"The uniformity in the colour of hair, eyes, and complexion of the
Indian races renders identification far from easy, and the difficulty
of recording the description of an individual, so that he may be
afterwards recognised, is very great. Again, their hand-writing,
whether it be in Persian or Devanagri letters, is devoid of character
and gives but little help towards identification.
"The tenacity with which a native of India cleaves to his ancestral
land, his innate desire to acquire more and more, and the obligation
that accrues to him at birth of safeguarding that which has already
been acquired, amounts to a religion, and passes the comprehension of
the ordinary Western mind. This passion, or religion, coupled with a
natural taste for litigation, brings annually into the Civil Courts an
enormous number of suits affecting land. In a native State at one time
under my political charge, the percentage of suits for the possession
of land in which the title was disputed amounted to no less than 92,
while in 83 per cent of these the writing by which the transfer of
title purported to have been made, was repudiated by the former
title-holder as fraudulent and not executed by him. When it is
remembered that an enormous majority of the landholders whose titles
come into court are absolutely illiterate, and that their execution of
the documents is attested by a mark made by a third party, frequently,
though not always apparently, interested in the transfer, it will be
seen that there is a wide door open to fraud, whether by false
repudiation or by criminal attempt at dispossession.
"It has frequently happened in my experience that a transfer of title
or possession was repudiated; the person purporting to have executed
the transfer asserting that he had no knowledge of it, and never
authorised any one to write, sign, or present it for registration.
This was met by a categorical statement on the part of the beneficiary
and of the attesting witnesses, concerning the time, date, and
circumstances of the execution and registration, that demolished the
simple denial of the man whom it was sought to dispossess. Without
going into the ethics of falsehood among Western and Eastern peoples,
it would be impossible to explain how what is repugnant to the one as
downright lying, is very frequently considered as no more than venial
prevarication by the other. This, however, is too large a subject for
present purposes, but the fact remains that perjury is perpetrated in
Indian Courts to an extent unknown in the United Kingdom.
Public-domain text, read in full here on John Shaqi.
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