Last Thursday I was in Kutta, a border town South of Kodagu, on some errand. My host and relation, who is a local coffee planter, had a call asking him to participate in a meeting at the Kutta Police Station. Since it was a Citizens' Committee meeting, I too decided to accompany my relation.

I thought the Police Station was very strategically and logistically located on the road leading to Kerala — a golden road carrying spices, coffee, paddy and timber, main agricultural produce of Kodagu, both legally and illegally, including cattle allegedly to the slaughter houses in Kerala.

As I climbed the steps to reach the Police Station on the slope, I saw the two narrow hallways in 'L' shape crowded with local citizens seated on chairs. The meeting was underway but seemed it had just begun.

The meeting had gained special importance because of the presence of the IGP, Southern Range, Jeevan Kumar Gaonkar. I was delighted to see him and I suppose he too was delighted as much as surprised to see me. As I shook hands with him a chair was timely placed in front which I occupied.

The subject of discussion was too serious from the way some of the citizens gave vent to their feelings which produced some heat in that cloudy, wet weather. It was about the manner the local Police were handling the complaints under the Prevention of Atrocities Act, 1989 (POA) intended to protect the Scheduled Caste and Scheduled Tribe people from being abused by the upper caste people and punish the guilty.

The complaint was that it was being misused both by the complainant and the Police to harass, intimidate and financially exploit the accused. As a result, the accused in many cases wanted to go into hiding to avoid arrest.

The IGP, after listening to the complaint coolly with a gentle smile on his face, as is his wont, explained how Police are duty - bound to register the case as all complaints under this Act are treated as cognisable offence and as such under the law the Police have to register their complaint immediately even before an enquiry but cannot arrest the person (accused) immediately as might have been done by some Police officials — either due to political pressure or otherwise.

To arrest and take further action, an officer of the rank of DySP must hold an enquiry and only if the allegations are proved the accused can be arrested, Gaonkar clarified.

The members seemed satisfied with the clarification but seemed unhappy with the potential the law has to intimidate, sometimes, innocent people.

The next subject was about the frequent transfers of Sub-Inspectors. The IGP said this subject is under the consideration of the government and appropriate rules will be framed where only when there are complaints against an officer — he or she —would be transferred before the normal term of office.

Some one raised the issue of volunteers (read Hindutva Vadis) seizing vehicles carrying cattle or preventing selling of cattle that are useless to the owner or for raising money for family expenses — marriage, hospitalisation etc. "How will the Police or the volunteers prove that the cattle are being transported for slaughtering?" asked an angry man.

The IGP smothered their ruffled feathers and took the "cow" easily by the horns. The Karnataka Prevention of Cow Slaughter and Animal Preservation Act no doubt is in place but its enforcement by the Police is indeed difficult. Like for example the sale of liquor in isolated small roadside shops or in private huts or houses. The government, after all, wants more tax collection and money. More the sale of liquor (IMFL) more money to the government. Naturally the Excise Officers either turn corrupt collecting their "share in the profit" or are happy that increased sale is happening through this illegal sale from unlicensed shops and joints.

In far-flung areas of this place of estates and forests, booze lovers find this a blessing as otherwise they have to go to far away town to get their favourite drink.
Now there is an Amendment Bill (2009) to the Cow Act which proposes to empower Police officers to take suo moto action as well as on the basis of information provided by someone else.

It is rather funny that under these amendment, officers who seize the animals will have to produce them as well as the vehicles before the District Magistrate without any unreasonable delay. Well, soon we will have not only the present bipeds as litigants and witnesses but also the quadrupeds! And Court premises may well be turned into a ranch on days Police seize the cattle.

Have our law - makers considered the inconvenience and mess this would cause to all those who handle the case and also the general public?

Another issue of far greater importance to the local farmers and planters was the dispute between the private bus operators and the illegal taxis (white board). Why illegal? Because an yellow board (legal) taxi cannot take more than three-four passengers while the private cars (white board) used as taxi can take any number of passengers. I learn an ambassador car or a Jeep takes 10-12 passengers! This kind of plying of taxis to ferry farmers and estate labourers who come in large numbers from the neighbouring Kerala denies private bus operators the passengers and thus affects their business. Hence the private bus operators are asking the government (Police and the RTO) to take action against the illegal taxis.

Countering the complaint of the private bus operators, the white board (illegal) taxi operators, the planters and the farmers give the following reasons:
1. Cost of ferrying labourers to the farms and estates is less compared to yellow board taxis because the white board car (taxi) can take more passengers.
2. Taxi (white or yellow board) can drop the labourers at the work spot unlike the bus which drops them at a common point from where labourers have to walk to the place of work.

Like the man-animal conflict in this area, this is a kind of agriculturist-government conflict. Shall we say conflict between the Law and the People?

What should be done to resolve these problems? One way is to amend the laws with "exceptional" clauses to relevant sections so that the problems that are very special to plantation districts and border districts are taken care of. For example, allow yellow board taxis to carry more number of passengers in the plantation district and also the border district as against the permitted number of passengers under the law. This will encourage the present illegal taxi operators with white boards to convert their vehicles to yellow boards. Once this is done the government will get more money by way of tax and the Police can be strict against those operating white board taxis, according to a retired officer who is a planter.

Similarly, the sale of liquor. If those who are selling liquor illegally, after buying them from the licenced liquor shop, are also issued a special permit for selling the liquor, this will not only generate additional revenue to the money-hungry government but also help the labourers, the farmers and planters in far-flung places to buy the liquor without much difficulty. This will also, at the same time, put an end to the corruption and exploitation by the Police and the Excise Department officials. After all, laws are made for the good of the people and wherever the existing laws are seen as causing inconvenience and in confrontation with the people, such laws should be amended at the earliest.

The Kutta citizens' meeting has certainly brought out these perceptions very clearly. Hence the government must take note of them and initiate appropriate action either by amending the laws or by giving proper guidelines to its officials.

It is observed that at present a very large number of small and marginal farmers have given up employing labourers who are residents in their labour quarters, for the reason such a practice entailed many problems from the government departments — maintaining proper accounts, paying Provident Fund, health - care and other benefits. Therefore, these planters have switched to outsourcing labourers which in turn has created the problems mentioned above.

There was also a complaint about illegal sand mining. However, the Police had no power in this regard as it related to the Dept. of Mines and Geology and the RTO as regards overloading and other issues.

It was interesting to hear citizens pouring out their complaints on the Police though many did not concern them. The complaints which should have been rightly directed to the Mines and Geology Department, the RTO, Forest, PWD etc. were seen being dumped on the desk of the Police which surprised the IGP who was quick to remind the complainants to address the issues to the concerned departments.

Kodagu, with coffee plantations, paddy fields and thick rain forests in the Western Ghats, has many problems that seem to be endemic and perennial. The roads in Kodagu have never been motorable and have always been in bad shape. The authorities say that Kodagu being a district with heavy rainfall, roads are bound to be ruined in the manner it is. Certainly there is no justification in this explanation. The truth is that the roads are made sub-standard because of corruption which is universal, to quote Indira Gandhi. However, the government should at least ensure that the main roads that connect Kodagu district with other districts where trucks carrying heavy loads ply should be built to last for long years.

For example, the most important road (highway on paper) that is being used by trucks and buses going to Kerala, known as Mavukutta Road, bypassing Virajpet via Bittangala, is presently unmotorable. Therefore, all these vehicles are going via Kutta to Manandavadi in Kerala.

Can one imagine that a citizen from Virajpet had to file a Public Interest Litigation (PIL) in Karnataka High Court to wake up and activate the Karnataka government to build this road to a length of about 25 km? As a result, the Karnataka Public Works Department had to give an undertaking to the High Court stating that it would allocate Rs.25 crore for building this road and complete the work by the end of this year. This is how the State Highway No.91 is maintained by our government.
Now heavy vehicles are plying on the Ponnampet – Srimangala - Kutta road and also Ponnampet - Kanoor - Kutta road, because of the closure of the Mavukutta Road. Not surprisingly, these roads are also damaged.

Our State government is indifferent to the interests of Kodagu, knowing that this Highway No.91 is the lifeline of Kodagu to international trade in coffee, paddy, pepper, cardamom and such other agricultural produces that are being taken to the Cochin harbour in Kerala.

If you thought it was only private individuals who violate the law while pursuing their trade and business, you are wrong. According to the President of the Kodagu Private Bus - Owners Association, Mr. Hosur Ramesh Joyappa, there are about 80 KSRTC buses plying inside Kodagu district without a valid permit. Now imagine if the roads are as bad as they are at present, how much damage would be caused to all these KSRTC busses? In the long run it makes economic sense to have good roads, for, it will cut on maintenance of vehicles and help save on costly fuel, apart from helping the commuters with less waiting time and more comfort while travelling.

When we travel from Hunsur to Gonikoppa, there is a major bridge near the Anechoukur gate which has been under construction for the last four years as I remember. At last it was completed last year and vehicles were allowed to ply over it. Last week when I drove on that road I was shocked to find the bridge under a major repair allowing only a single file of vehicles to pass while there was a gaping hole under repair. What kind of construction of a bridge is this? That too a bridge over which hundreds of tentonner trucks keep passing every day and night. A fit case for taking action against the contractor and transferring the engineers responsible for it.

By the way, what are our elected peoples' representatives doing in Kodagu? I understand some are busy going to the banks smiling with a little help from the officials of different government departmental heads. Did you get me Steve?

Tailpiece: While in Kutta I was shown the Kodava Samaja building under construction. That a border town Kutta with more Keralites than the locals did not have a Kodava Samaja building, a strong visible symbol of the presence of the original inhabitants of Kodagu known as Kodavas, left me wondering at the indifference of local Kodavas in this regard.

While I promised a donation, I also enquired if the local MLAs, MLCs and the MP had given money from their local development fund. The Samaja official guffawed. He said that one Kodava legislator had come to the Samaja building site by chance accompanied by Minister Shobha Karandlaje. When the legislator was asked for help it was turned down saying there was no "provision." However, this legislator was made to look small when Shobha Karandlaje took out her personal cheque book and wrote a cheque for Rs. 2 lakh.

Giving is a noble quality. Thank you Madam.

By K. B. Ganapathy
Courtesy: Star of Mysore