But who is going to draft the new laws? Not Government. Once bit
twice shy, and the Government of Madras had a try at that in Malabar.
There was urgent necessity there for some system of marriage
registration, so Government appointed a Commission which recorded
quantities of evidence, and framed a Report, on which an Act was
passed. It was supposed to be absolutely according to the wishes of
the people. I have not been in Malabar since the Act was passed, but
one friend has told me that three marriages were registered under it.
Another friend told me that this is a wild exaggeration, and that only
one marriage was registered under it, just that the people might say
they had not rejected the Act without trying it. However this may be,
the Act is a dead letter. It was bound to fail. The people find the
laws of Government already too stringent, interfering too much, and too
inhuman, even where they deal with matters outside the home. They will
never allow an alien Government a footing inside the house. They know
Government has destroyed the village; they fear it will destroy the
family. Therefore Government holds its hand. It cannot do otherwise.
For even if it could frame an Act in accordance with the wishes of the
people, that Act could not be enforced. And it cannot discover the
wishes of the people, because the people themselves don't know. The
opinion of no matter how many individuals is no true guide. Because,
to justify a new Act of inheritance, not individual opinion but joint
opinion must be known. They are not the same. Ten men as individuals
will tell you one thing; these ten men as a community would tell you a
different thing. This is a fact in psychology I shall have to refer to
again later. It is undoubted.
Now the joint opinion of Burmese society as to the proposed change
cannot be gauged, because it does not exist. There are no Burmese
communities to evolve any common idea. Therefore the archaic laws must
remain as they are.
Thus throughout India all progress of all sorts is barred; can you
wonder that there is unrest from this one cause alone?
And this feeling goes down to the very lowest ranks as an unnameable,
unanalysable fever and unhappiness; you see it everywhere.
Then there is more than this. A system of government and law that was
bearable when we were weak is unbearable when stronger. What gives you
help when young becomes a fetter as you grow. It bites into the flesh
like cords too tightly drawn, and in India instead of being loosed they
have been drawn more tightly year by year.
It is not only that the people have grown bigger, but the bonds of
government have grown narrower. It has grown more of a machine, less
human than it was, less human year by year, until sometimes now it is
almost inhuman in its rigid formalism. The bonds cut into her flesh;
India wants to grow, to rise--but cannot. How could it be but that she
should show unrest?
Public-domain text, read in full here on John Shaqi.
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