in confinement for
inability to provide 'security for good behaviour'. Others were kept in confinement
with their fathers who had turned approver and a thug 'colony' grew up around
Jabbalpur and Lucknow.
179Swinton, ChiefSecy, to Resident Indore, 23 Oct. 1829, Ramaseeana, p. 381.
180 Ibid., pp. 381-3. It was argued that thug approvers should not be pardoned on
the same terms as other accomplices who turned 'king's evidence'. Instead they
should be drawn into service to detect thugs, and be kept under surveillance. F. C.
Smith to Prinsep, Secy, Judl Dept, 19 Nov. 1830, Mss Eur Di i88, pp. 91-2, IOL.
The striking feature about these trials held under the aegis of the
Political Department was that there was no such offence of 'being a
thug by profession' in the Bengal regulations. More broadly the pro-
cedures of arrest in the non-regulation provinces were characterized
by a cutting of corners; and in the trials a greater weight was conceded
to the evidence of approvers.195
A letter from the Court of Directors, of 28 November 1832, shows
they had been left far behind the pace of developments. They instruc-
ted that no person should be convicted on the mere evidence of
accomplices unless confirmed by circumstantial evidence; and also
that no person should be convicted 'merely for being reputed a thug or
being in the company of thugs, without satisfactory evidence bringing
home ... individually, a participation in some specific offence.'196In
fact the dynamics of thuggee operations generated in the non-regula-
tion provinces were now to leave their impress on the regulation areas
as well.
ment. The Thuggee Department wanted to keep thug trials out of the
jurisdiction of the Nizamat Adalat-but ultimately the government
preferred to introduce certain legal changes to the regulation prov-
inces rather than to institute a judicial 'dualism' of this order.
Tension arose over arrests made by thuggee detachments in areas
under the jurisdiction of the district magistrate. The other contentious
issue was whether the prisoners were to be taken to Sagar for trial or
whether the session court for the area in which the crime was commit-
ted should try the case.
F. C. Smith and Sleeman pressed their case for special jurisdiction
by arguing that thugs must not be allowed to find refuge in the 'land
of rules and regulations' and that thuggee was in fact as prevalent
within British territory as outside it.'98 Secondly, they cited certain
weaknesses of policing in the regulation districts-the local nature of
the magistrate's jurisdiction, with coordination further impaired by
abolition in 1829 of the post of Superintendent of Police for the
Western provinces.'99
Their central argument was that the existing tribunals, and the
regulations by which they functioned, were fundamentally unsuitable
for the trial of thuggee cases. Special tribunals were needed, wrote
F. C. Smith, because:
The Thugs ... are Citizensof India and not of any particulardivision... no
Courtconstitutedaccordingto the regulations,can eitherclaim a sufficient
Jurisdictionto try themfortheirentirecrimesin expeditionsof so extensivea
range,norobtainevidencesufficientto satisfyJusticecrippledby the techni-
cality of law and that law the Koran.200
He argued that the principle expressed in Swinton's letter of 23
October 1829, that thugs should be tried by whatever authority seized
them, should be applied to the regulation provinces as well. Either a
special court presided over by one judge and responsible solely to
government should be constituted or the Sagar authorities should try
all thugs arrested by them.20'
Stockwell, the Commissioner of Allahabad division and a
198 W. H. Sleeman to Captain Benson, 22 Nov. 1832, CLWCB, II, p. 947. F. C.
Smith to Chief Secy, 20 June 1832, ibid., p. 839.
199 F. C. Smith to W. H.
Macnaghten, Secy, 26 June 1833, Home Dept, 1833,
T&D, Cons B.2.
200
F. C. Smith, AGG, SNT to W. H. Macnaghten, 26 June 1833, Home Dept,
T&D, Cons B.2, no. 4.
201 Ibid. Sleeman
suggested a special Commissioner of police in the Western Prov-
inces with 'paramount authority over all magistrates and other judicial authorities in
what may properly be termed international police', to be vested with authority to try
Cons B.2, no. 24, and A. Remington, SJ, Dharwar, to Regr, Sadar Faujdari Adalat,
Bombay, 15 May 1851, Home Dept, I854, T&D, Cons B.I, no. 6. Cf. also Home
Dept, I859, T&D, Cons B.2, no. 27, for a long controversy between Hume, Magt
Etawah, and Major C. Hervey, Offg Genl Supdt, on the reliability of the approver's
evidence presented by the T&D Department.
218 Instructions with reference to Acts XVIII and XIX of 1837 by the GG in C,
Legislative Dept, 19 June I837, no. I6, Law progs, May-June I837, NAI. 'Nothing
short of a sentence pronounced by a Court ofJustice and recorded on the Proceedings
of that Court can be sufficient ground for detaining any person in perpetual imprison-
ment.' Ibid.
219 Ibid.
220
Cf. Ramaseeana, pp. 38-9, table showing number of acquittals to commitments.
Also figures of acquittals to commitments given by J. Hutton, A PopularAccountof the
ThugandDacoit (1857), in J. L. Sleeman, Thugor a Million Murders,p. 238.
221 W. H. Sleeman, to H. Torrins, Dept, Secy, 20 Dec. 1838, letter No. 2259, Home
Sleeman had always known how to buttress his demands for addi-
tional posts and police detachments with claims to past success and
promises of swift success to follow.222In 1838 dacoity operations were
added to the Thuggee Department and by 1839 Sleeman was claiming
that the 'old' thug gangs had dispersed and that thuggee 'as an
organised system' had been destroyed.223
However, Sleeman's claims to 'success' may also have sprung from
his evaluation of future strategies for policing suspect communities.
Two issues engendered reflection on the future course of action. In the
first place the prosecution and trial of various mendicant bands and
peripatetic communities on the charge of practising thuggee was prov-
ing very difficult and causing serious embarrassment to the Depart-
ment. Sleeman began to consider a range of other, more flexible
strategies for policing such communities. The second issue was that of
the extent to which the government was to commit itself to isolating
'criminal communities' and 'reclaiming' them for a 'settled' way of
life.
The success with which the Thuggee Department had used
approver's evidence to convict bands operating in Central India had
encouraged thuggee assistants to sweep up various bands of religious
mendicants in the belief that they, too, would be found guilty of
systematic highway murder. Reports were sent in about the 'dis-
covery' of Tin Nami thugs,224Gosainand Bairagi thugs,225Jogi, Kan
Phuttieand Thoriethugs226and PandaBrahmin thugs of Cuttack.227
222
Cf. W. H. Sleeman to W. H. Macnaghten, 8 Sept. 1836, promising thuggee
could be suppressed in every part of India in three years, if the regulations were
altered, extra police sanctioned and efficient European officers appointed. Home
Dept, T&D, G.4 Sept. I836-March 1838, pp. 30-I.
223 W. H. Sleeman to H. Torrins,
Dept, Secy, 20 Dec. i838, Home, T&D, Cons
G.g, July i838-April 1839, NAI. Also W. H. Sleeman, Reporton the Depredations
Committedby the Thug Gangs, I840, intro., p. XIX. In July I840 the government
informed the Court of Directors that as organized associations thug bands had been
broken up.
224
Reynolds, Offg GS to T. H. Baber, Pol. Agent, Dharwar, 31 Dec. 1836, Home
Dept, T&D, Dec. I836-May 1837.
225 W. H. Sleeman to Lt
Birch, 27 Dec. 1837, Home Dept, T&D, G.4 Sept. 1836-
March 1838, and W. H. Sleeman to Lt Burrows, Asst GS, Dharwar, 27 March 1838,
Home Dept, T&D, Cons G.5, Sept. I836-Feb. I839.
226 W. H. Sleeman to Lt Burrows,
17 Dec. I837, Home Dept, T&D, G.4, Sept.
1836-March
227
1838, p. 83.
Capt. J. Vallancy to W. H. Sleeman, 14 Oct. 1839, W. H. Sleeman to T. H.
Maddock, Secy, Pol. Dept, 26 November 1839, Foreign Pol., 22 Jan. 1840, no. 78, pp.
408-Io, NAI.
228
W. H. Sleeman to W. H. Macnaghten, Secy, Govt of India, 3 Feb. 1838, Home
Dept, T&D, Cons G.5, Sept. i836-Feb. 1839, PIo7. 229 Ibid.
230 For details of this fiasco cf. W. H. Sleeman to Lt Burrows, Asst GS, 27 March
1838, W. H. Sleeman to Capt. P. A. Reynolds, 6 April 1838, Home Dept, T&D, Cons
G.5, Sept. i836-Feb. I839; W. H. Sleeman to Capt. Reynolds i8 July 1838, letter
1186, Home Dept, T&D, Cons G.8, July I838-April I839; W. H. Sleeman to Lt
Lumley, 30 July 1838, letter I242, ibid.
231 W. H. Sleeman to
Capt. Malcolm, Extra Asst GS, 31 March 1838, Home Dept,
T&D, Cons G.5, Sept. I836-Feb. I839.
232
W. H. Sleeman to Capt. P. A. Reynolds, 6 April 1838, ibid., pp. I2-14.
233
W. H. Sleeman to Capt. Malcolm, 22 Aug. 1838, letter 1432, Home Dept,
T&D, Cons G.8,July I838-April 1839. Comparing the approvers from these gangs to
those from the 'old hereditary Thug associations in the Dukhun and Hindustan',
Sleeman said that they had failed to give convincing evidence, ibid.
234 W. H. Sleeman to Lt W. G. Birch, Asst GS,
Bombay, 5 July 1838, Home Dept,
T&D, Cons G.5, Sept. i836-Feb. 1839, p. 216. Also W. H. Sleeman to Capt. Bur-
rows, i8Jan. 1839, ibid., p. 337.
235
W. H. Sleeman to Lt Birch, 4 April 1839, letter 2747, Home Dept, T&D, Cons
G.8, July 1838-April I839. Similarly, in the case of the wandering Banjaras Sleeman
said that though they occasionally murdered travellers, only those should be appre-
hended who were implicated in a particular crime. W. H. Sleeman to Capt. Reynolds,
21 Jan. I839, ibid. Cf. also W. H. Sleeman to Offg Secy, Govt of India, 30 Sept. I840,
saying that it was better to leave Jogi vagrants and gangs of poisoners to the local
Magistrate. Home Dept, T&D, Cons G.I i, April i84o-March I841.
236 Captain Malcolm was urged to take any opportunity to convict some of the
Jogis who had been arrested in the local courts so that people would become aware of
their 'atrocious characters'. W. H. Sleeman to Capt. Malcolm, 22 Aug. i838, Home
Dept, T&D, G.8, July I838-April 1839.
237 If a few Banjaras could be convicted for thuggee, he wrote, then the Magistrates
could be persuaded to this. W. H. Sleeman to Capt. Reynolds, 21 Jan. 1839, ibid.
238 Rambles and Recollections,pp. 592-3, n. 2.
239
Sleeman had pressed for an alteration in the regulations on the argument that
an initiated thug would always return to his trade. Therefore a prisoner shown to be a
thug 'by profession' ought to be imprisoned for life. W. H. Sleeman to W. H.
Macnaghten, 8 Sept. 1836, Home Dept, T&D, Cons G.4, Sept. I836-March 1838,
pp. 15-20. 'It must be borne in mind', wrote F. C. Smith, 'that a Thug cannot
possibly be guilty of a Solitary crime, but of numbers, because Thuggee is a profession
for life and not a casual mode [of] obtaining a livelihood'. F. C. Smith, nd, Legislative
Dept, I9June 1837, no. o1, Law Progs, May-June 1837, NAI.
240In 1839, when asked what was to be done with prisoners who had perhaps
engaged in thuggee only on a single occasion, the Officiating General Superintendent,
Reynolds, was 'rather sceptical on the subject of casual Thuggee on the part of
hereditary members of this class of criminals'. Reynolds to Lt W. T. Briggs, 20 Dec.
1836, Letter I423, Home Dept, T&D, Cons G.6, Dec. x836-May 1837. And yet a few
days later he was writing that bird catchers and bear and monkey entertainers 'are in
the habit of practising Thuggee on a small scale.' Reynolds to T. H. Baber, Pol. Agent
Dharwar, 31 Dec. 1836, Letter 1490, ibid.
To give them more would tend to bring around the Jail all their women and
children who might otherwise establish themselves with men who would
bring them up with honest industry. Now the gangs have been so much
252
Some of the prisoners swept up for thuggee boasted of their access to magical
power to discourage retributive action from rulers and chiefs. Cf. Ramaseeana, p. I55.
'A vulgar idea prevails', reported a magistrate in I810, 'that the Thugs have recourse
to sorcery to assist them in encompassing their hellish purposes'. Actg Asst Magt
Farukhabad, 12 March 81o, Saharanpur Collectorate, Judl letters from Govt, 181o-
12, vol. I77, RAA. But even James Paton, a thuggee officer of ardent Evangelical
views had to acknowledge that there were no 'direct or express' religious or supersti-
tious motives for the toleration which Indians seemed to extend to known thugs in
their midst. J. Paton, BM Addl Mss 41300, pp. I73-4.
253 C. E. Trevelyan, 'The Thugs or Secret Murderers of India', The Edinburgh
Review,vol. LXIX (Edinburgh, I837), pp. 357-95.
254 Ibid.
James Paton, a thuggee assistant, also suggested that the children of thugs
be drawn from their villages so as to 'engraft' upon them 'the delightful fruits' of
Christian instruction and virtue'. J. Paton to W. H. Sleeman, 5 Jan. 1838, Home
Dept, T&D, Cons B.2, no. I0.
I8, vol. 13I, Gorakhpur, Judl, RAA. W. H. Sleeman, Commr for suppression of
Dacoity to H. E. Tucker, Offg Magt, Gorakhpur, 27 May I845, Gorakhpur Collector-
ate, Pre-Mutiny, letters received from the GS, T&D, I844-56, Basta I3, vol. 97,
RAA. Cf. J. Paton, Asst Resident, Lucknow for an argument in favour of locating
them on wasteland. J. Paton, Addl Ms 41300, p. 408, pp. 417-20. Memo byJ. Paton,
for Colonel Caulfield, Actg Resident, Lucknow, 25 Jan. I840, Foreign Dept, Pol. (A),
9 March I840, no. 122, NAI.
262
of theEast India Company,
Kaye, Administration p. 376.