Civil law embraces a great variety of suits besides suits for money,
and includes a great number of special laws. The harm that has been
done by fossilising Hindu, Mohammedan, and Buddhist law and custom has
been already mentioned; to enter further into these matters is
unnecessary. Once it is clearly recognised that the law and the Courts
require amendment, not in details but in fundamental principles, there
will be many better critics than I am. For although I have been
obliged to learn some law in order to do my work, I was never an apt
student of it. Humanity and justice are the only studies I really care
for. Law is mainly a denial of both. Therefore if the Government of
India and the local officials will but give up thinking that where law
and human nature disagree it is so much the worse for human nature,
they will soon find out where the present laws are wrong. But before I
close this chapter there is one further point I wish to mention, and
that is the trial of Burmese divorce suits by our Courts. Now that is
wrong, absolutely wrong, and indefensible in every way. The Courts are
not concerned with divorce. It is by Burmese custom and common sense a
purely village matter. Divorces can be given by the elders, and they
alone should be allowed to pronounce them. For they are sensible men,
and in such cases they act not as judges, but as neighbours. They will
grant no divorce till they have exhausted all means of conciliation.
They know the parties as no judge can know them; they know who is to
blame, how he or she is to blame, how the difference can be adjusted.
It is to their interest to smooth things down and prevent their getting
worse. Theoretically the breakers of marriages, they are in fact the
preservers of marriage. It is by their tact and common sense that
couples are kept together, and that only when matters become impossible
divorces are granted.
But a judge is different. He knows nothing, cares nothing, can do
nothing but listen to the complaint and grant the divorce. It must
legally be granted at the request of either party, remember. To allow
a judge to try divorce cases is a violation of Burmese law and custom,
and is another and deep injury to the village community. How and why
it was ever allowed I don't know. I suppose no one ever thought about
it. Divorces in England are granted by Courts according to English
law, therefore in Burma divorces can be granted according to Burmese
law. I suppose that was the argument--if ever there was any argument
at all.
In any case it is wrong. Divorces are properly granted by the elders
acting on behalf of the community, and by no one else. Therefore the
interference of the Courts should be immediately stopped.
But apart from this, the questions of marriage and inheritance are very
difficult. No alien Government can solve them. They must await a real
Council that can deal with such matters with knowledge and
responsibility.
CHAPTER VIII
THE VILLAGE
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