India -- Description and travel; India -- Politics and government -- 1765-1947
But the suspicion arose from more general and permanent causes
as well. There remains the standing sense of wrong, because an
Englishman has the right to a different form of trial from an
Indian. A magistrate with power to inflict a two years’ sentence
on an Indian, may inflict only six months on a European. No Indian
may try a criminal case against a European, and in criminal cases a
European may claim a jury, with a majority of Europeans on it. Lord
Ripon’s attempt gradually to modify these distinctions is one of the
well-remembered events of his famous Viceroyalty—one of the many
reasons which have endeared his name to India as no other Viceroy’s
is endeared—but his endeavour was thwarted.
As to the separation of functions, the Viceroy’s Council, through Sir
Harvey Adamson, has lately (March, 1908) promised an experiment with
this purpose in Eastern Bengal; but in India generally the District
Magistrate who tries cases himself, or arranges for their trial by
his subordinates, also controls the police, and in nearly all cases
the police bring the charge. The injustice of this arrangement, with
all its opportunities for official influence on legal decisions, has
long been so obvious that one would have thought the cost of the
change was the only obstacle to it. But while I did not hear much
about the danger of increased cost, I heard a great deal about the
danger of diminished dignity, if the District Magistrate lost either
half of his functions. After a battle of over half a century, we may
hope, however, that this grievance is now to disappear.
On the other hand, I found that the old scandals about the police had
survived Sir Andrew Fraser’s commission of inquiry (1902). Promotion
still went in practice by the number of convictions obtained, and
convictions too often depended on evidence derived by the police
from the accused themselves—so-called “confessions,” extorted by
means which, rightly or wrongly, were spoken of with horror among
the people, and even among Anglo-Indians. Between his arrest and
his sentence the prisoner was left in the hands of the police, and
at their mercy, thus giving them the opportunity of compelling him
to give evidence to his own detriment. Wherever I went in India I
heard the same complaint of the unscrupulousness and corruption of
the police. Some of the British police officers with whom I became
intimate, appeared to be experienced and sympathetic men, struggling
rather hopefully on the side of reform. But the pay of the ordinary
native policeman is so ludicrously small (from 8_s._ to 10_s._ a
month), even when the low scale of wages in India is considered,
that the constant temptation to extortion can hardly be resisted,
especially among a population so indifferent to this world and so
deferential to authority, that even the innocent will volunteer
bribes in hopes of being left in peace.
Public-domain text, read in full here on John Shaqi.
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