Let us go back therefore to the beginning, and see how things worked
then. The laws were few, were crude, were often bad. It must be
remembered that a hundred years ago the penal laws in England were the
most savage, the most useless, the most wicked the world has ever seen.
The law in India could not therefore be expected to be very good. But
previous to our rule there was no law at all generally. And these bad
laws of ours came to the people through the medium of personalities who
were for the most part intelligent and sympathetic. Moreover, there
was nothing like the number of cases then as now. The system now
obliges all cognisable crime to be reported even if petty in its
nature. In those days very little crime was reported, it was dealt
with by the village communities and never known to the Courts. There
were few pleaders; and a trial was really what it ought to be, an
inquiry into facts by a magistrate desiring to know them. The question
of personality came in a great deal, and whatever may be alleged of the
ordinary district courts of those days, they were human, they really
tried to be Courts of Justice, they tried to understand. The people
respected them. If they did not respect the law, at all events they
respected the magistrate who tried to do his best with it. They had an
admiration for his personality which went a long way.
Now that is all changed.
The law has been greatly improved. It has been codified by trained
legists; Lord Macaulay and Sir James Stephen were two of them, and it
is up to the standard of European codes. But, on the other hand, it
has been made absolute. There is a reign of law now, and there is no
person in the world who does not hate law when he sees it. The
personality that softened it in the old days has been ruled out. The
High Courts supervise all work and reduce it to a dead level of
uniformity. There is even a fixed scale of punishment sometimes. On
revision, cases are rejudged on the written evidence alone. Of course,
the case cannot be altered on revision, but the magistrate can be
admonished--and he is. All humanity is eliminated.
Therefore the Courts are despised and hated by the people, who misuse
them in every way they can.
Let us look into this matter.
In the first place, let me explode a common fallacy. It is frequently
said that Oriental people do not dislike crime, that they condone it,
that they have low standards in matters of current morality. Therefore
they are not anxious to have crime brought to justice as we are. They
are a bad lot, and the criminal being but a trifle worse than the
average they sympathise with him.
Public-domain text, read in full here on John Shaqi.
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