CHAPTER VII

MR. HARTLEY KENNEDY, C.S.I.

1899-1901

When Mr. Vincent left India at the end of 1898, to spend the remainder

of his days in Switzerland, he was succeeded by Mr. Hartley Kennedy of

the Bombay District Police. Mr. Kennedy took charge of the Commissioner’s

office on January 9th, 1899. Like his predecessor, he had to reckon

with the continued presence of plague, and also with the effect upon

the urban police administration of severe famine in various districts

of the Presidency. These natural disasters synchronized with a severe

slump in the Bombay textile industry, due chiefly to over-production and

the consequent glutting of the China market, which at that date absorbed

the bulk of the Bombay mill-products. According to a leading mill-owner,

the industry in 1899 was in a most critical position; nearly all the

mills were closed on three days in the week, and some had altogether

ceased working. A strike of mill-hands was threatened, which the Police

were called upon, and managed, to settle before it came to a head. The

position of affairs in 1901 was very little better.

The police were thus faced with an abnormal volume of crime resulting

from disease, starvation and unemployment. In 1899 two real dacoities

of the type common in up-country districts, perpetrated probably by

Pardesis from Northern India, occurred in the suburbs and obliged the

Commissioner to establish night-patrols of mounted and foot police in

the north of the Island. The following year witnessed a marked increase

of crime against property, resulting from high prices and unemployment.

Famine-conditions were responsible for an abnormal number of cases of

exposure of infants in 1899 and for many instances of robbery by means

of _dhatura_ poisoning in 1900. But, apart from these temporary symptoms

of economic disorder, the last decade of the nineteenth century witnessed

a steady increase of cases of all kinds under the Indian Penal Code

and miscellaneous laws. Cases under the Police Act would probably have

shown a similar upward tendency, but for the fact that prosecutions were

purposely avoided, in deference to the reluctance of the Presidency

Magistrates to convict offenders on the sole evidence of police

witnesses. It has always been difficult to find private persons willing

to appear in court and give evidence in such matters.

As in most parts of India, the number of false complaints brought to the

police was considerable, many of these cases falling within the category

of “maliciously false”. The Commissioner estimated the proportion of

false to true cases in 1900 at one in 375. The false complaint, supported

by false evidence, has been a feature of the criminal administration of

India from early days and adequately explains the reason why Europeans

have always clung so strenuously to the right, secured to them by the

criminal law, of being tried by a jury containing a majority of their

own countrymen. It is the only safeguard they possess against false

prosecution and illegal conviction. Some such protection for the European

minority is essential in a country, where the administration of justice

by Indian courts has not reached so high and detached a level as it has

in England.

The year 1901 was prolific of murders, twenty-one cases being

investigated by the police. Among the chief _causes célèbres_ was the

murder in the streets by followers of H. H. the Aga Khan of certain

Khojas belonging to the Asna Ashariya section, which had announced its

determination to secede from the main body of Khojas. The precise reason

for the murders is unknown. They may have been decided upon by one of

the factions as a protest against the constant absences of H. H. the

Aga Khan, or on the other hand may have been intended by the party

which supported His Highness as a celebration of his safe return from

abroad. Faction feeling in the community was at the time running high,

and the more fanatical of the Aga Khan’s followers were incensed with

those Khojas who were disinclined to subscribe blindly to the opinions

on communal matters held by the more conservative section. His Highness

himself, who happened to be in Europe on one of his periodical visits,

had no knowledge whatever of the murder-plot; otherwise his influence

would certainly have been directed towards restraining the fury of his

Ismailia followers. He himself was much perturbed by the tragedy and gave

Mr. Kennedy every assistance in the enquiry which followed. The three

victims were stabbed to death in the streets, almost at the moment of his

arrival, and the police found their time fully occupied in trying to calm

the passions thus aroused. The murders produced such rancour between the

Ismailia and the Asna Ashariya Khojas that, for many years afterwards,

the police were obliged to prohibit the funerals of the latter passing

through the recognized Khoja quarters to their separate grave-yard in

Mazagon. It was not until 1913 that the Commissioner found himself

justified in relaxing the more stringent precautions, owing to the

passage of time and the prevalence of a better feeling between the two

sections of Khojas. The knives, with which the murders were committed,

were preserved for many years in one of the lockers in the inner room

of the Commissioner’s office, and were handed over to the Criminal

Investigation Department as an exhibit for the museum, when that branch

was reorganized in 1910.

Most of the crime in respect of property was, as usual, committed by

Mhar and Mang robbers from the Deccan, by the Wagris or gipsy tribes, by

professional thieves and beggars from Kathiawar, and by north-country

Hindus and Pathans. Bombay has a large floating population of these

wanderers, who visit the city for criminal purposes, and, having attained

their object, travel to other parts of India, where all trace of them is

frequently lost. Among cases of special importance were the prosecutions

of two licensed dealers in arms and ammunition in 1899, a “golden

gang” or swindling case in which a respectable Indian firm was cheated

of Rs. 63,000, and which was successfully investigated by Inspector

(afterwards Superintendent) Sloane, and the conviction for sedition of

the editor of a vernacular newspaper, the _Gurakhi_, which, as an organ

of the revolutionary party in Western India, had indulged in violent

anti-British propaganda. The effect of plague and famine conditions upon

the activities of the police was apparent in the returns of recovery

of stolen property; and their normal duty of watch and ward suffered

also to some extent from the imposition of such emergent tasks as the

registration, accommodation, feeding and repatriation of a large number

of war-refugees who arrived from the Transvaal in 1899. The restrictions

upon the Haj traffic continued; but this did not absolve the police

from the task of “shepherding” large numbers of returning pilgrims—the

backwash of former pilgrimages—or of repatriating hundreds of poor and

illiterate Moslems, who, knowing nothing of the stoppage of the traffic,

arrived every year in Bombay in the hope of being allowed to embark for

Jeddah.

The total strength of the police-force remained unaltered during Mr.

Kennedy’s term of office. Including the constables attached to the

Veterinary Department, the force numbered 2118. The annual cost,

however, had increased in 1900 to Rs. 792,959, in consequence of extra

allowances and contingencies. These charges were met partly from

imperial, partly from provincial, and partly from municipal and other

revenues. The municipal contribution was recovered under section 62 of

Bombay Act III of 1888, and continued to be so till 1907, when under

the provisions of Bombay Act III of that year the Government became

responsible for the whole cost of the force. Besides the police-force

proper, the Commissioner recruited and controlled a force of 1048

Ramoshis or night-watchmen, whose wages, as previously mentioned, were

recovered from the individuals and firms employing their services. The

Ramoshis as a class were not very satisfactory; and though nominally

under the supervision of the police-officers of the division or section

in which their post lay, there was really no one to see whether they

kept awake at night and really did their duty. Had there been any proper

and comprehensive beat-system for the divisional constabulary, such as

there is in London, the existence of a Ramoshi force would have been

quite unnecessary: but the total number of police-constables was never

sufficient to admit of the introduction of such a system.

For administrative purposes, Bombay was composed in 1899 of the eleven

police divisions mentioned below, which were sub-divided into sections

or areas controlled by a “police-station”. The staff of a station

comprised usually an European inspector and sub-inspector and a number of

subordinate native officers (jemadar, havildar, naik) and constables.

+----------+-----------------------------------------------+

| Division | Sections |

+----------+-----------------------------------------------+

| A | Fort |

| B | Umarkhadi, Market, Mandvi |

| C | Bhuleshwar, Nal Bazar, Dhobi Talao |

| D | Girgaum, Khetwadi, Mahalakshmi and Walkeshwar |

| E | Byculla, Mazagon, Kamathipura |

| F | Dadar, Sewri, Matunga, Parel |

| G | Worli, Mahim |

| H and I | Harbour and Docks |

| K | Detective Branch |

| L | Reserve (Armed and unarmed) |

+----------+-----------------------------------------------+

Housing-accommodation was provided for only about one-tenth of the

force. The Head Police Office at Crawford Market, which Colonel Wilson

had so often asked for, was completed and occupied in 1899, and lines

for 120 men had been built on the western boundary of the parade-ground

adjacent to the Gokuldas Tejpal hospital. Stabling for twenty horses

of the mounted police was also built, the main body of the mounted

police being accommodated in the old Government House Bodyguard lines at

Byculla. With the exception of the 200 men or so, who occupied the old

police-lines in Byculla and the newly-erected quarters in the compound of

the Head Police Office, the whole force was living in hired rooms of an

undesirable and insanitary type in various parts of the city. The monthly

house-allowance paid to constables barely sufficed to pay the rents of

their squalid rooms, while in the case of the European officers it was

quite insufficient to secure proper accommodation. The difficulty was

acute in the A. division (Fort and Colaba), where suitable residential

accommodation was extremely limited and fetched a high rent. To anyone,

like the author of this book, who has seen the very unsuitable quarters

in which most of the European and Indian police were obliged to reside

at the beginning of the present century, it will always be a matter of

surprise that the force accomplished as much as it did and that the

death-roll among both Europeans and Indians was not far heavier. Even

the comparatively modern buildings at Bazar Gate and Paidhoni left much

to be desired in the way of reasonable space and ordinary comfort. The

occupants of the Paidhoni station, which mounts guard over a crowded

lower-class neighbourhood, possessed the additional disadvantage of an

atmosphere heavy with the smells and miasmata of an Eastern city. It says

much for the _dura ilia_ of the British soldiers recruited for the Bombay

police force that so many of them were able to live and carry on their

work in these conditions without a permanent loss of health.

The reiterated complaints of successive Commissioners had impressed upon

the Bombay Government the need for the proper housing of the force. But

their wishes were dependent upon the state of the provincial exchequer,

which after several years of plague and a series of disastrous famines

was quite unable to provide money for police-accommodation schemes. A

solution of the difficulty was, however, secured by the passing of Act IV

of 1898 (City Improvement Trust Act), under the provisions of which the

newly-constituted Trust could be called upon by the Government to build

quarters and barracks for the police in various parts of the Island.

By 1901 the Government had already formulated their first demands,

and the engineers of the Trust were preparing plans and schemes for

police stations, quarters and lines, in Colaba, Princess Street (a new

street-scheme of the Trust), Nagpada and Agripada and in other crowded

localities. These buildings took many years to complete, and some of

them in the northern suburbs had not been commenced in 1916. But the

first step towards a comprehensive solution of the grave problem of

police-accommodation was taken during Mr. Kennedy’s _régime_, when the

City Improvement Trust assumed the task which the Government with the

best will in the world, found themselves quite unable to fulfil.

Though his period of office was not long, Mr. Kennedy left his mark

upon the police administration, and there are persons still alive who

remember the energy and activity with which he tackled some of the evils

of urban life. He was a sworn foe of gambling in any form, and had barely

gripped the reins of office ere he commenced an offensive against the

bagatelle-players, the cardsharpers and the dice-gamblers of the lower

quarters. The divisional police learned to their cost that it did not pay

to wink at gaming, and that the Commissioner, working through private

agents of his own, possessed an uncomfortably accurate knowledge of what

was going on in various quarters of the city. The performances of one

of his chief informers are still within the recollection of the oldest

members of the force and of some of the superannuated gamblers of the

old B. and C. divisions. The immediate result of Mr. Kennedy’s action

was a large increase of cases under the Gambling Act, sixty prosecutions

being launched in the year 1900 alone. The effect of these prosecutions,

however, was minimised by the Magistrates’ practice of imposing merely a

fine on conviction. Such fines acted as very little deterrent to men who

dealt week by week with comparatively large sums of money. In the case of

the most inveterate gamblers a short term of imprisonment would probably

have had a more salutary effect.

Another problem, which occupied Mr. Kennedy’s attention, was that of

the beggars who infest Bombay. They comprised not only the thousands

of able-bodied religious mendicants, who form an integral feature

of Hinduism and are largely protected from official action by the

religious atmosphere surrounding them, but also the still larger class

of professional beggars of every sect, who descend on the city like

locusts from the rural districts and do not hesitate, as opportunity

occurs, to commit crime. In 1899 Mr. Kennedy raised the question of the

best method of dealing with the latter class, and pointed out that daily

prosecution, followed by the imposition of a small fine, failed entirely

to effect any amelioration of the evil. He therefore decided on more

drastic measures. In 1900 he deported 9,000 beggars to the territories

of Indian Princes and 10,000 to various districts in British India. This

wholesale expulsion caused a temporary improvement in the condition of

the streets. But such deportations, to be really effective, must be

carried on ruthlessly year by year; and methods would have to be adopted

to penalise beggars of an undesirable type, who dared to return after

deportation. Mr. Kennedy’s action was not pursued by his successors,

and the beggar-nuisance consequently continued unabated. In 1920 it

had become so intolerable that a special committee of Government and

Municipal representatives was appointed to study the problem in all its

bearings and devise measures for its solution.

In the matter of the immoral traffic in women Mr. Kennedy displayed

equal activity and achieved more success. The foreign pimp and procurer,

who swooped down at intervals upon Bombay to acquaint himself with the

demand for fresh women and to relieve the European prostitutes of their

earnings, met with no mercy at his hands. He used the provisions of the

Aliens Act freely against them, deporting 30 of them in 1900 and 37 in

1901. Officers of the detective branch were entrusted specially with the

duty of watching the European brothels, meeting the steamers of foreign

shipping-companies, and marking down every Jewish trafficker who showed

his nose in Bombay. It is only quite recently that the Indian Government,

in response to domestic and international opinion, have strengthened

the provisions of the Foreigners Act, in order to give the police in

Bombay and other large maritime cities more effective control over these

disreputable and degraded persons: and as a result of the pressure of

public opinion, endorsed by the League of Nations, the activities of the

international trafficker are more restricted and more easily controlled

than they were at the close of the nineteenth century. It is much to Mr.

Kennedy’s credit that, working with the unamended Act, he was able in

two years to secure a definite reduction in the number of professional

traffickers visiting Bombay.

He paid constant attention also to the offence of kidnapping or procuring

minor Indian girls for immoral purposes. It is well known that both Hindu

and Muhammadan recruits for the prostitutes’ profession are obtained

from among the illegitimate children of courtesans, or from among female

children adopted by prostitutes, or thirdly, by purchase from agents

who travel throughout Gujarat, Central India, Rajputana and other

districts, picking up superfluous and unwanted girls of tender age for a

small sum, sometimes as little as Rs. 5 or Rs. 6, and then selling them

at a profit to brothel-keepers in the large cities and towns. Leaving

out of consideration the custom, prevalent among Maratha Kunbis and

Mhars, of dedicating their female children to the god Khandoba, which in

practice condemns the girls to a life of prostitution, and the customs

of degraded nomadic tribes like the Kolhatis, Dombars, Harnis, Berads

and Mang Garudas, who habitually prostitute their girls, it may be said

that among the lower social strata in India female life is held very

cheap. A daughter is apt to be regarded rather as a domestic calamity,

owing largely to the heavy expense usually involved in getting her

married. Cases therefore often occur of young girls being abandoned by

their relatives, who are unable to provide the funds required for their

regular betrothal; and these little derelicts sometimes drift into

brothels, where they are fed, clothed and taught singing and dancing

until they reach puberty, when the brothel-keeper arranges to sell their

first favours for a round sum to some well-to-do libertine. Muhammadan

prostitutes, who are numerous throughout India and range from the inmate

of the low-class brothel to the wealthy courtesan, who earns a high fee

for her singing, occupies well-furnished quarters, and drives in her own

motor-car or carriage, are recruited in the same way. In one case, which

occurred a few years ago, a lower class Moplah of the Malabar coast,

having borrowed money at a high rate of interest to provide dowries for

his two elder daughters and being unable to raise any further sum for his

third daughter’s betrothal, sold her outright to a Bombay brothel-keeper

for Rs. 40. The girl was about eight years of age when she entered

the brothel, and by the age of thirteen she was helping to support

her worthless father and two young brothers out of her earnings as a

prostitute.

Mr. Kennedy also pointed out to Government that year by year “scores

of young girls,” belonging chiefly to Gujarat and Kathiawar, were

either picked off the streets by native pimps of both sexes or were, as

mentioned above, brought down from rural areas by regular traffickers and

sold to the local brothel-keepers for sums ranging from Rs. 10 to Rs. 50.

In many cases the police rescued these waifs and restored them to their

homes: but they could not make much headway against a system which had

attained such large proportions. Moreover, in addition to the difficulty

of tracing the girls’ relatives in a country like India, their task was

not rendered easier by the absence of any strong public opinion against

such practices, and by the non-existence of properly organized orphanages

and homes. In several instances girls were discovered prostituting

themselves under compulsion from a male “bully” or female brothel-keeper;

and in such cases, as well as in cases of kidnapping, every effort was

made by the police, under Mr. Kennedy’s orders, to arrest the offenders

and bring them to trial. Wherever it was impossible to secure the

conviction of an offender under the Indian Penal Code, Mr. Kennedy had

resort to the provisions of Chapter VIII of the Criminal Procedure Code.

Here he met with more success than his predecessor, who, as already

mentioned, complained that the Magistrates required evidence under that

chapter which it was extremely difficult to procure. Mr. Kennedy found in

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