Forty-one years in India eBook

This eBook from the Gutenberg Project consists of approximately 1,042 pages of information about Forty-one years in India.

Forty-one years in India eBook

This eBook from the Gutenberg Project consists of approximately 1,042 pages of information about Forty-one years in India.

Further, our legislative system is based on western ideas, its object being to mete out equal justice to the rich and poor, to the Prince and peasant.  But our methods of procedure do not commend themselves to the Indian peoples.  Eastern races are accustomed to a paternal despotism, and they conceive it to be the proper function of the local representatives of the supreme Power to investigate and determine on the spot the various criminal and civil cases which come under the cognizance of the district officials.  Legal technicalities and references to distant tribunals confuse and harass a population which, with comparatively few exceptions, is illiterate, credulous, and suspicious of underhand influence.  An almost unlimited right of appeal from one court to another, in matters of even the most trivial importance, not only tends to impair the authority of the local magistrate, but gives an unfair advantage to the wealthy litigant whose means enable him to secure the services of the ablest pleader, and to purchase the most conclusive evidence in support of his claims.  For it must be remembered than in India evidence on almost any subject can be had for the buying, and the difficulty, in the administration of justice, of discriminating between truth and falsehood is thereby greatly increased.  Under our system a horde of unscrupulous pleaders has sprung up, and these men encourage useless litigation, thereby impoverishing their clients, and creating much ill-feeling against our laws and administration.

Another point worthy of consideration is the extent to which, under the protection of our legal system, the peasant proprietors of India are being oppressed and ruined by village shop-keepers and money-lenders.  These men advance money at a most exorbitant rate of interest, taking as security the crops and occupancy rights of the cultivators of the soil.  The latter are ignorant, improvident, and in some matters, such as the marriage ceremonies of their families, inordinately extravagant.  The result is that a small debt soon swells into a big one, and eventually the aid of the law courts is invoked to oust the cultivator from a holding which, in many cases, has been in the possession of his ancestors for hundreds of years.  The money-lender has his accounts to produce, and these can hardly be disputed, the debtor as a rule being unable to keep accounts of his own, or, indeed, to read or write.  Before the British dominion was established in India, the usurer no doubt existed, but his opportunities were fewer, his position more precarious, and his operations more under control than they are at present.  The money-lender then knew that his life would not be safe if he exacted too high interest for the loans with which he accommodated his customers, and that if he became too rich, some charge or other would be trumped up against him, which would force him to surrender a large share of his wealth to the officials of the State in which he was living.  I do not

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Forty-one years in India from Project Gutenberg. Public domain.