I could not write in my blog for a couple of weeks due to some important pre occupations and today, despite my other engagements, I could not keep quiet on seeing a circular issued by the Chennai Police Authorities. They say that they follow the model of Mumbai and Delhi in collecting the details of Tenants from the Land Lords. This action gains its own relevance and importance following the disputed “encounter killings” of five persons allegedly identified as Bank Robbers in Chennai on February 23rd, who were staying in rented premises. I find the way, the tone and tenor of the circular issued by the Police Authorities are prima facie intimidating the land lords and would pave way for undisciplined police personnel to engage in extortion of Land Lords. If what Times of India reports is correct, that states as follows:-
“Those failing to do so can be booked under IPC Section 188 (disobedience to order duly promulgated by public servant) that attracts a penalty of a jail term of six months to one year and a fine, police said”
(http://timesofindia.indiatimes.com/city/chennai/House-owners-told-to-give-details-of-tenants-to-police/articleshow/12129506.cms)
The above contextual content of the circular not only contradicts the formats issued in Mumbai and Delhi, but also raises certain unnecessary and complex issues compelling the Land Lord to investigate the details of tenant. Apart from that now the Land Lord need to investigate the names of the co-occupants, details of their previous residence of the tenant, his/her identity proof etc. And in the end, both the Land Lord and the Tenant should sign and hand it over to the Local Station House Officer – which means, that they have to approach the Local Police Station and obtain a receipt from the "Ayya"( Sub-Inspector)!!!
The authorities of Chennai City Police (CCP) have thus issued a circular “intimidating” the land lords (people who own house/accommodation) in Chennai City under the jurisdiction of the City Police.
Exposing of other structural weakness:
Here, I find that this circular knowingly or unknowingly exposes the weakness of Urban Management, Urban Assets Management and also the poor Land Registry of India’s Metros including Mumbai and Delhi, that have similar “form filling” expensive ceremonies. Let me outline the main issues involved in the implementation of this circular.
When Land Lord Goes to Police Station “Ayya” will not be there
I say this expensive ceremony because “Ayya” (the Station House Officer of Tamil Nadu Police Stations), normally would be on rounds and would not be there when Land Lord and Tenants approach him/her. When the Land Lord is a female – Land Lady and the tenant is also a Female, their chances of returning safe from Police Station is also a big question! (That has pointed out by Supreme Court Verdicts). I wish the All Women Police Station should be made to receive such information forms and send it to SHO concerned. I wish the Home Secretary would read this suggestion and do the needful in the best interest of good will of people for the Government.
Importance of Registration Department – Mr. Inspector General of Registration, Hay when the Sunshine!
If every lease/rental deed is registered before the appropriate Registration Authorities, then the question of this intimidating circular has no meaning, for if all the instruments of lease holdings are registered, as it happens in Bangalore, then with a click of a mouse, the Government can get the details of the tenants and the Land owners on a time series. At this point, I urge the Inspector of Registration, Chennai to take effective steps to have lease holdings registered. If only he/she wants to improve the coffer of the State Ex-chequer and not police personnel’s pockets, one circular that “The Intimidating Police Circular will not bind the Properties which have its Lease holdings Registered” will be the mother of all solutions. With the recent bio metric system of Registration of deeds and instruments, and above all keeping Police Personnel completely out of civilian administrative mechanisms will earn a good name for Jaya’s Government.
Why I consider the Circular inappropriate for being issued by Police Authorities?
With all my respects to honest, non-corrupt and sincere police personnel even at the level of Constable, Head Constable, Sub Inspectors and Inspectors, I feel police personnel are misfit for carrying out executive functions. Just imagine the money a civilian normally asked to pay during verification of his form for application of passports. Now that the police personnel know that the Land Lord is not a “Aam Aadmi”, but a duck laying golden egg, they may even carry out periodical surveillance in the guise of verifying the details of co-tenants to fill their pockets and this might ultimately empty Jaya’s Vote Bank in Chennai City that she has gained after several decade! I wish the Secretaries to Chief Minister play some intervention to stream line the system. The Corporation of Chennai may be asked to gather the details or even the Collector of Chennai, with all the insignificance attached to the post (Though the post of Collector (DM/DC) is very powerful in other districts of Tamil Nadu, in Chennai, the Police Commissioner enjoys more powers since Colonial Times). This is not the cup of the tea of Chennai Police, since they are over burdened with their other important routines.
The Fate of Marginalized and their Dependents
Among all other issues, I am petrified about the fate of millions of slum dwellers and their visitors and periodic tenants, who come for seasons ( based on seasonal employment), and they do not fall inside the classification of land lord –tenants classification as our Police Department defines. In the pretext of this circular, those subaltern populations might be subjected to more human rights violations and tortures. Somehow, I wish this aspect is addressed by the Commissioner of Chennai Corporation and the Collector. I sincerely wish that this circular should not open the gateway for police brutalities against Muslims, Migrants, Refugees and above all the State Less individuals who dwell among the Slum settlements, who neither fall in the category of Land Lord nor the Tenant, but form the sizable section of Vote Bank in Chennai.
In a Deviant Situation, would not Land Grabbers Connive with Police Personnel and Create Bogus Records of Tenancy?
I wish this is a serious item of contemplation. In the present day situation that issues of Land Grabbing is on the high that the Government of Tamil Nadu have come out with specific laws to curb this menace, would not this “circular ceremony”, would create newer litigations and contestations? Just imagine an affluent person with the connivance of police personnel ( those who are known for their poor moral and ethical standards), would make this mandatory circular to create an alibi for “adverse possession”? If not properly addressed, this move might make the Government unpopular among Land Lords in Chennai, who decide the winning candidates of MP/MLA/Mayor Eelctions.
The Issue of Conclusive Land Titling in India
At last, coming to my area of research expertise, these are the moments when one has to applaud the initiatives of the Government of India in its effort to record every tenancy in rural farmland/homesteads and urban households. If the bill of Conclusive Land Titling Bill is passed, and then the issue of documenting the Land Lord and the Owner becomes mandatory. The Land Records, Land Registration and the Revenue Authorities according to the Bill come under one roof . Hence forth that the land document as per the "Conclusive Land Titling Bill" seals any notorious tenancy to claim adverse possession.It is this possibility of notorious tenants - police nexus would lead to a claim of "adverse possession". It is at this cintsxt, I feel that the crux of the circular issued by the Chennai Police in fact has deeper significance that apparently is not visible superficially.
Further, going by the business rules allocation of each department, the issuance of this circular is certainly not the cup of Chennai City Police Commissioner. This could have been done by Revenue/Local Administration/Registration Authorities and police authorities would have been permitted to play a supportive, periphery role. For the foregoing reasons, I am sure the Revenue Secretary , Home Secretary and the Inspector General of Registration of Government of Tamil Nadu would agree my view.
With all humbleness and humility, I pray the Commissioner of Chennai City Police to warn the erring Police Personnel who by any chance try to pocket money from the Tenants and the Land Lords, because in the whole issue “Land” is involved! That too, with the recent laying of Metro lines, the propertis have undergone geometric appreciation, this circular becomes gains much contemplation of its possible implications.
Circulars as it is issued in Delhi, Mumbai and Chennai – Compare it yourself
The circular issued by Chennai Police is available in the weblink : http://tnpolice.gov.in/pdfs/Application_Form-English.pdf
The circular of Maharashtra, that is reported to be the model of Chennai City Police’s circular is available in the following web links:-
The Circular followed by Delhi Police is available below:
A careful comparison between the formats issued by the Police Personnel of Delhi, Maharashtra and Chennai might reveal that the Chennai City Police have gone an extra mile in binding the Land Lord and Tenant in a document, what I feel is beyond the scope of Police Administration, when similar task is within the domains of Revenue Functionaries or the Local Bodies of the Registration Department ( who officially maintain the details of the Property)
Concluding Note
I always say that we are known for finding imaginary solutions for real problems and real solutions for imaginary problems. This move by Chennai Police is certainly a mismatch for its traditionally known functions. Executive Functions and Civilian Administration are some things that should be kept completely outside the scope of Police Administration. In my opinion, the circular issued today by the Police Commissioner of Chennai needs a quick review by the Government. I call upon the kind attention of Home Secretary, Revenue Secretary and the IG of Registration to make it better people-friendly.
I wish to conclude that they should not allow the men in uniform to unwittingly hijack civilian administration!It is a matter of concern for the public, bureaucracy and the Vote bank of the ruling AIADMK.
A Suggestion at the Interim:
I wish to conclude that they should not allow the men in uniform to unwittingly hijack civilian administration!It is a matter of concern for the public, bureaucracy and the Vote bank of the ruling AIADMK.
A Suggestion at the Interim:
Why not the Government facilitate the Land Lords to submit the information Online, in the age of Internet?
