It doesn't look well for Englishmen to play bridge and other games of
cards for money in their Clubs and bungalows while the Burmese are
totally debarred. It smacks of self-righteousness. A good deal of our
rule does that now, and it does not tend to make it popular. In human
affairs there are a time and a place for things, but in law there is
only the absolute. Now the absolute is wrong. And if there is one
quality above another that is detestable it is self-righteousness. Our
laws tend to self-righteousness; our judges and officials are very
liable to succumb to that tendency. It is bad for a man to have to
deal continually with the seamy side of human nature; he can only keep
his mind sweet by continual touch with the other side. But in India
and Burma the ordinary official knows nothing of the other side. He
has no dealing with the people except in an official capacity. He
knows nothing of their ordinary life, their work, or their amusements.
He does not take an interest in the staple industries of his villages,
nor in the amusements of the people. Therefore he cannot see how bad
the laws are because he judges them _a priori_ and not in relation to
their effects on the people. The Indian Penal Code he knows, the
accused and the witnesses he does not know; the Village Act he knows,
the village organism he is hopelessly ignorant of. Therefore when
Government pass and enforce laws that do more harm than good he cannot
tell them what is wrong. Naturally, he must believe nothing is wrong.
Yet the whole Penal System of India is wrong. It is very wrong indeed.
I believe I could keep a district in greater quietness and peace if its
Criminal Courts were abolished altogether and I were allowed to use the
village organism in its proper form for preventing crime. For the
essential truth in dealing with crime, as with disease, is that it can
be prevented but can rarely be cured. However, I do not mean to say
that Criminal Courts, if they administered good laws and were
reasonably constituted, are bad things. They will in time be to crime
what hospitals are to diseases: places where the sufferer goes to have
his illness diagnosed and cured so that he come out a clean man whom
the community will be glad to welcome back. That a man who has once
been in gaol is for ever a social leper is the strongest condemnation a
system of criminal justice could receive.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account