And I think the general common sense of the community was with them.
No one has a right to tempt to crime and prosecute if the crime occurs.
But had accused been a Burman he would have got seven years without a
doubt. The Englishman got justice, a Burman would have got only law.
The Burmans are not blind, do not suppose it; they see this difference
well enough.
Nothing could demonstrate more conclusively how utterly out of touch
with the people the Courts are, how useless in preventing crime, than
the fact that every year Government in despair prosecutes, and either
holds to heavy security, or sends to gaol with hard labour for from six
months to two years (mainly two years), over two thousand persons who
are not only not convicted of any offence, but _are not accused of any
offence_. The exact number in 1910 was 2143.
This is done under the Preventive sections of the Criminal Procedure
Code, and anything more unjust, more useless, more provocative of crime
than this misuse of the sections it is impossible to imagine. The
legitimate use of these preventive sections is simple enough. They are
to meet the case of the police hearing that a crime, say a robbery, is
being planned, and that to prevent its occurring, the would-be
criminals may be called on by a magistrate to find security to be of
good behaviour.
But such cases are rare and the sections are misused. There are
general circulars in force obliging magistrates and police to use these
sections to their utmost. When officers are on tour they are enjoined
to demand at each village they visit if there are any idle or doubtful
characters about, and if so, to prosecute them. Pressure is brought to
bear on headmen to produce such characters, and they do
produce--everyone they have reason to dislike.
The evidence is all hearsay. Here is a summary:
_Question by Police_: Do you know Accused?
_Answer by Headman_: Yes.
_Q_. What sort of character has he?
_Ans_. A bad character.
_Q_. What sort of bad character?
_Ans_. Well, when B.'s headcloth was missing last year, Accused was
supposed to have taken it.
_Q_. You therefore consider him a thief?
_Ans_. Yes.
Three such witnesses, and if Accused cannot find substantial security,
away he goes to hard labour for two years. This has gone on for the
last twenty years. In 1910 one judge has actually opened his eyes wide
enough to see that it is a way of manufacturing criminals, and the High
Court go so far as to have "misgivings." But there it ends.
There are in Burma now probably 60,000 or more men who have been
deliberately made into criminals by Government. No wonder crime is bad.
What is to be done?
Public-domain text, read in full here on John Shaqi.
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