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Chapter II
Land Tenure Systems in Early Kerala:
Travancore, Cochin and Malabar
Contents Page No.
Introductory Part .... .... 41-42
The Agrarian Structure in
Early Kerala
.... .... 42-47
Travancore .... .... 48-51
Tenurial System in Travancore .... .... 51-59
Land Tenure System in the
Erstwhile Cochin
.... .... 59-63
Land Tenure System
in Malabar
.... .... 63-64
Foreign Interlude into
Malabar and its Effects
.... .... 64-70
Impact of the Land Policies
in Malabar
.... .... 70-71
An Assessment of the Tenurial
System in Early Kerala
.... .... 71-74
Notes and References .... .... 75-81
41
Land Tenure Systems in Early Kerala:
Travancore, Cochin and Malabar
The modern State of Kerala which lies in the extreme south-
west of the Indian sub-continent was formed in the year 1956. Prior
to its formation, the region was divided into three territorial segments
namely, the Princely States of Travancore, Cochin and the British
Malabar. These pieces of small states in the Indian sub-continent
were amalgamated into a single state after India‟s Independence.
Accordingly, the Travancore and the Cochin states were integrated to
form the Travancore-Cochin State on 1 July 1949 during its first
phase. The British Malabar which remained under the Madras
Province, during the colonial period was united with Travancore and
Cochin as per the statutory norms of States Reorganization Act of
1956, to form the State of Kerala on 1 November 1956.
Both the former native States of Travancore and Cochin had
similar geographical and social features but these features were
dissimilar with the British Malabar. Even before Indian
Independence, Travancore and Cochin maintained a different polity
and relationship with the British. On the part of Travancore and
Cochin, they made treaties with the English East India Company and
became the subordinate allies of the British and thereby, privileged
to retain their own Rajas and their form of internal government.1
42
Malabar was annexed after the treaty of Seringapatam2 and later
became part of the Madras Presidency.
The process of social transformation in early Kerala was almost
similar to other parts of South India. But the antecedents of agrarian
expansion in the erstwhile State of Kerala were remarkably different
from the nearby regions of South India.3 The agrarian expansion in
the region had far reaching effects on the land-based social order.
The expansion in the agrarian sector necessitated the introduction of
land reforms in the region. The variations in the relationship
between the landlords and tenants in Travancore, Cochin and
Malabar also necessitated the implementation of land reforms from
the nineteenth century.
The Agrarian Structure in Early Kerala
The agrarian sector in Kerala had undergone rapid and uneven
changes from time to time. In the early society of Kerala, there was
no competition for the ownership of land. The private ownership of
land began in Kerala long before the Sangam Age. The Sangam
works allude to the existence of private property, but not to anything
like the complex jenmie system or landlordism that evolved itself in
the later years.4 The land was owned by those who tilled the soil and
nobody restricted the ryots 5 from cultivating the land they held.
When there was excess production, it was exchanged to others. The
population during that time was small and the cultivable land was
proportionately large and food grains were initially produced on
43
subsistence basis but when they produced it in excess, the surplus
grains were given to those who were not engaged in agriculture.6
In the field of land relations, the extension of the Brahmin
influence into the region paved for a new form of feudal landlord-
peasant relationship. The advent of the Brahmins led to the
construction of a large number of temples in Kerala. The early
Brahmin settlements in Kerala were centred round such temples.
The chief resources of the temples were the endowments given by the
kings and the landed aristocracy. The extensive gift of land to the
temples led to the development of an agrarian economy centred
round the temples. The Brahmin settlements were growing in Kerala
through the seven and eight centuries. Temple centred Brahmin
settlements had become well established by the ninth century with
extensive control over the fertile tracts of Kerala.7 Soon the
Brahmins emerged to the position of exploitative leadership as they
had the knowledge, institutional devices, ideology, historically
contingent cultural powers of social control and magico-religious
charisma.8 The Brahmins came to acquire the status of wealthy and
powerful landlords or jenmies. It was the domains of the Brahmins
that formed the jenmom property9 and the owners were called
jenmies.10 This ascendancy of the Brahmins led to the feudalistic
agrarian relations in Travancore.11
44
The Brahmins were placed at the highest position in the caste
hierarchy. The new Brahmin households of the period represented a
new mode of agrarian organization. It was fundamentally different
from the old holdings, which were kinship based. The new
immigrants were not cultivators but the land held by them was
cultivated by others and this led to the formation of two mutually
antagonistic classes; the landed gentry and the landless farmers in
the agrarian order, led by the Brahmins. With the agrarian
expansion under the Brahmins, the period also witnessed the
proliferation of new temples. There was no other class around the
temple and the temple was synonymous with a Brahmin settlement.
Every temple had huge wealth in land form. Because of their
settlements around the temples, the Brahmins became the dominant
elements in the society, hence all social groups came to look upon
them as direct source of strength and sustenance. Soon the temples
became the largest of the landed magnates of the time.
There was a change in the position of the cultivators with
regard to their right on the land, with the coming of the Brahmins.
The Brahmin jenmies controlled the ownership rights on the land.
The cultivators had no option but to accept this ownership rights of
the jenmies over land.12 The Brahmins were able to acquire land to
the temples and later for themselves. In course of time, the
Brahmins emerged as the largest section of land owners in the
region.
45
The colonization of the Brahmins in Kerala as well as their
hold on temples led to a new order in the society. The native people
were ready to accept the Nambudiri Brahmins13 as their landlords
and held land from them as tenants. These tenants paid the
landlord some fee called kanam as a token of their allegiance. But
with the advent of the Perumals they began to levy a simple tax on
lands for meeting the expenses. This was the origin of rajabhogam 14
or royalty or rent which became common during the later period.
The advent of the Perumals saw an era which witnessed the control
of more land under them as abandoned lands and the escheat
properties as well as those captured through the various wars they
fought. The Nambudiri chieftains also made land grants to the
Perumals. Thus the area of land under the rulers increased from day
by day and formed the nucleus of the sircar lands. Towards the close
of the Perumal period the country was parcelled out among the
several chieftains who became independent rulers of their respective
areas. This state of affairs continued till the period of Marthanda
Varma who conquered and consolidated several petty chieftains and
ruled as the supreme lord of Travancore.15 These conquests however
did not affect the rights of the Brahmin landlords. Thus, there
emerged the two types of lands in Travancore namely, sircar and
jenmom lands.
While the sircar lands belonged to the state, the jenmom lands
denotes technically to the hereditary right to free hold lands subject
46
to no state tax at all. The jenmom lands are supposed to retain their
normal condition as long as they remained under the possession of
the jenmies. The character of that jenmom tenure ceased to exist at
the moment when the land was transacted for money consideration.
In that case, the land was liable to a light tax called rajabhogam in
the case of garden lands and kanapattam16 in the case of paddy
lands. Once this light tax is imposed on a land, it continues forever,
even though the land was reclaimed by the jenmie at a later stage.
The jenmom land was regarded as the private property of the owner.
The jenmies leased their lands from a simple lease (verumpattom) to
outright sale (attiper). The most important of such tenures was the
kanappattam tenure. Kanappattam is a combination of a lease and
mortgage lease which enables the jenmie (landlord) to rent or
mortgage the land. Whether the kanappattam tenure in Travancore
was a lease or a mortgage or a combination of the two, the law has
declared that it was not redeemable, resumable or determinable
except in exceptional circumstances. In this respect it differs from
tenures of the same kind in Malabar and Cochin. It is periodically
renewable on payment of a certain percentage of the mortgage
amount.17
The early stage of the agrarian expansion in the region was
completed by the eleventh century A.D under the Brahmins and the
expansion was centred on the temples. This expansion led to the
creation of a strong hierarchical group which was both social and
47
economical. The Brahmins became the proprietors of the „ur‟ or the
village and they were called the urallor (temple trustees) and they
owned their individual holdings and also the temple holdings, such
as the Brahmaswom and Dewaswom 18 respectively.
The power and authority of the urallors gradually increased
when vast areas of fertile lands came under them. Various tenure
rights came to be created to suit their interests. By the twelfth
century A.D. the Nambudiri Jenmies had become a powerful
community in Kerala. With this new development, the mode of
customs and conventions which once regulated landlord-tenant
relations weakened. There was a gradual process of conversion of
temple lands into Brahmin lands. Since the Brahmins were the
priests, advisers, law makers and tutors of the Kings, the rulers
unquestionably favoured the trend. The kudiyans (tenants) who
accepted the land from the Brahmins had to pay rent to the
Brahmins. Some times the kudiyans on the Brahmaswom and
Dewaswom lands were subjected to rack renting (the excessive
raising of rent without any basis) eviction and other kinds of
oppression. This pattern of land ownership prevailed in almost all
parts of early Kerala, i.e., erstwhile Travancore, Cochin and Malabar.
A study and analysis of this system that existed in all the three
territorial segments of early Kerala would give a proper picture of the
Jenmie-kudiyan relationship and the twist and turns in their
relationship.
48
Travancore
The erstwhile Princely State of Travancore lies in the
southernmost region protected by natural boundaries. The southern
and western sides are bounded by the Indian Ocean and the Arabian
Sea respectively, the east, by the ranges of the high ghats, and the
northern parts being mostly covered with back-waters, rivers, and
lagoons. Thus, the position of Travancore, being unfavourable for
the march of horses and elephants that formed the important part of
the army in those days, saved it from the hands of the foreign
invaders. 19 Travancore was perhaps the only kingdom in India
which preserved its original caste, religion, customs, manners, and
institutions. Travancore was pre-eminently an agricultural country
with majority of the population depending on the land for their
livelihood. A peculiar feature of the agrarian setup of Travancore
was that the proprietors and tenants of the land lived and slept on
the same tract of land.20
Geographically, Travancore consisted of a long and narrow
strip of land - one hundred and seventy four miles in length - with a
medium breadth inland of about forty miles. This land, it was a
belief that, it was reclaimed from the sea. It stretches from south to
north and is locked in by the Arabian Sea and a high mountain wall,
the Western Ghats. Although this tract of land was small in size it
was famous for its vast stretches of paddy fields, rich forests
and mineral sands. Geographically Travancore maintained
49
distinctiveness on its history and culture. There are mountain
heights walling the state on the eastern boundary of the country
undulate to the west over the hills of dense vegetation till it reaches
the cultivated plains which skirt the back-waters and the Arabian
Sea. The numerous streams and rivers flowing through the region
made the land fertile.
Travancore was opened to contacts by sea with aliens such as
Phoenicians, Arabs, Chinese and Europeans. As a result, most of
the important towns emerged on the coast at the mouth of navigable
rivers. The fertile area of land near the coastal region formed the
village settlements. The fertile soil along with the abundant rainfall
was favourable for the cultivation of rice, spices, coconut, palms and
other crops. The various crops of the region especially, spices
attracted the traders from outside to the region. The commercial
contact with far away nations had its influence on the political and
social life of the people also. The trade connections resulted in the
entry of Christianity and Islam to the region. Christianity had firm
footing in the region from the beginning of the first century A.D. and
Islam established here long before the first Muslim Empire had been
founded in North India. Hinduism, unmistakably was the dominant
religion in the area. The native Kings who were mainly following the
Hindu religion welcomed the traders who came with different
religious background and made several land grants and conferred
trading rights on them which facilitated a brisk trade.
51
The State of Travancore had its origin in the ninth century A.D
from the petty kingdom Venad, lying to the south of modern Kollam
and stretching to Kanyakumari. The rulers of this kingdom from
whom the ruling family of the later Travancore descended claimed
their descent from the ancient Chera kings. The society was of
feudal nature, organized for war and administration. In theory the
king was all powerful but in practice he was kept in check by his
feudal nobles on the one hand and by the people or the subjects on
the other. The ruler followed a practice that the people could
approach the king directly with their demands and grievances.21
Tenurial System in Travancore
A better understanding of the land tenure system in
Travancore needs careful investigation in its origin as well as
development. The land tenure system of Travancore was similar in
some respects to those in the adjoining areas of Madurai and
Thirunelveli on the east-coast, as well as to those of the neighbouring
states of Cochin and the British Malabar, on the north. The nature
of land holdings in Malabar, Cochin and Travancore must have had
common origin and development in ancient times before Kerala was
divided into separate kingdoms ruled by independent rulers.22
The rulers of Travancore influenced the tenurial system that
developed in the region. Many of the early rulers tried to have an
effective administrative set up in the region. Among the earlier
powerful rulers of Travancore, the name of Marthanda Varma is
52
more important, who is known as the „founder of modern
Travancore.‟ Marthanda Varma (1729-1758) came to power when
the state was facing adverse circumstances. The financial position of
the state was very weak due to the long standing refractory conduct
of the feudatory chiefs. There was no proper administrative
machinery for the transaction of government business. The general
condition was that the authority of the king or ruler was no where
respected. The pillamar and the madampimar 23 exercised undue
authority over the land and thereby they had established themselves
as powerful forces in the public life of the state. The feudal elements
enjoying the patronage of the priestly class had the upper hand in
the affairs of the state.24 Marthanda Varma boldly faced the
situation with valour and sagacity with laudable firmness. He wanted
to suppress the feudal polity which was controlled by the Nair
chieftains. Through his policies of good governance, he could revive
the tradition of the ancient mother kingdom of the Cheras.
Marthanda Varma was a remarkable administrator, well-
known for his shrewd political moves and his stern measures for
consolidating his authority. His act of dedication of the state to the
deity of the great temple in Thiruvananthapuram, Sree Padmanabha
in 1750 was popularly known as Thrippadidanam. This dedication is
viewed as a method used by which the ruler declared to be only a
trustee of the lands of Sree Padmanabha, the deity. He surrendered
his sword to the deity and received it back from Him in trust. He
53
also transferred all his lands to the deity and declared that the State
is not the possession of the ruler, but the ruler is heading it as a
regent of Sree Padmanabha and used the title Sree Padmanabha
Dasa. This event was one of supreme significance. It meant the
collection of revenue from the land in the name of God and the
expenditure of the same in the interests of the people. This measure
of Marthanda Varma helped him to have complete control over the
territory of Travancore and to start his policy of administrative
reforms including land relations. This is viewed as a clear expression
of the theocratic rule in Travancore. By a series of administrative
measures Marthanda Varma gave undue privilege to the Brahmins in
the State.25 These measures of the ruler made the position of the
Brahmins in the society more powerful.26 The later rulers of
Travancore also followed this practice of using a title along with their
name. This dedication of the state to the deity and administering the
state on behalf of the deity helped the ruler to be free from the
threats of disturbances from the worshipers of Sree Padmanabha.
This sort of acquiring the status of „servant of the deity‟ made his
word quite infallible and that major changes in land tenure relations
were accomplished by the ruler.
A significant change introduced by Marthanda Varma after
assuming office was that he reorganized the land revenue
administration. The land tax which was not being collected for a
long time was re-imposed in 1739. He gave importance to the land
54
revenue administration and for the proper collection of land tax
surveys of the cultivated land was made and direct relations were
established with the cultivators.27 The survey that took place helped
the state to have a clear picture of the land and its area under
cultivation. Marthanda Varma adopted various measures for
improving agriculture by introducing a series of new agrarian
practices. Great irrigation works, roads and canals of communication
were undertaken and carried out.28 This type of modernization
activities were absent in other parts of Kerala during the period
under reference.29 Along with this, Marthanda Varma tried to control
the authority of the powerful chieftains in the region, the pillamar
and madampimar. The land revenue reforms of Marthanda Varma
were a base for the later tenurial changes in the state.
The immediate successors of Marthanda Varma were not fully
successful in continuing the momentum initiated by the ruler.
Instead, rulers like Karthika Tirunal Rama Varma (1758-1798)
entered into alliance with the English East India Company. The
weakness of the rulers always affected the smooth functioning of the
administration as well as the formation of ministries in the state.
The later ruler, Balarama Varma (1798-1810) depended mainly on
his ministers and Dewan for administration. The shifting of capital
as well as imposing more revenue collection from the people made
the ministers hostile to the people. The resentment of the people
towards this additional revenue collection had its expression from
55
people like Veluthampi, who was the karyakkar of Thalakkulam.30
Finally the situation reached the stage of the suspension of the
Dewan and Veluthampi, who took the lead in the opposition, was
appointed as the new Dewan in 1801.
During the period of the Dewanship of Veluthampi, there was a
revolt in the barracks and this forced Travancore to conclude a treaty
with the English East India Company and to become a subsidiary
ally.31 As per the treaty, Travancore had to pay a tribute of
Rs. 80,000/- annually to the Company. It is evident that this
amount has to be raised from the land. The increased influence of
the British in Travancore naturally paved the way for administrative
changes including changes in the land relations. In spite of the poor
economic position, Travancore paid the amount promptly but later
the so called interference of the Company in the internal affairs of
the state irritated the Dewan Veluthampi. Veluthampi went to the
extent of issuing a Proclamation urging the people to rally against
the British through his Kundara Proclamation.32 The British
crushed the uprising that eventually led to the suicide of Veluthampi
in 1809. With the death of Veluthampi, Travancore practically lost
its independent status. From this period onwards the British began
to concentrate more in the administration of Travancore.
Rani Gauri Lakshmi Bhai, the successor to Balarama Varma,
made an agreement with the English East India Company by which
Colonel Munroe was appointed as the British Resident in India.
56
Shortly Colonel Munroe was appointed as the Dewan also. He
reorganized the administration in the state and followed a centralized
administrative system which was in practice in the Madras
Presidency.33 The establishment of courts for the first time in
Travancore was in 1811 by Colonel Munroe and it marks a distinct
epoch in the history of legislation in the state.34 The reforms of
Colonel Munroe influenced the later political life including land
relations of Travancore. The Regency of Gaury Parvathy Bhai (1815
– 1829) and the period of the later ruler Rama Varma Swathi Tirunal
brought about major changes in the administrative fields. During
the period of the later rulers Ayilliam Tirunal (1860 -1880) and
Visakam Tirunal (1880 – 1885) significant changes took place in the
land tenure systems in Travancore. Encouragement was also given
for the growth of education in the state by introducing the English
system of education and thereby introducing new parameters in
Travancore culture. More privileges were given to the cultivators
also. The period of Sree Moolam Tirunal (1885-1924) saw the
emergence of political consciousness in the region. The inauguration
of the Legislative Council, Sree Moolam Popular Assembly in 1904,
which worked as a platform for administrative changes in the state,
is an evidence for this. Later the Regency of Maharani Sethu
Lakshmi Bhai (for Chithira Tirunal 1924 – 31) as well as the period
of Sree Chithira Tirunal Bala Rama Varma I (1931–1948) also
57
witnessed a period of progressive, constitutional, administrative and
social reforms in Travancore.
The political considerations in Travancore operated in a
different direction as far as land relations were concerned. The
rulers of Travancore tried to curtail the powers of the chieftains who
were controlling the land for several decades in the region. As a
result of this, a large part of the cultivated land came under direct
state ownership. By the end of the first decade of the nineteenth
century, the state owned lands accounted for about one half of the
cultivated land in Travancore and their share rose to eighty per cent
by the middle of the century as a result of the variety of policies
followed during the intervening period.35 The remaining twenty per
cent of the cultivated land was owned by few jenmies, enjoying them
either as free hold or under a light assessment called rajabhogam.
These jenmies were mainly Brahmins, Brahmin temples and
madampis who were the descendants of some of the old chieftains.36
The total population of Travancore in 1854 was estimated at
1.26 million and majority was depending on land for their
livelihood.37 As per the census of 1901, nearly two thirds of the
entire population (i.e., about 0.8 million) depended on land.38 The
tenants formed the bulk of the agricultural population of Travancore
towards the middle of the nineteenth century. The rights of the
tenants who were cultivating the sircar and other lands had different
tenurial patterns. The sircar lands were known as pandaravaka
58
lands with sub divisions pandaravaka pattom and pandaravaka otti.
Those who were having the pandaravaka otti lands had more rights
than the pandaravaka pattom land holders. Half of the cultivated
land in the state belonged to the pandaravaka pattom category and
the holders of these lands had no ownership rights or they did not
have the freedom to transfer the occupancy rights. The state was
considered as the jenmie and the tenants of the pandaravaka pattom
lands were to pay tax or rent to the state.
The lands other than pandaravaka were popularly called
jenmom lands. The condition of the holders of jenmom lands were in
no way better than those of the holders of the pandaravaka lands.
The jenmies of the jenmom lands harassed the tenants in many
ways.39 There was always the threat of eviction. The state was quite
alert to the interest of the cultivators and even as early as 1829, a
royal edict was promulgated directing that “in all suits of this nature
(for eviction) decided, filed or which may hereafter be preferred, the
courts maintain the established usage in the country, viz., that the
tenant should pay the jenmie his usual, ordinary and extra ordinary
dues and that the jenmie receive the same and let the tenants remain
in possession and enjoyment of the property.” 40 This edict was a
major step on the part of the ruler to protect the rights of the tenant
who cultivated the land. This edict was also an earlier step towards
the concept of social welfare of the State. The tenants mainly
consisted of lower castes and the regulation to protect their rights
59
over the land was a moral boost for them. Though the regulation of
1829 did not solve the problems faced by the tenants, it was an
attempt on the part of the rulers to encourage them in cultivating the
land. The agrarian situation in Travancore was far better than the
other neighbouring states and it was further improved by the later
progressive measures followed this regulation. The opportunities
offered by these favourable circumstances were utilized by
enterprising groups, who were earlier in unprivileged positions on
account of their inferior caste status to rise in the socio-economic
ladder.41 As cited earlier, there were common features as well as
glaring differences regarding the land tenure systems in all the
erstwhile territorial segments of Kerala. Therefore, it is worth
mentioning the nature and conditions of land tenure systems in both
Cochin and Malabar vis-à-vis those of Travancore.
Land Tenure System in the Erstwhile Cochin
Cochin, the other Princely State was the smallest political unit
in the region of Kerala. Cochin was a powerful kingdom in the years
immediately following the disintegration of the Kulasekhara Empire.
Later its power gradually weakened due to dissensions in the royal
family. Rama Varma, popularly known as Sakthan Thampuran
(1790 – 1805) was one of the prominent rulers of the region, who laid
the foundation for a centralized administrative system. There were
attempts by the state to subdue the chiefs and strengthen the State
power, but not the same extent as in Travancore. One third of the
60
cultivated land was with the state, but a considerable portion of that
was probably the private property of the Raja himself. In 1812,
Colonel Munroe who was also the British Resident for Cochin State
had initiated steps to establish control over the temple lands and
other properties of about 179 temples in the state42 during the
process of consolidating his authority.
With the coming of the British to Cochin, they embarked on
new methods of administrative system. The reform introduced by
Colonel Munroe in Cochin bears a close resemblance to those which
he introduced in Travancore. The foreigners who came to Cochin
before the British, both the Dutch and the Portuguese were
interested in improving the trade relations with Cochin. But the
British who came later wanted to have a permanent occupancy in the
region and their administrative measures were aimed at it.
As a result, forty per cent of the cultivated land and the whole
of waste lands came under the direct control of the State in Cochin.
This was termed as pandaravaka 43 or sircar and the remaining sixty
per cent was under the control of private ownership. This was
referred to as puravaka 44 or jenmom lands. These lands were under
private ownership and supposed to pay a fraction of rent collected
from the peasants to the government, termed as rajabhogam. So
long as the rajabhogam was given to the government, the state did
not interfere in the affairs of the jenmom lands. The jenmom lands in
the region were owned by the temples, Nambudiries, local chieftains
61
and a few families who were connected with the royal palace. The
conditions of the actual cultivators in the land were deplorable as the
jenmies were having unrestricted powers and the government
followed a policy of non-intervention in the jenmies-tenant relations.
The tenants had no recognized rights on the lands. In the sircar
lands, the majority of the holders were pattom cultivators as in
Travancore and they had neither ownership rights in the land they
held nor rights of transfer.
The land area of Cochin was about one fifth of Travancore.
The British demanded almost fifty percent of the state revenue for
them. This revenue for Cochin was comparatively higher than the
assessment in the British Malabar. The main division of tenants in
Cochin was into pandaravaka tenants and puravaka tenants. The
most privileged were the pandaravaka kanam tenants. There were
also pandaravaka pattom tenants who were more in number than
the pandaravaka kanam tenants. The pandaravaka pattom tenants
were to pay more revenue to the government than the other category.
They were better off in spite of high rent charged from them
comparing with the puravaka or jenmom tenants. The puravaka
tenants were to depend upon the mercy of the jenmies. The
condition of tenants who were also the agricultural labourers,
belonging to the lower castes were worse than that in Travancore.
Although slavery was abolished in Cochin in 1854, slaves continued
to be attached to their masters with semi-slave status.45
62
Among the population of Cochin during 1857, half were
engaged in agricultural activities. The number of land owners could
have been only a few thousands and they included jenmies and
holders of sircar, kanam and cognate tenures. The rest of the
agricultural population consists of tenants and agricultural
labourers. The state followed a policy of non-intervention in the
affairs of jenmies and tenants, and as a result the cultivators were in
a deplorable position. Because of the British demand for a huge
sum, there was high rate of land tax on the cultivators. Thus, even
by the end of the nineteenth century, there were no significant
improvements in the position of the tenants holding either
pandaravaka or private jenmom lands in Cochin.
The tenancy legislation that came up in Travancore had its
influence in the Cochin State also. A major breakthrough in the land
tenure relations in Cochin was initiated with the royal edict issued
by the Raja in 1863. The purpose of this edict was to prevent
eviction of kanam tenants before the completion of the term, of twelve
years.46 The twelve years rule with regard to land tenure is said to
have been fashioned upon the periodic celebration of Mamamkam 47
which was held once in twelve years. This was a system followed in
early Kerala. All tenures of land subsisted only for that period; all
transactions, appointments, contracts, and tenures had to be
renewed at the end of twelve years.48 But the royal edict was not
strictly implemented. In the absence of any machinery for
63
implementation, this edict had very little effect, although the tenants
clamoured for more reforms in the state.
Land Tenure System in Malabar.
As in the case of all the modern society, in Malabar also, land
was valued above all other forms of wealth and control of the land
became the basis of the socio-political set up. Before the British
occupation of Malabar, the land comprised of numerous petty
principalities. While tracing the history of Malabar, William Logan,
suggested that earlier Malabar was under the mighty rule of
Cheraman Perumal and after him the kingdom was divided among
his kinsfolk. Logan further observed that between the ninth century
and the arrival of the Portuguese in the late fifteenth Century A.D.
the chieftains of the nadus reigned almost unchanged in the limits of
their territory. Even during the advent of the Portuguese, as well as
the period of the invasion of the Mysore rulers, the constitution of
the Malabar society remained unchanged.49
One important aspect regarding the nature of land relations in
Malabar was that the ownership right of the jenmies and landlords
was quite different from that in other parts of the country. The land
tenure system of Malabar has been far more complex than that of the
other neighbouring states, Travancore and Cochin. Malabar had the
highest percentage of tenancy, the most complex land system and
the worst form of landlordism.50 The land tenure system here has
been more feudalistic. The jenmies in Malabar possessed absolute
64
property rights on the soil.51 The tenurial system became more
complex as large number of intermediaries existed in between the
jenmie and the actual cultivator. The state never owned or claimed
ownership of any land in Malabar except what it had acquired by
escheat, purchase or land acquisition.52
Foreign Interlude into Malabar and its Effects.
The Mysorian invasion of Kerala under Hyder Ali and Tippu
Sultan during the second half of the eighteenth century decisively
influenced the course of the later day events of the region.53 It
brought about significant changes in the political, social and
economic life of the people. Hyder Ali started the invasion of Malabar
in 1766 and after him his son Tippu Sultan followed suit. The
Mysorian attempt ended up in 1792 with the treaty of Seringapatam
(the pact made between the British and the Sultan of Mysore) by
which Tippu Sultan formally seceded Malabar to the British.54 The
conquest of Malabar by the Sultans of Mysore had its impact on the
land relations also. The Mysorian Sultans of Malabar wanted to
extract as much revenue as possible from land and for this purpose
they introduced for the first time in the Malabar region, a
comprehensive land revenue assessment.55 The policy followed by
the Mysorian rulers on land was also responsible for added
cultivation of more areas. The English East India Company annexed
Malabar in 1792 and it was made part of the Bombay Presidency.56
66
During the time of the annexation of Malabar by the English
East India Company, the state had the land tenure system initiated
by the Sultans of Mysore. The Sultans of Mysore followed a policy of
maximizing the revenue collection from the state. The cultivators
were forced to pay more amount as tax which they could not afford.
No proper assessment or land regulation was made for the purpose
of land revenue collection in the state.57 The British policy was to
encourage the peasants to maximize the production from the land in
order to collect more revenue from them. The British authorities also
wanted to reduce the personal influence of the ruling class and
transform them to be the supporters of the British rule.58 For this
purpose they recognized the rights of tenants on land. After the
annexation of Malabar, the British started leasing lands to the Rajas
of numerous principalities, who had rendered their support to the
British against the Mysore Sultan.
The tenurial system of the British in Malabar was mainly
based on certain factors like maximization of production as well as
recognizing the right of land holders, who would act as supporters of
the British rule in the region. This is evident from the minutes
which were sent to the Court of Directors of the English East India
Company by Sir Thomas Munroe.59 It is a clear evidence of the
purpose of land policy of the British in Malabar. There were various
tenures on the jenmom lands of Malabar. Some of the tenures of this
region had no similarities with other parts in Travancore or Cochin.
67
As cited earlier, the land tenure systems of Malabar were far
more complex than those of Travancore and Cochin. There has been
more feudalistic nature than the other regions. Malabar was also
marked by the existence of intermediaries between the owner of the
land and the actual cultivator. There were many sub-tenants in
between the actual jenmie and the actual tenant. There existed the
kanam-kuzhikkanam 60 tenures also. Under this category the
landlord collected money from the tenant. The tenant or kudiyan
was given the right of occupation as well as improvement of the land.
There was also the verumpattam tenure which was generally for one
year and can be for several years if it was the customary
verumpattam. Another type of mortgage with full possession existed
which was called otti.61 There existed karazhma tenures which were
generally granted for services rendered in temple. There was also a
tenure called jenmom kozhu, which had a fixed rent. The jenmies in
Malabar have been the absolute owners of the land with absolute
proprietary rights on the soil.
The occupation of Malabar by the Mysore rulers in the late
eighteenth century embittered the relations between the mopalahs 62
and the caste Hindus. Many mopalahs succeeded in shifting to their
jenmies the entire burden of the land revenue assessment which was
newly introduced. Changes in the land relations took place as a
result of the fleeing of Nairs and Nambudiries from Malabar to escape
religious persecution and forced conversion. This situation however
68
lasted only for a few years when Malabar came under the British
towards the close of the eighteenth century; the jenmies rushed back
and retained their lost lands. The Mysore rule created euphoria
among the mopalahs and the new sense of freedom which they tasted
lingered on and lent them the will to fight the system which they had
until then passively accepted. While the Portuguese intrusion to
Malabar produced a militant tradition among the mopalahs, the
invasion of the Mysore rulers prepared the ground for an outlet to
this tradition through the expression of agrarian discontent.
The British policy of land relations in Malabar offered the
jenmie the right of eviction of the peasants at will and leave the
peasant helpless. As early as the 1830‟s there was discontentment
among the cultivating mopalahs who were the most severely hit
sections of the community due to the change in land relations.
Among the population of Malabar during 1861, about two thirds
were directly dependent on the land.63 All the jenmies who were an
insignificant minority in the agricultural population enjoyed
practically every right on the land. Other than the jenmies, the
remaining agricultural population in Malabar was divided almost
equally into tenants and agricultural labourers. Among the tenants
there was a large section known as the customary tenants. The
customary tenants enjoyed fixity of tenure, and paid only very
nominal fees. Some times they paid nothing. The chief group among
the tenants was known as kanamdar. The kanamdars were
69
considered to hold land on certain rights partaking the character of
mortgage and lease, though as a matter of fact kanam originated as a
feudal tenure with rights of perpetual occupancy.
The position of the tenants in Malabar was virtually tenants-
at-will in law as well as in practice. This system continued for some
time, but by 1856 the British civil court redefined the tenancies of
the region and graded them in different divisions. The landlords
were given right to extract rent as much as they wanted from the
tenants at will. If the tenants were not able to pay the demanded
sum, the landlord was given the authority to oust them. In case of
tenants of garden land nominal compensation was given for the
improvement they made on the land and for tenants of wet land no
compensation was given. Further more, the land revenue
assessment was also high during the period. The major burden of
this high land revenue fell upon the actual cultivators. The amount
collected as land revenue was about eighty six percent of the pattom
(rent) for wet land, sixty three percent of the pattom for garden land
and thirty seven percent of the gross produce in the case of dry
lands.64 It was also said that the actual assessment rates even
exceeded these rates. During this time the price of agricultural
commodities increased and the rate of land revenue was not high
compared with the income. The land revenue collected from the
Malabar district was about one seventh of the gross produce.65 But
this hike in the price of commodities never benefited the cultivators,
70
on the other hand, jenmies demanded more rent from the actual
cultivators.
The changes in the tenancy system in Travancore and Cochin
had their influence on the tenants of Malabar regions also. Other
than this, there was an increased pressure of population on land
which ultimately led to the competition for land. The result was that
these factors led to the emergence of social tensions and clashes
between the owners of land and the actual cultivators, for example,
the mopalah riots in Malabar which culminated into the Mopalah
Rebellion in the twentieth century. Crisis did not arise all on a
sudden, but a long series of protests started in various parts of the
region. It will not be out of place here to make a reference to the
unrest in Travancore among the ryots in 1860‟s, which paved the
way for the Royal Proclamations.
Impact of the Land Policies in Malabar
The Hindu tenants were passive in their sufferings from the
landlords because of their submission to and respect for traditional
authority. But the Muslims (mopalahs) who had inherited a militant
tradition and in whom the Mysore rule had instilled a new sense of
freedom and hope could not tolerate the sufferings.66 This resulted
in a series of protests led by them which started as early as 1836
and lasted nearly a century. These tensions, fanned by communal
feeling, turned into what is called the Mopalah Rebellion in the later
years.67 On the basis of these disturbances the British authorities
71
appointed Mr. T.L. Strange, a judge of Madras, as a Special
Commissioner to enquire in to the causes of the mopalah outrages
and to suggest remedial measures. But Strange‟s recommendations
and the later actions related to land tenures were all in favour of the
landlords.68 So this only resulted in the further deterioration of the
situation of the region
Owing to the continued disturbances in the region the
government appointed Sir William Logan as Commissioner in 1881 to
enquire into the land tenure systems and tenants‟ rights. Logan
studied the situation in detail and prepared a report which stated
that the plight of the tenants is miserable due to the rack renting,
heavy renewal fees and inadequate compensation for improvement
made on the land. Logan suggested to rectify these defects in the
tenancy system and recommended for permanent occupancy
rights.69 On the basis of his recommendations, a bill was proposed
and was passed as the Malabar Compensation for Tenants
Improvement Act of 1887 and later it was modified in 1900. But
even these acts were not powerful enough to check the arbitrary
exercise of the power of eviction.
An Assessment of the Tenurial System in Early Kerala
The studies on the background of the land tenure systems in
Travancore, Cochin and the British Malabar show that the tenurial
rights on lands in this region varied with the passing of time and the
agrarian structure that evolved in this region during the pre-colonial
72
period was different from that during the colonial period. The jenmie
system of land ownership in the region was characterized by the
tremendous concentration of ownership rights of land. As a result of
both the population increase and the impact of western influence the
caste structure began to decline. The decline of caste structure had
its influence on the ownership patterns of land also. The traditional
land structure and land tenure patterns in the region point to the
direction that the private ownership rights of land were recognised.
During the early times the native states followed a policy of non
interference in the affairs of the jenmies and tenants. As a result of
this the cultivators were in a deplorable position. Land revenue was
collected from the land from the very early times. The coming of the
English East India Company made matters worse, as the rulers
began to impose more tax on land which they needed badly to satisfy
the demands of the English.
The native rulers of Travancore followed a policy of land
relations which was of a progressive nature. They tried to make an
amicable settlement between the jenmies and the tenants through
the various measures they undertook. The Proclamations were an
example to this. A major breakthrough in this context was their
policy of confirming the ownership rights of the tenant cultivator on
the land. Further, the rulers were progressive enough to see that the
tenants were not ill-treated by the jenmies. The impact of this
attitude of the monarchy could be traced to the later land regulations
73
in the state and among the democratic rulers in the later united
Kerala.
The State of Cochin also followed a similar policy like that of
Travancore. They made attempts to subdue the chiefs and
strengthen the state power, but not very severely as in Travancore.
The exorbitant demand of revenue by the British from Cochin rulers
had its impact on the agrarian sector. The condition of the
agricultural class of Cochin was worse than that of their
counterparts in Travancore due to the excessive collection of tax.
Supportive mechanisms for the effective implementation of the land
revenue reforms were absent in Cochin, although the Cochin rulers
were keen to prevent any form of unrest connected with the tenurial
system of the state.
The British Malabar followed a different system of land
relations, when compared with Travancore and Cochin. The tenurial
relation in the region was more complex than the other two nearby
regions. The Mysorian invasion of the region decisively influenced
the land relations here. The Sultans of Mysore followed the policy of
maximization of land revenue collection which was the main source
of their income. After the British annexation, they followed the policy
of maximization of revenue supported with measures for maximizing
production. Comprehensive land revenue assessments were made
by them. As part of this policy and also to fulfil their political
motives, the British followed a policy of showing undue importance
74
to the jenmies in the region. This policy gave birth to tenurial
protests in the region fanned by communal feelings. The tenurial
changes initiated and developed under the royal patronage had
profoundly influenced the socio-economic and cultural scenario of
the native state and in effect further paved the way for similar and
deeper tenurial legislations in the succeeding phase.
The overall impact of the changes that took place in the
tenurial systems in Travancore, Cochin and Malabar were different.
In the case of Travancore, there were peasant proprietors, Cochin
emerged into a tract of peasant proprietors–cum–absentee landlords
and as far as Malabar was concerned, an absolute landlordism. The
changes in the tenurial system in these regions had far reaching
effects on not only land relations but on the economic and social
change in the subsequent period. The Travancore system by all
means seems to be unique with more progressive vision of the rulers
related to land reforms. The scope of the present study therefore is
mainly concentrated in the land tenure systems in Travancore and
its impact over the region in the subsequent period.
75
Notes and References
1 Louise Onwerkerk., (ed.] Dick Kooliman, No Elephants for the
Maharaja, Social and Political Change in the Princely State of
Travancore 1921-1947, Manohar Publications, New Delhi, 1994,
p.28.
2 By the Treaty of Seringapatam (1792) Tippu Sultan formally
ceded Malabar to the British. This led to the establishment of
the British supremacy in Malabar. Seringapatam is also spelt as
Srirangapatnam. See, K.N.Panikkar, Against Lord and State,
Religion and Peasant Uprisings in Malabar: 1836-1921, Oxford
University Press, Delhi, 1992, p.75.
3 Rajan Gurukkal and M. R. Raghava Varier., Cultural History of
Kerala, Vol.I, Dept. of Cultural Publications, Trivandrum, 1999,
p. 258.
4 Sreedhara Menon A., Cultural Heritage of Kerala, D.C. Books,
Kottayam, 2008, p. 236.
5 Ryot - One who owns land and pays tax directly to government
6 Kareem C. K., „The Agrarian Relations of Kerala,‟ in Journal of
Kerala Studies, Kerala University, Trivandrum, Vol. IV,1977,
p.583.
7 Rajan Gurukkal and M. R. Raghava Varier., op.cit., p.261.
8 Ibid.
76
9 Sircar lands are lands owned by the government while jenmom
lands are lands of the Brahmins in which they had absolute
rights.
10 Madhava Row T. Sir., Memo on Kanapattam Tenure, Directorate
of State Archives, Trivandrum, Cover File, Bundle No.44,
C.15128, 1867, p.25.
11 Oommen M.A., Land Reforms and Socio-Economic Changes in
Kerala, CLS Madras, 1971, pp.13-14.
12 Gopalakrishnan P.K., Kerlathinte Samskarika Charitram,(Mal.)
The State Institute of Languages, Trivandrum , 1974, p.421.
13 The term „Nambudiri‟ as applied to Malayalee - Brahmins is a
word of respect of office and dignity, dating its origin from the
great reformer and teacher of Kerala – Sri Sankaracharya of
Kalady; For more details see, K.N Chettur, “The Nambudiri
Brahmins of Kerala,” in Social Reforms in Nineteenth Century
India, ed. by Alok Ray, Cross Roads, Calcutta, 2005, p.77.
14 Rajabhogam - Royalty: A tax or rent calculated at 1/6 or 1/8 of
the Pattom.
15 Nagam Aiya V., The Travancore State Manuel, Vol. III, Gazetteers
Dept., Govt. of Kerala, 1999, p.317.
16 Kanappattom - A kind of tenure prevalent in Travancore.
17 Velu Pillai T.K., The Travancore State Manual, Trivandrum,
1940, p. 148.
77
18 Brahmaswom - belonging to Brahmins, Dewaswom - belonging
to temples.
19 Shangoony Menon P., A History of Travancore, Government of
Kerala, Trivandrum, 1983, p. xvii.
20 Nagam Aiya.V., op.cit., p.1.
21 Louise Onwerkerk, op.cit., p. 33.
22 Nagam Aiya V., op.cit., p. 2.
23 Pillamar and Madampimar were the local names for the
feudatory chiefs.
24 Sreedhara Menon., op.cit., p.2.
25 Other than dedicating the kingdom to the deity,
Sreepadmanabha (referred to earlier), many oottupura (dining
halls) were maintained from Sircar funds for feeding Brahmins.
During the newly instituted Murajapam and Bhadradeepam
festivals, Brahmins were given donations lavishly (see the
Madras State Directory, Cochin, 1934, No. VIII, p.3)
26 Gopalakrishnan P.K., op.cit., p.341.
27 Elamkulam P.N. Kunjan Pillai., Jenmie Sampradayam Keralathil
(Mal.), D.C. Books, Kottayam, 1965, p.85.
28 Panikkar K.M., A History of Kerala, 1498-1801 A.D., Annamalai
University, Annamalainagar, 1959, p.252.
29 Ganesh K. N., Keralathinte Innelekal (Mal.), Dept. of Cultural
Publications, Govt. of Kerala, Trivandrum,1990, p.95.
78
30 For the administrative convenience, Marthanda Varma divided
the state into taluks and put them under the revenue
jurisdiction of karyakkar. Veluthampi was the karyakkar of
Talakkulam, a place at present in Kanyakumary District of
Tamil Nadu.
31 Sobhanan B., Divan Veluthampi and the British, Trivandrum,
1978, pp. 52-57.
32 At Kundra, in Central Travancore, Veluthampi issued this
Proclamation on 11 January, 1809.
33 Velu Pillai T.K, op.cit., p.37-46.
34 Nagam Aiya V., op.cit., p.546.
35 Raj K. N., forward in T. C. Varghese, Agrarian Change and
Economic Consequences: Land Tenures in Kerala, 1850-1950,
Allied Publishers, Bombay, 1970, p.x.
36 Varghese T.C., op.cit., p. 44.
37 Velu Pillai T.K, op.cit., pp. 374.
38 Census of India, 1901, Travancore, Report, p.390.
39 Varghese T.C., op.ci.t, p. 47.
40 Royal Edict of 1829, cited in the Travancore Jenmie-Kudiyan
Committee Report of 1916, Trivandrum, p.1.
41 Varghese T.C., op.cit., p. 48.
42 Krishna Menon E., (compiled) The Cochin Dewaswom Manual,
Ernakulam, 1938, Introduction para 3.
79
43 Pandaravaka – belonging to Sircar.
44 Puravaka – land other than government sort.
45 Oommen T. K., From Mobilization to Institutionalization, The
Dynamics of Agrarian Movement in Twentieth Century Kerala,
Popular Prakasan, Bombay, 1985, p. 56.
46 Cited in the Report of the Agrarian Problem Enquiry Committee of
Cochin, Chapter, 2, p.50.
47 Mamamkam – According to tradition, it was a national festival
held once in twelve years on the banks of Bharathapuzha.
48 Padmanabha Menon K.P., History of Kerala, Trivandrum, Vol. 11,
p. 385.
49 Government of Madras, 1882, Vol. I. X-XII.
50 Radhakrishan P., Peasant Struggles, Land Reforms and Social
Change - Malabar, 1836-1983, Sage Publishers, New Delhi,
1989, p.18.
51 Major Walker, Report on the Land Tenure of Malabar, 1801, p.3.
52 Oommen M.A., op.cit., pp. 28-29.
53 Radhakrishanan P., op.cit., p.43.
54 Krishnan T.V., Logante Malabar Manual, (Mal.), Mathrubhumi
Publishers, Calicut, 1985, p.523.
55 Varghese T.C, op.cit., pp. 17-18.
80
56 In 1801, Malabar was transferred to the administrative
jurisdiction of the Madras Presidency from the Bombay
Presidency.
57 Panikkar K. N., Against Lord and State- Religion and Peasant
Uprisings in Malabar 1836-1921, Oxford, Delhi, 1992, pp.18-19.
58 Kurup K. K. N., William Logan: Malabarile Karshikabandangalil
Oru Patanam, (Mal.) State Institute of Languages, Trivandrum,
1981, p.11.
59 Farmer., „Report to the Governor of Bombay Presidency in 1793‟,
cited in Innes, C. A, Malabar District Gazette, Vol.1 p. 1, 289.
60 Kanam is a kind of land tenure under which the tenant holds
land by paying a fixed sum or grain in advance or acknowledges
the ownership of landlord; Kuzhikkanam is a lease of waste land
or land which could be improved in favour of a cultivator who
has to make improvements in the land.
61 Otti is a mortgage of land.
62 Muslims of Malabar were called Mopalah.
63 The estimate of two thirds is approximate, derived from the 1891
census figures which give 62 per cent as the agricultural
population of the district.
64 William Logan., Special Commissioner’s Report, Vol. 2, Appendix
I, Chapter VII, p. 21.
81
65 Sullivan., (Collector of Madras reported in 1841) Report on the
Province of Malabar and Canara, 1841.
66 Radhakrishnan P., op. cit., p.44.
67 Oommen M.A., op.cit., p.32.
68 Panikkar K.N., op.cit., pp. 94-97.
69 William Logan., op.cit., p.21.

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Land tenure system in kerala

  • 1. Chapter II Land Tenure Systems in Early Kerala: Travancore, Cochin and Malabar Contents Page No. Introductory Part .... .... 41-42 The Agrarian Structure in Early Kerala .... .... 42-47 Travancore .... .... 48-51 Tenurial System in Travancore .... .... 51-59 Land Tenure System in the Erstwhile Cochin .... .... 59-63 Land Tenure System in Malabar .... .... 63-64 Foreign Interlude into Malabar and its Effects .... .... 64-70 Impact of the Land Policies in Malabar .... .... 70-71 An Assessment of the Tenurial System in Early Kerala .... .... 71-74 Notes and References .... .... 75-81
  • 2. 41 Land Tenure Systems in Early Kerala: Travancore, Cochin and Malabar The modern State of Kerala which lies in the extreme south- west of the Indian sub-continent was formed in the year 1956. Prior to its formation, the region was divided into three territorial segments namely, the Princely States of Travancore, Cochin and the British Malabar. These pieces of small states in the Indian sub-continent were amalgamated into a single state after India‟s Independence. Accordingly, the Travancore and the Cochin states were integrated to form the Travancore-Cochin State on 1 July 1949 during its first phase. The British Malabar which remained under the Madras Province, during the colonial period was united with Travancore and Cochin as per the statutory norms of States Reorganization Act of 1956, to form the State of Kerala on 1 November 1956. Both the former native States of Travancore and Cochin had similar geographical and social features but these features were dissimilar with the British Malabar. Even before Indian Independence, Travancore and Cochin maintained a different polity and relationship with the British. On the part of Travancore and Cochin, they made treaties with the English East India Company and became the subordinate allies of the British and thereby, privileged to retain their own Rajas and their form of internal government.1
  • 3. 42 Malabar was annexed after the treaty of Seringapatam2 and later became part of the Madras Presidency. The process of social transformation in early Kerala was almost similar to other parts of South India. But the antecedents of agrarian expansion in the erstwhile State of Kerala were remarkably different from the nearby regions of South India.3 The agrarian expansion in the region had far reaching effects on the land-based social order. The expansion in the agrarian sector necessitated the introduction of land reforms in the region. The variations in the relationship between the landlords and tenants in Travancore, Cochin and Malabar also necessitated the implementation of land reforms from the nineteenth century. The Agrarian Structure in Early Kerala The agrarian sector in Kerala had undergone rapid and uneven changes from time to time. In the early society of Kerala, there was no competition for the ownership of land. The private ownership of land began in Kerala long before the Sangam Age. The Sangam works allude to the existence of private property, but not to anything like the complex jenmie system or landlordism that evolved itself in the later years.4 The land was owned by those who tilled the soil and nobody restricted the ryots 5 from cultivating the land they held. When there was excess production, it was exchanged to others. The population during that time was small and the cultivable land was proportionately large and food grains were initially produced on
  • 4. 43 subsistence basis but when they produced it in excess, the surplus grains were given to those who were not engaged in agriculture.6 In the field of land relations, the extension of the Brahmin influence into the region paved for a new form of feudal landlord- peasant relationship. The advent of the Brahmins led to the construction of a large number of temples in Kerala. The early Brahmin settlements in Kerala were centred round such temples. The chief resources of the temples were the endowments given by the kings and the landed aristocracy. The extensive gift of land to the temples led to the development of an agrarian economy centred round the temples. The Brahmin settlements were growing in Kerala through the seven and eight centuries. Temple centred Brahmin settlements had become well established by the ninth century with extensive control over the fertile tracts of Kerala.7 Soon the Brahmins emerged to the position of exploitative leadership as they had the knowledge, institutional devices, ideology, historically contingent cultural powers of social control and magico-religious charisma.8 The Brahmins came to acquire the status of wealthy and powerful landlords or jenmies. It was the domains of the Brahmins that formed the jenmom property9 and the owners were called jenmies.10 This ascendancy of the Brahmins led to the feudalistic agrarian relations in Travancore.11
  • 5. 44 The Brahmins were placed at the highest position in the caste hierarchy. The new Brahmin households of the period represented a new mode of agrarian organization. It was fundamentally different from the old holdings, which were kinship based. The new immigrants were not cultivators but the land held by them was cultivated by others and this led to the formation of two mutually antagonistic classes; the landed gentry and the landless farmers in the agrarian order, led by the Brahmins. With the agrarian expansion under the Brahmins, the period also witnessed the proliferation of new temples. There was no other class around the temple and the temple was synonymous with a Brahmin settlement. Every temple had huge wealth in land form. Because of their settlements around the temples, the Brahmins became the dominant elements in the society, hence all social groups came to look upon them as direct source of strength and sustenance. Soon the temples became the largest of the landed magnates of the time. There was a change in the position of the cultivators with regard to their right on the land, with the coming of the Brahmins. The Brahmin jenmies controlled the ownership rights on the land. The cultivators had no option but to accept this ownership rights of the jenmies over land.12 The Brahmins were able to acquire land to the temples and later for themselves. In course of time, the Brahmins emerged as the largest section of land owners in the region.
  • 6. 45 The colonization of the Brahmins in Kerala as well as their hold on temples led to a new order in the society. The native people were ready to accept the Nambudiri Brahmins13 as their landlords and held land from them as tenants. These tenants paid the landlord some fee called kanam as a token of their allegiance. But with the advent of the Perumals they began to levy a simple tax on lands for meeting the expenses. This was the origin of rajabhogam 14 or royalty or rent which became common during the later period. The advent of the Perumals saw an era which witnessed the control of more land under them as abandoned lands and the escheat properties as well as those captured through the various wars they fought. The Nambudiri chieftains also made land grants to the Perumals. Thus the area of land under the rulers increased from day by day and formed the nucleus of the sircar lands. Towards the close of the Perumal period the country was parcelled out among the several chieftains who became independent rulers of their respective areas. This state of affairs continued till the period of Marthanda Varma who conquered and consolidated several petty chieftains and ruled as the supreme lord of Travancore.15 These conquests however did not affect the rights of the Brahmin landlords. Thus, there emerged the two types of lands in Travancore namely, sircar and jenmom lands. While the sircar lands belonged to the state, the jenmom lands denotes technically to the hereditary right to free hold lands subject
  • 7. 46 to no state tax at all. The jenmom lands are supposed to retain their normal condition as long as they remained under the possession of the jenmies. The character of that jenmom tenure ceased to exist at the moment when the land was transacted for money consideration. In that case, the land was liable to a light tax called rajabhogam in the case of garden lands and kanapattam16 in the case of paddy lands. Once this light tax is imposed on a land, it continues forever, even though the land was reclaimed by the jenmie at a later stage. The jenmom land was regarded as the private property of the owner. The jenmies leased their lands from a simple lease (verumpattom) to outright sale (attiper). The most important of such tenures was the kanappattam tenure. Kanappattam is a combination of a lease and mortgage lease which enables the jenmie (landlord) to rent or mortgage the land. Whether the kanappattam tenure in Travancore was a lease or a mortgage or a combination of the two, the law has declared that it was not redeemable, resumable or determinable except in exceptional circumstances. In this respect it differs from tenures of the same kind in Malabar and Cochin. It is periodically renewable on payment of a certain percentage of the mortgage amount.17 The early stage of the agrarian expansion in the region was completed by the eleventh century A.D under the Brahmins and the expansion was centred on the temples. This expansion led to the creation of a strong hierarchical group which was both social and
  • 8. 47 economical. The Brahmins became the proprietors of the „ur‟ or the village and they were called the urallor (temple trustees) and they owned their individual holdings and also the temple holdings, such as the Brahmaswom and Dewaswom 18 respectively. The power and authority of the urallors gradually increased when vast areas of fertile lands came under them. Various tenure rights came to be created to suit their interests. By the twelfth century A.D. the Nambudiri Jenmies had become a powerful community in Kerala. With this new development, the mode of customs and conventions which once regulated landlord-tenant relations weakened. There was a gradual process of conversion of temple lands into Brahmin lands. Since the Brahmins were the priests, advisers, law makers and tutors of the Kings, the rulers unquestionably favoured the trend. The kudiyans (tenants) who accepted the land from the Brahmins had to pay rent to the Brahmins. Some times the kudiyans on the Brahmaswom and Dewaswom lands were subjected to rack renting (the excessive raising of rent without any basis) eviction and other kinds of oppression. This pattern of land ownership prevailed in almost all parts of early Kerala, i.e., erstwhile Travancore, Cochin and Malabar. A study and analysis of this system that existed in all the three territorial segments of early Kerala would give a proper picture of the Jenmie-kudiyan relationship and the twist and turns in their relationship.
  • 9. 48 Travancore The erstwhile Princely State of Travancore lies in the southernmost region protected by natural boundaries. The southern and western sides are bounded by the Indian Ocean and the Arabian Sea respectively, the east, by the ranges of the high ghats, and the northern parts being mostly covered with back-waters, rivers, and lagoons. Thus, the position of Travancore, being unfavourable for the march of horses and elephants that formed the important part of the army in those days, saved it from the hands of the foreign invaders. 19 Travancore was perhaps the only kingdom in India which preserved its original caste, religion, customs, manners, and institutions. Travancore was pre-eminently an agricultural country with majority of the population depending on the land for their livelihood. A peculiar feature of the agrarian setup of Travancore was that the proprietors and tenants of the land lived and slept on the same tract of land.20 Geographically, Travancore consisted of a long and narrow strip of land - one hundred and seventy four miles in length - with a medium breadth inland of about forty miles. This land, it was a belief that, it was reclaimed from the sea. It stretches from south to north and is locked in by the Arabian Sea and a high mountain wall, the Western Ghats. Although this tract of land was small in size it was famous for its vast stretches of paddy fields, rich forests and mineral sands. Geographically Travancore maintained
  • 10. 49 distinctiveness on its history and culture. There are mountain heights walling the state on the eastern boundary of the country undulate to the west over the hills of dense vegetation till it reaches the cultivated plains which skirt the back-waters and the Arabian Sea. The numerous streams and rivers flowing through the region made the land fertile. Travancore was opened to contacts by sea with aliens such as Phoenicians, Arabs, Chinese and Europeans. As a result, most of the important towns emerged on the coast at the mouth of navigable rivers. The fertile area of land near the coastal region formed the village settlements. The fertile soil along with the abundant rainfall was favourable for the cultivation of rice, spices, coconut, palms and other crops. The various crops of the region especially, spices attracted the traders from outside to the region. The commercial contact with far away nations had its influence on the political and social life of the people also. The trade connections resulted in the entry of Christianity and Islam to the region. Christianity had firm footing in the region from the beginning of the first century A.D. and Islam established here long before the first Muslim Empire had been founded in North India. Hinduism, unmistakably was the dominant religion in the area. The native Kings who were mainly following the Hindu religion welcomed the traders who came with different religious background and made several land grants and conferred trading rights on them which facilitated a brisk trade.
  • 11.
  • 12. 51 The State of Travancore had its origin in the ninth century A.D from the petty kingdom Venad, lying to the south of modern Kollam and stretching to Kanyakumari. The rulers of this kingdom from whom the ruling family of the later Travancore descended claimed their descent from the ancient Chera kings. The society was of feudal nature, organized for war and administration. In theory the king was all powerful but in practice he was kept in check by his feudal nobles on the one hand and by the people or the subjects on the other. The ruler followed a practice that the people could approach the king directly with their demands and grievances.21 Tenurial System in Travancore A better understanding of the land tenure system in Travancore needs careful investigation in its origin as well as development. The land tenure system of Travancore was similar in some respects to those in the adjoining areas of Madurai and Thirunelveli on the east-coast, as well as to those of the neighbouring states of Cochin and the British Malabar, on the north. The nature of land holdings in Malabar, Cochin and Travancore must have had common origin and development in ancient times before Kerala was divided into separate kingdoms ruled by independent rulers.22 The rulers of Travancore influenced the tenurial system that developed in the region. Many of the early rulers tried to have an effective administrative set up in the region. Among the earlier powerful rulers of Travancore, the name of Marthanda Varma is
  • 13. 52 more important, who is known as the „founder of modern Travancore.‟ Marthanda Varma (1729-1758) came to power when the state was facing adverse circumstances. The financial position of the state was very weak due to the long standing refractory conduct of the feudatory chiefs. There was no proper administrative machinery for the transaction of government business. The general condition was that the authority of the king or ruler was no where respected. The pillamar and the madampimar 23 exercised undue authority over the land and thereby they had established themselves as powerful forces in the public life of the state. The feudal elements enjoying the patronage of the priestly class had the upper hand in the affairs of the state.24 Marthanda Varma boldly faced the situation with valour and sagacity with laudable firmness. He wanted to suppress the feudal polity which was controlled by the Nair chieftains. Through his policies of good governance, he could revive the tradition of the ancient mother kingdom of the Cheras. Marthanda Varma was a remarkable administrator, well- known for his shrewd political moves and his stern measures for consolidating his authority. His act of dedication of the state to the deity of the great temple in Thiruvananthapuram, Sree Padmanabha in 1750 was popularly known as Thrippadidanam. This dedication is viewed as a method used by which the ruler declared to be only a trustee of the lands of Sree Padmanabha, the deity. He surrendered his sword to the deity and received it back from Him in trust. He
  • 14. 53 also transferred all his lands to the deity and declared that the State is not the possession of the ruler, but the ruler is heading it as a regent of Sree Padmanabha and used the title Sree Padmanabha Dasa. This event was one of supreme significance. It meant the collection of revenue from the land in the name of God and the expenditure of the same in the interests of the people. This measure of Marthanda Varma helped him to have complete control over the territory of Travancore and to start his policy of administrative reforms including land relations. This is viewed as a clear expression of the theocratic rule in Travancore. By a series of administrative measures Marthanda Varma gave undue privilege to the Brahmins in the State.25 These measures of the ruler made the position of the Brahmins in the society more powerful.26 The later rulers of Travancore also followed this practice of using a title along with their name. This dedication of the state to the deity and administering the state on behalf of the deity helped the ruler to be free from the threats of disturbances from the worshipers of Sree Padmanabha. This sort of acquiring the status of „servant of the deity‟ made his word quite infallible and that major changes in land tenure relations were accomplished by the ruler. A significant change introduced by Marthanda Varma after assuming office was that he reorganized the land revenue administration. The land tax which was not being collected for a long time was re-imposed in 1739. He gave importance to the land
  • 15. 54 revenue administration and for the proper collection of land tax surveys of the cultivated land was made and direct relations were established with the cultivators.27 The survey that took place helped the state to have a clear picture of the land and its area under cultivation. Marthanda Varma adopted various measures for improving agriculture by introducing a series of new agrarian practices. Great irrigation works, roads and canals of communication were undertaken and carried out.28 This type of modernization activities were absent in other parts of Kerala during the period under reference.29 Along with this, Marthanda Varma tried to control the authority of the powerful chieftains in the region, the pillamar and madampimar. The land revenue reforms of Marthanda Varma were a base for the later tenurial changes in the state. The immediate successors of Marthanda Varma were not fully successful in continuing the momentum initiated by the ruler. Instead, rulers like Karthika Tirunal Rama Varma (1758-1798) entered into alliance with the English East India Company. The weakness of the rulers always affected the smooth functioning of the administration as well as the formation of ministries in the state. The later ruler, Balarama Varma (1798-1810) depended mainly on his ministers and Dewan for administration. The shifting of capital as well as imposing more revenue collection from the people made the ministers hostile to the people. The resentment of the people towards this additional revenue collection had its expression from
  • 16. 55 people like Veluthampi, who was the karyakkar of Thalakkulam.30 Finally the situation reached the stage of the suspension of the Dewan and Veluthampi, who took the lead in the opposition, was appointed as the new Dewan in 1801. During the period of the Dewanship of Veluthampi, there was a revolt in the barracks and this forced Travancore to conclude a treaty with the English East India Company and to become a subsidiary ally.31 As per the treaty, Travancore had to pay a tribute of Rs. 80,000/- annually to the Company. It is evident that this amount has to be raised from the land. The increased influence of the British in Travancore naturally paved the way for administrative changes including changes in the land relations. In spite of the poor economic position, Travancore paid the amount promptly but later the so called interference of the Company in the internal affairs of the state irritated the Dewan Veluthampi. Veluthampi went to the extent of issuing a Proclamation urging the people to rally against the British through his Kundara Proclamation.32 The British crushed the uprising that eventually led to the suicide of Veluthampi in 1809. With the death of Veluthampi, Travancore practically lost its independent status. From this period onwards the British began to concentrate more in the administration of Travancore. Rani Gauri Lakshmi Bhai, the successor to Balarama Varma, made an agreement with the English East India Company by which Colonel Munroe was appointed as the British Resident in India.
  • 17. 56 Shortly Colonel Munroe was appointed as the Dewan also. He reorganized the administration in the state and followed a centralized administrative system which was in practice in the Madras Presidency.33 The establishment of courts for the first time in Travancore was in 1811 by Colonel Munroe and it marks a distinct epoch in the history of legislation in the state.34 The reforms of Colonel Munroe influenced the later political life including land relations of Travancore. The Regency of Gaury Parvathy Bhai (1815 – 1829) and the period of the later ruler Rama Varma Swathi Tirunal brought about major changes in the administrative fields. During the period of the later rulers Ayilliam Tirunal (1860 -1880) and Visakam Tirunal (1880 – 1885) significant changes took place in the land tenure systems in Travancore. Encouragement was also given for the growth of education in the state by introducing the English system of education and thereby introducing new parameters in Travancore culture. More privileges were given to the cultivators also. The period of Sree Moolam Tirunal (1885-1924) saw the emergence of political consciousness in the region. The inauguration of the Legislative Council, Sree Moolam Popular Assembly in 1904, which worked as a platform for administrative changes in the state, is an evidence for this. Later the Regency of Maharani Sethu Lakshmi Bhai (for Chithira Tirunal 1924 – 31) as well as the period of Sree Chithira Tirunal Bala Rama Varma I (1931–1948) also
  • 18. 57 witnessed a period of progressive, constitutional, administrative and social reforms in Travancore. The political considerations in Travancore operated in a different direction as far as land relations were concerned. The rulers of Travancore tried to curtail the powers of the chieftains who were controlling the land for several decades in the region. As a result of this, a large part of the cultivated land came under direct state ownership. By the end of the first decade of the nineteenth century, the state owned lands accounted for about one half of the cultivated land in Travancore and their share rose to eighty per cent by the middle of the century as a result of the variety of policies followed during the intervening period.35 The remaining twenty per cent of the cultivated land was owned by few jenmies, enjoying them either as free hold or under a light assessment called rajabhogam. These jenmies were mainly Brahmins, Brahmin temples and madampis who were the descendants of some of the old chieftains.36 The total population of Travancore in 1854 was estimated at 1.26 million and majority was depending on land for their livelihood.37 As per the census of 1901, nearly two thirds of the entire population (i.e., about 0.8 million) depended on land.38 The tenants formed the bulk of the agricultural population of Travancore towards the middle of the nineteenth century. The rights of the tenants who were cultivating the sircar and other lands had different tenurial patterns. The sircar lands were known as pandaravaka
  • 19. 58 lands with sub divisions pandaravaka pattom and pandaravaka otti. Those who were having the pandaravaka otti lands had more rights than the pandaravaka pattom land holders. Half of the cultivated land in the state belonged to the pandaravaka pattom category and the holders of these lands had no ownership rights or they did not have the freedom to transfer the occupancy rights. The state was considered as the jenmie and the tenants of the pandaravaka pattom lands were to pay tax or rent to the state. The lands other than pandaravaka were popularly called jenmom lands. The condition of the holders of jenmom lands were in no way better than those of the holders of the pandaravaka lands. The jenmies of the jenmom lands harassed the tenants in many ways.39 There was always the threat of eviction. The state was quite alert to the interest of the cultivators and even as early as 1829, a royal edict was promulgated directing that “in all suits of this nature (for eviction) decided, filed or which may hereafter be preferred, the courts maintain the established usage in the country, viz., that the tenant should pay the jenmie his usual, ordinary and extra ordinary dues and that the jenmie receive the same and let the tenants remain in possession and enjoyment of the property.” 40 This edict was a major step on the part of the ruler to protect the rights of the tenant who cultivated the land. This edict was also an earlier step towards the concept of social welfare of the State. The tenants mainly consisted of lower castes and the regulation to protect their rights
  • 20. 59 over the land was a moral boost for them. Though the regulation of 1829 did not solve the problems faced by the tenants, it was an attempt on the part of the rulers to encourage them in cultivating the land. The agrarian situation in Travancore was far better than the other neighbouring states and it was further improved by the later progressive measures followed this regulation. The opportunities offered by these favourable circumstances were utilized by enterprising groups, who were earlier in unprivileged positions on account of their inferior caste status to rise in the socio-economic ladder.41 As cited earlier, there were common features as well as glaring differences regarding the land tenure systems in all the erstwhile territorial segments of Kerala. Therefore, it is worth mentioning the nature and conditions of land tenure systems in both Cochin and Malabar vis-à-vis those of Travancore. Land Tenure System in the Erstwhile Cochin Cochin, the other Princely State was the smallest political unit in the region of Kerala. Cochin was a powerful kingdom in the years immediately following the disintegration of the Kulasekhara Empire. Later its power gradually weakened due to dissensions in the royal family. Rama Varma, popularly known as Sakthan Thampuran (1790 – 1805) was one of the prominent rulers of the region, who laid the foundation for a centralized administrative system. There were attempts by the state to subdue the chiefs and strengthen the State power, but not the same extent as in Travancore. One third of the
  • 21. 60 cultivated land was with the state, but a considerable portion of that was probably the private property of the Raja himself. In 1812, Colonel Munroe who was also the British Resident for Cochin State had initiated steps to establish control over the temple lands and other properties of about 179 temples in the state42 during the process of consolidating his authority. With the coming of the British to Cochin, they embarked on new methods of administrative system. The reform introduced by Colonel Munroe in Cochin bears a close resemblance to those which he introduced in Travancore. The foreigners who came to Cochin before the British, both the Dutch and the Portuguese were interested in improving the trade relations with Cochin. But the British who came later wanted to have a permanent occupancy in the region and their administrative measures were aimed at it. As a result, forty per cent of the cultivated land and the whole of waste lands came under the direct control of the State in Cochin. This was termed as pandaravaka 43 or sircar and the remaining sixty per cent was under the control of private ownership. This was referred to as puravaka 44 or jenmom lands. These lands were under private ownership and supposed to pay a fraction of rent collected from the peasants to the government, termed as rajabhogam. So long as the rajabhogam was given to the government, the state did not interfere in the affairs of the jenmom lands. The jenmom lands in the region were owned by the temples, Nambudiries, local chieftains
  • 22. 61 and a few families who were connected with the royal palace. The conditions of the actual cultivators in the land were deplorable as the jenmies were having unrestricted powers and the government followed a policy of non-intervention in the jenmies-tenant relations. The tenants had no recognized rights on the lands. In the sircar lands, the majority of the holders were pattom cultivators as in Travancore and they had neither ownership rights in the land they held nor rights of transfer. The land area of Cochin was about one fifth of Travancore. The British demanded almost fifty percent of the state revenue for them. This revenue for Cochin was comparatively higher than the assessment in the British Malabar. The main division of tenants in Cochin was into pandaravaka tenants and puravaka tenants. The most privileged were the pandaravaka kanam tenants. There were also pandaravaka pattom tenants who were more in number than the pandaravaka kanam tenants. The pandaravaka pattom tenants were to pay more revenue to the government than the other category. They were better off in spite of high rent charged from them comparing with the puravaka or jenmom tenants. The puravaka tenants were to depend upon the mercy of the jenmies. The condition of tenants who were also the agricultural labourers, belonging to the lower castes were worse than that in Travancore. Although slavery was abolished in Cochin in 1854, slaves continued to be attached to their masters with semi-slave status.45
  • 23. 62 Among the population of Cochin during 1857, half were engaged in agricultural activities. The number of land owners could have been only a few thousands and they included jenmies and holders of sircar, kanam and cognate tenures. The rest of the agricultural population consists of tenants and agricultural labourers. The state followed a policy of non-intervention in the affairs of jenmies and tenants, and as a result the cultivators were in a deplorable position. Because of the British demand for a huge sum, there was high rate of land tax on the cultivators. Thus, even by the end of the nineteenth century, there were no significant improvements in the position of the tenants holding either pandaravaka or private jenmom lands in Cochin. The tenancy legislation that came up in Travancore had its influence in the Cochin State also. A major breakthrough in the land tenure relations in Cochin was initiated with the royal edict issued by the Raja in 1863. The purpose of this edict was to prevent eviction of kanam tenants before the completion of the term, of twelve years.46 The twelve years rule with regard to land tenure is said to have been fashioned upon the periodic celebration of Mamamkam 47 which was held once in twelve years. This was a system followed in early Kerala. All tenures of land subsisted only for that period; all transactions, appointments, contracts, and tenures had to be renewed at the end of twelve years.48 But the royal edict was not strictly implemented. In the absence of any machinery for
  • 24. 63 implementation, this edict had very little effect, although the tenants clamoured for more reforms in the state. Land Tenure System in Malabar. As in the case of all the modern society, in Malabar also, land was valued above all other forms of wealth and control of the land became the basis of the socio-political set up. Before the British occupation of Malabar, the land comprised of numerous petty principalities. While tracing the history of Malabar, William Logan, suggested that earlier Malabar was under the mighty rule of Cheraman Perumal and after him the kingdom was divided among his kinsfolk. Logan further observed that between the ninth century and the arrival of the Portuguese in the late fifteenth Century A.D. the chieftains of the nadus reigned almost unchanged in the limits of their territory. Even during the advent of the Portuguese, as well as the period of the invasion of the Mysore rulers, the constitution of the Malabar society remained unchanged.49 One important aspect regarding the nature of land relations in Malabar was that the ownership right of the jenmies and landlords was quite different from that in other parts of the country. The land tenure system of Malabar has been far more complex than that of the other neighbouring states, Travancore and Cochin. Malabar had the highest percentage of tenancy, the most complex land system and the worst form of landlordism.50 The land tenure system here has been more feudalistic. The jenmies in Malabar possessed absolute
  • 25. 64 property rights on the soil.51 The tenurial system became more complex as large number of intermediaries existed in between the jenmie and the actual cultivator. The state never owned or claimed ownership of any land in Malabar except what it had acquired by escheat, purchase or land acquisition.52 Foreign Interlude into Malabar and its Effects. The Mysorian invasion of Kerala under Hyder Ali and Tippu Sultan during the second half of the eighteenth century decisively influenced the course of the later day events of the region.53 It brought about significant changes in the political, social and economic life of the people. Hyder Ali started the invasion of Malabar in 1766 and after him his son Tippu Sultan followed suit. The Mysorian attempt ended up in 1792 with the treaty of Seringapatam (the pact made between the British and the Sultan of Mysore) by which Tippu Sultan formally seceded Malabar to the British.54 The conquest of Malabar by the Sultans of Mysore had its impact on the land relations also. The Mysorian Sultans of Malabar wanted to extract as much revenue as possible from land and for this purpose they introduced for the first time in the Malabar region, a comprehensive land revenue assessment.55 The policy followed by the Mysorian rulers on land was also responsible for added cultivation of more areas. The English East India Company annexed Malabar in 1792 and it was made part of the Bombay Presidency.56
  • 26.
  • 27. 66 During the time of the annexation of Malabar by the English East India Company, the state had the land tenure system initiated by the Sultans of Mysore. The Sultans of Mysore followed a policy of maximizing the revenue collection from the state. The cultivators were forced to pay more amount as tax which they could not afford. No proper assessment or land regulation was made for the purpose of land revenue collection in the state.57 The British policy was to encourage the peasants to maximize the production from the land in order to collect more revenue from them. The British authorities also wanted to reduce the personal influence of the ruling class and transform them to be the supporters of the British rule.58 For this purpose they recognized the rights of tenants on land. After the annexation of Malabar, the British started leasing lands to the Rajas of numerous principalities, who had rendered their support to the British against the Mysore Sultan. The tenurial system of the British in Malabar was mainly based on certain factors like maximization of production as well as recognizing the right of land holders, who would act as supporters of the British rule in the region. This is evident from the minutes which were sent to the Court of Directors of the English East India Company by Sir Thomas Munroe.59 It is a clear evidence of the purpose of land policy of the British in Malabar. There were various tenures on the jenmom lands of Malabar. Some of the tenures of this region had no similarities with other parts in Travancore or Cochin.
  • 28. 67 As cited earlier, the land tenure systems of Malabar were far more complex than those of Travancore and Cochin. There has been more feudalistic nature than the other regions. Malabar was also marked by the existence of intermediaries between the owner of the land and the actual cultivator. There were many sub-tenants in between the actual jenmie and the actual tenant. There existed the kanam-kuzhikkanam 60 tenures also. Under this category the landlord collected money from the tenant. The tenant or kudiyan was given the right of occupation as well as improvement of the land. There was also the verumpattam tenure which was generally for one year and can be for several years if it was the customary verumpattam. Another type of mortgage with full possession existed which was called otti.61 There existed karazhma tenures which were generally granted for services rendered in temple. There was also a tenure called jenmom kozhu, which had a fixed rent. The jenmies in Malabar have been the absolute owners of the land with absolute proprietary rights on the soil. The occupation of Malabar by the Mysore rulers in the late eighteenth century embittered the relations between the mopalahs 62 and the caste Hindus. Many mopalahs succeeded in shifting to their jenmies the entire burden of the land revenue assessment which was newly introduced. Changes in the land relations took place as a result of the fleeing of Nairs and Nambudiries from Malabar to escape religious persecution and forced conversion. This situation however
  • 29. 68 lasted only for a few years when Malabar came under the British towards the close of the eighteenth century; the jenmies rushed back and retained their lost lands. The Mysore rule created euphoria among the mopalahs and the new sense of freedom which they tasted lingered on and lent them the will to fight the system which they had until then passively accepted. While the Portuguese intrusion to Malabar produced a militant tradition among the mopalahs, the invasion of the Mysore rulers prepared the ground for an outlet to this tradition through the expression of agrarian discontent. The British policy of land relations in Malabar offered the jenmie the right of eviction of the peasants at will and leave the peasant helpless. As early as the 1830‟s there was discontentment among the cultivating mopalahs who were the most severely hit sections of the community due to the change in land relations. Among the population of Malabar during 1861, about two thirds were directly dependent on the land.63 All the jenmies who were an insignificant minority in the agricultural population enjoyed practically every right on the land. Other than the jenmies, the remaining agricultural population in Malabar was divided almost equally into tenants and agricultural labourers. Among the tenants there was a large section known as the customary tenants. The customary tenants enjoyed fixity of tenure, and paid only very nominal fees. Some times they paid nothing. The chief group among the tenants was known as kanamdar. The kanamdars were
  • 30. 69 considered to hold land on certain rights partaking the character of mortgage and lease, though as a matter of fact kanam originated as a feudal tenure with rights of perpetual occupancy. The position of the tenants in Malabar was virtually tenants- at-will in law as well as in practice. This system continued for some time, but by 1856 the British civil court redefined the tenancies of the region and graded them in different divisions. The landlords were given right to extract rent as much as they wanted from the tenants at will. If the tenants were not able to pay the demanded sum, the landlord was given the authority to oust them. In case of tenants of garden land nominal compensation was given for the improvement they made on the land and for tenants of wet land no compensation was given. Further more, the land revenue assessment was also high during the period. The major burden of this high land revenue fell upon the actual cultivators. The amount collected as land revenue was about eighty six percent of the pattom (rent) for wet land, sixty three percent of the pattom for garden land and thirty seven percent of the gross produce in the case of dry lands.64 It was also said that the actual assessment rates even exceeded these rates. During this time the price of agricultural commodities increased and the rate of land revenue was not high compared with the income. The land revenue collected from the Malabar district was about one seventh of the gross produce.65 But this hike in the price of commodities never benefited the cultivators,
  • 31. 70 on the other hand, jenmies demanded more rent from the actual cultivators. The changes in the tenancy system in Travancore and Cochin had their influence on the tenants of Malabar regions also. Other than this, there was an increased pressure of population on land which ultimately led to the competition for land. The result was that these factors led to the emergence of social tensions and clashes between the owners of land and the actual cultivators, for example, the mopalah riots in Malabar which culminated into the Mopalah Rebellion in the twentieth century. Crisis did not arise all on a sudden, but a long series of protests started in various parts of the region. It will not be out of place here to make a reference to the unrest in Travancore among the ryots in 1860‟s, which paved the way for the Royal Proclamations. Impact of the Land Policies in Malabar The Hindu tenants were passive in their sufferings from the landlords because of their submission to and respect for traditional authority. But the Muslims (mopalahs) who had inherited a militant tradition and in whom the Mysore rule had instilled a new sense of freedom and hope could not tolerate the sufferings.66 This resulted in a series of protests led by them which started as early as 1836 and lasted nearly a century. These tensions, fanned by communal feeling, turned into what is called the Mopalah Rebellion in the later years.67 On the basis of these disturbances the British authorities
  • 32. 71 appointed Mr. T.L. Strange, a judge of Madras, as a Special Commissioner to enquire in to the causes of the mopalah outrages and to suggest remedial measures. But Strange‟s recommendations and the later actions related to land tenures were all in favour of the landlords.68 So this only resulted in the further deterioration of the situation of the region Owing to the continued disturbances in the region the government appointed Sir William Logan as Commissioner in 1881 to enquire into the land tenure systems and tenants‟ rights. Logan studied the situation in detail and prepared a report which stated that the plight of the tenants is miserable due to the rack renting, heavy renewal fees and inadequate compensation for improvement made on the land. Logan suggested to rectify these defects in the tenancy system and recommended for permanent occupancy rights.69 On the basis of his recommendations, a bill was proposed and was passed as the Malabar Compensation for Tenants Improvement Act of 1887 and later it was modified in 1900. But even these acts were not powerful enough to check the arbitrary exercise of the power of eviction. An Assessment of the Tenurial System in Early Kerala The studies on the background of the land tenure systems in Travancore, Cochin and the British Malabar show that the tenurial rights on lands in this region varied with the passing of time and the agrarian structure that evolved in this region during the pre-colonial
  • 33. 72 period was different from that during the colonial period. The jenmie system of land ownership in the region was characterized by the tremendous concentration of ownership rights of land. As a result of both the population increase and the impact of western influence the caste structure began to decline. The decline of caste structure had its influence on the ownership patterns of land also. The traditional land structure and land tenure patterns in the region point to the direction that the private ownership rights of land were recognised. During the early times the native states followed a policy of non interference in the affairs of the jenmies and tenants. As a result of this the cultivators were in a deplorable position. Land revenue was collected from the land from the very early times. The coming of the English East India Company made matters worse, as the rulers began to impose more tax on land which they needed badly to satisfy the demands of the English. The native rulers of Travancore followed a policy of land relations which was of a progressive nature. They tried to make an amicable settlement between the jenmies and the tenants through the various measures they undertook. The Proclamations were an example to this. A major breakthrough in this context was their policy of confirming the ownership rights of the tenant cultivator on the land. Further, the rulers were progressive enough to see that the tenants were not ill-treated by the jenmies. The impact of this attitude of the monarchy could be traced to the later land regulations
  • 34. 73 in the state and among the democratic rulers in the later united Kerala. The State of Cochin also followed a similar policy like that of Travancore. They made attempts to subdue the chiefs and strengthen the state power, but not very severely as in Travancore. The exorbitant demand of revenue by the British from Cochin rulers had its impact on the agrarian sector. The condition of the agricultural class of Cochin was worse than that of their counterparts in Travancore due to the excessive collection of tax. Supportive mechanisms for the effective implementation of the land revenue reforms were absent in Cochin, although the Cochin rulers were keen to prevent any form of unrest connected with the tenurial system of the state. The British Malabar followed a different system of land relations, when compared with Travancore and Cochin. The tenurial relation in the region was more complex than the other two nearby regions. The Mysorian invasion of the region decisively influenced the land relations here. The Sultans of Mysore followed the policy of maximization of land revenue collection which was the main source of their income. After the British annexation, they followed the policy of maximization of revenue supported with measures for maximizing production. Comprehensive land revenue assessments were made by them. As part of this policy and also to fulfil their political motives, the British followed a policy of showing undue importance
  • 35. 74 to the jenmies in the region. This policy gave birth to tenurial protests in the region fanned by communal feelings. The tenurial changes initiated and developed under the royal patronage had profoundly influenced the socio-economic and cultural scenario of the native state and in effect further paved the way for similar and deeper tenurial legislations in the succeeding phase. The overall impact of the changes that took place in the tenurial systems in Travancore, Cochin and Malabar were different. In the case of Travancore, there were peasant proprietors, Cochin emerged into a tract of peasant proprietors–cum–absentee landlords and as far as Malabar was concerned, an absolute landlordism. The changes in the tenurial system in these regions had far reaching effects on not only land relations but on the economic and social change in the subsequent period. The Travancore system by all means seems to be unique with more progressive vision of the rulers related to land reforms. The scope of the present study therefore is mainly concentrated in the land tenure systems in Travancore and its impact over the region in the subsequent period.
  • 36. 75 Notes and References 1 Louise Onwerkerk., (ed.] Dick Kooliman, No Elephants for the Maharaja, Social and Political Change in the Princely State of Travancore 1921-1947, Manohar Publications, New Delhi, 1994, p.28. 2 By the Treaty of Seringapatam (1792) Tippu Sultan formally ceded Malabar to the British. This led to the establishment of the British supremacy in Malabar. Seringapatam is also spelt as Srirangapatnam. See, K.N.Panikkar, Against Lord and State, Religion and Peasant Uprisings in Malabar: 1836-1921, Oxford University Press, Delhi, 1992, p.75. 3 Rajan Gurukkal and M. R. Raghava Varier., Cultural History of Kerala, Vol.I, Dept. of Cultural Publications, Trivandrum, 1999, p. 258. 4 Sreedhara Menon A., Cultural Heritage of Kerala, D.C. Books, Kottayam, 2008, p. 236. 5 Ryot - One who owns land and pays tax directly to government 6 Kareem C. K., „The Agrarian Relations of Kerala,‟ in Journal of Kerala Studies, Kerala University, Trivandrum, Vol. IV,1977, p.583. 7 Rajan Gurukkal and M. R. Raghava Varier., op.cit., p.261. 8 Ibid.
  • 37. 76 9 Sircar lands are lands owned by the government while jenmom lands are lands of the Brahmins in which they had absolute rights. 10 Madhava Row T. Sir., Memo on Kanapattam Tenure, Directorate of State Archives, Trivandrum, Cover File, Bundle No.44, C.15128, 1867, p.25. 11 Oommen M.A., Land Reforms and Socio-Economic Changes in Kerala, CLS Madras, 1971, pp.13-14. 12 Gopalakrishnan P.K., Kerlathinte Samskarika Charitram,(Mal.) The State Institute of Languages, Trivandrum , 1974, p.421. 13 The term „Nambudiri‟ as applied to Malayalee - Brahmins is a word of respect of office and dignity, dating its origin from the great reformer and teacher of Kerala – Sri Sankaracharya of Kalady; For more details see, K.N Chettur, “The Nambudiri Brahmins of Kerala,” in Social Reforms in Nineteenth Century India, ed. by Alok Ray, Cross Roads, Calcutta, 2005, p.77. 14 Rajabhogam - Royalty: A tax or rent calculated at 1/6 or 1/8 of the Pattom. 15 Nagam Aiya V., The Travancore State Manuel, Vol. III, Gazetteers Dept., Govt. of Kerala, 1999, p.317. 16 Kanappattom - A kind of tenure prevalent in Travancore. 17 Velu Pillai T.K., The Travancore State Manual, Trivandrum, 1940, p. 148.
  • 38. 77 18 Brahmaswom - belonging to Brahmins, Dewaswom - belonging to temples. 19 Shangoony Menon P., A History of Travancore, Government of Kerala, Trivandrum, 1983, p. xvii. 20 Nagam Aiya.V., op.cit., p.1. 21 Louise Onwerkerk, op.cit., p. 33. 22 Nagam Aiya V., op.cit., p. 2. 23 Pillamar and Madampimar were the local names for the feudatory chiefs. 24 Sreedhara Menon., op.cit., p.2. 25 Other than dedicating the kingdom to the deity, Sreepadmanabha (referred to earlier), many oottupura (dining halls) were maintained from Sircar funds for feeding Brahmins. During the newly instituted Murajapam and Bhadradeepam festivals, Brahmins were given donations lavishly (see the Madras State Directory, Cochin, 1934, No. VIII, p.3) 26 Gopalakrishnan P.K., op.cit., p.341. 27 Elamkulam P.N. Kunjan Pillai., Jenmie Sampradayam Keralathil (Mal.), D.C. Books, Kottayam, 1965, p.85. 28 Panikkar K.M., A History of Kerala, 1498-1801 A.D., Annamalai University, Annamalainagar, 1959, p.252. 29 Ganesh K. N., Keralathinte Innelekal (Mal.), Dept. of Cultural Publications, Govt. of Kerala, Trivandrum,1990, p.95.
  • 39. 78 30 For the administrative convenience, Marthanda Varma divided the state into taluks and put them under the revenue jurisdiction of karyakkar. Veluthampi was the karyakkar of Talakkulam, a place at present in Kanyakumary District of Tamil Nadu. 31 Sobhanan B., Divan Veluthampi and the British, Trivandrum, 1978, pp. 52-57. 32 At Kundra, in Central Travancore, Veluthampi issued this Proclamation on 11 January, 1809. 33 Velu Pillai T.K, op.cit., p.37-46. 34 Nagam Aiya V., op.cit., p.546. 35 Raj K. N., forward in T. C. Varghese, Agrarian Change and Economic Consequences: Land Tenures in Kerala, 1850-1950, Allied Publishers, Bombay, 1970, p.x. 36 Varghese T.C., op.cit., p. 44. 37 Velu Pillai T.K, op.cit., pp. 374. 38 Census of India, 1901, Travancore, Report, p.390. 39 Varghese T.C., op.ci.t, p. 47. 40 Royal Edict of 1829, cited in the Travancore Jenmie-Kudiyan Committee Report of 1916, Trivandrum, p.1. 41 Varghese T.C., op.cit., p. 48. 42 Krishna Menon E., (compiled) The Cochin Dewaswom Manual, Ernakulam, 1938, Introduction para 3.
  • 40. 79 43 Pandaravaka – belonging to Sircar. 44 Puravaka – land other than government sort. 45 Oommen T. K., From Mobilization to Institutionalization, The Dynamics of Agrarian Movement in Twentieth Century Kerala, Popular Prakasan, Bombay, 1985, p. 56. 46 Cited in the Report of the Agrarian Problem Enquiry Committee of Cochin, Chapter, 2, p.50. 47 Mamamkam – According to tradition, it was a national festival held once in twelve years on the banks of Bharathapuzha. 48 Padmanabha Menon K.P., History of Kerala, Trivandrum, Vol. 11, p. 385. 49 Government of Madras, 1882, Vol. I. X-XII. 50 Radhakrishan P., Peasant Struggles, Land Reforms and Social Change - Malabar, 1836-1983, Sage Publishers, New Delhi, 1989, p.18. 51 Major Walker, Report on the Land Tenure of Malabar, 1801, p.3. 52 Oommen M.A., op.cit., pp. 28-29. 53 Radhakrishanan P., op.cit., p.43. 54 Krishnan T.V., Logante Malabar Manual, (Mal.), Mathrubhumi Publishers, Calicut, 1985, p.523. 55 Varghese T.C, op.cit., pp. 17-18.
  • 41. 80 56 In 1801, Malabar was transferred to the administrative jurisdiction of the Madras Presidency from the Bombay Presidency. 57 Panikkar K. N., Against Lord and State- Religion and Peasant Uprisings in Malabar 1836-1921, Oxford, Delhi, 1992, pp.18-19. 58 Kurup K. K. N., William Logan: Malabarile Karshikabandangalil Oru Patanam, (Mal.) State Institute of Languages, Trivandrum, 1981, p.11. 59 Farmer., „Report to the Governor of Bombay Presidency in 1793‟, cited in Innes, C. A, Malabar District Gazette, Vol.1 p. 1, 289. 60 Kanam is a kind of land tenure under which the tenant holds land by paying a fixed sum or grain in advance or acknowledges the ownership of landlord; Kuzhikkanam is a lease of waste land or land which could be improved in favour of a cultivator who has to make improvements in the land. 61 Otti is a mortgage of land. 62 Muslims of Malabar were called Mopalah. 63 The estimate of two thirds is approximate, derived from the 1891 census figures which give 62 per cent as the agricultural population of the district. 64 William Logan., Special Commissioner’s Report, Vol. 2, Appendix I, Chapter VII, p. 21.
  • 42. 81 65 Sullivan., (Collector of Madras reported in 1841) Report on the Province of Malabar and Canara, 1841. 66 Radhakrishnan P., op. cit., p.44. 67 Oommen M.A., op.cit., p.32. 68 Panikkar K.N., op.cit., pp. 94-97. 69 William Logan., op.cit., p.21.