Part 9

When once the necessity is recognized of revising the programme in the light of these comments, which are being made throughout the country, it will not be difficult to find out in what directions the programme has not achieved the expected success and the reasons for the same. For instance, the boycott of schools and colleges have not succeeded and even persons, of known and undoubted loyalty to the cause, complain that the action of Congress workers has caused more harm than good. They concentrated too much on the disruption of existing institutions and less on the creation and maintenance of new ones on "national" lines. They forgot that a student cannot be left idle in the street and that, if the Congress must call him out, it can only be after it has provided for him a good substitute. In Bombay we let pass the psychological moment when we could have founded and reared up an excellent college with various branches. Public enthusiasm was ripe for it in the early part of the year, but we let it evaporate in declamation and emotional exaltation. Some went so far as to suggest that it was no part of the Congress programme to start national Colleges though the terms of the Congress Resolution specially provided for it. 50000 boys are out in idleness, says Sir Ashutosh Mukherji, some may glorify in this catastrophe, but there are many who regard this disruptive event with sad dismay. We have experimented too much in youthful sacrifice. Our youth have reciprocated with more love and tenderness than we have shown for their welfare. The few good institutions which Congress workers have created, are suffering from our neglect and apathy and dragging a weary existence. The shadow of a name has, very often been pursued, to the abandonment of the substance, and we now find a large number of boys in the country, who are practically loafing in the streets, with a vague ambition "to do something patriotic".

The Lawyer-Failure

Our ban on lawyers has, likewise, not attained much success. Few lawyers, whose sacrifice of their practice has added strength to the Congress cause, have responded to the call. The prestige of British court in _civil_ Suits between an _Indian and Indian_ has not been destroyed and can not be so easily destroyed; for, ordinarily this variety of legal contests is not much colored with injustice, as political trials are. If lawyers had been called out, because, being a trained class of workers, the country wanted their undivided time and attention at this critical hour, it would have been a different matter, and, perhaps, if the call had been so made many, many more would have responded to it. But it was put the wrong way, and the lawyer was made to appear as if, in pursuing his profession, he was acting sinfully and must atone for it by a complete withdrawal from practice. The result was that, out of sheer self-respect, many really good lawyers have declined to respond to the call. Many could not give up their practice for pecuniary reasons and were too honest to adopt subterfuges calculated to create a semblance of sacrifice. Lawyers have become "pariahs" of our present political life. Some of them had borne the brunt of public agitation for more than two decades; their place is vacant and no class of workers of equal intelligence and keenness has come forward to take it.

A Foul Atmosphere

This part of the Congress programme has created a foul atmosphere of hypocrisy, intolerance, imposture and conceit in the Congress Camp, in which modesty, self-respect, and honesty often time find it hard to hold their place. In our enthusiasm, we forget that many lawyers value their profession for the training it affords in courage, truthfulness, honor and toleration. No other profession trains a young man so well to withstand and expose injustice and to uphold the tradition of truth and honor. Our past political history of thirty-three years is a brilliant record of the services rendered by lawyers to the Congress cause. If a greater sacrifice than before was needed now on their part, a direct call on their self-respect and patriotism on this footing should have been made, but no good has arisen from putting the lawyer under the ban of ridicule and infamy. The call made upon them was singularly harsh. No other class of public workers was required to give up his means of livelihood. The importing merchant supports British prestige as much as, if not more than the lawyer and yet he stalks unabashed in the Congress camp without closing his shop. No ban was put on litigants, without whom the lawyer cannot thrive. I am therefore, surprised that notwithstanding so much hardship, so many lawyers have come out and are to be found in the vanguard of the movement. The few courts of justice, we called into existence have not had enough support and are a mockery.

Revise the Programme

The failure of these parts of the programme is now practically admitted and they are now pushed into the background. It would be better if, in revising the programme in the next Session of the Congress, these limbs, which have ceased to function or respond to the laws of our growth, are boldly amputated. In any event, they make clear the necessity of a revision, so as to render the programme more effective, elastic and practical.

Enter the Councils

The fight requires to be carried on in manifold ways. Some may carry it in the Councils, face to face with the officials. Why cannot "Non-Co-operation," in its proper sense, be practised in the Councils? Sir P. M. Mehta, when he left the Council Hall with his colleagues on a memorable occasion when he, face to face with the then home member, mercilessly uncloacked the preposterous pretensions of the bureaucracy, was fighting with weapons and a spirit which many Non-Co-operators of the true and accredited brand may envy in these days. If Non-Co-operation is an _attitude_ of the mind, as its eminent author conceives it, and not so much a programme or a creed, a Council Hall is as fitting a place for its display as a mass meeting in a Marwadi Vidyalaya. The spirit resides in the mind and is independent of the environment. It is no ground to say that, often times, the environment frightens a weakling, for we do not build our doctrines only on the possibility of men being weak and timid.

N.C.O. Concession

We have already departed from the original rigor of our programme in this behalf. A Non-Co-operator can now compete at Municipal elections. He can offer advice to Government in or outside private interviews. Non-co-operator papers do report the proceedings of the Legislative Bodies, comment on them, and suggest remedies for the benefit of the Government. Scarcely a non-Co-operator now-a-days speaks without referring to gubernatorial utterances and orders in Council. He comments on the policies of Government, suggesting remedies as he goes on with his comments. Several lawyers in Bombay, who are still in practice, are now allowed to occupy prominent places as speakers at Non-Co-operation meetings. This is as it should be, for we cannot afford to ignore or despise, in the stinted state as our resources, the co-operation of any honest workers, prepared to make a sacrifice commensurate with his capacity. This is all done now silently and as a concession. My plea is for making the programme so wide, elastic and natural, as to turn these concessions into acknowledged rights. The Congress Creed calls upon us to obtain Swaraj by all legitimate and peaceful means. All weapons, all avenues of work and all manner of public workers are enjoined on us, for the attainment of the common end. Why set up ascetic standards, unpractical tests, and unnatural bans, which may often let in the dishonest but keep out the honest man, whose co-operation, even with a difference, is often worth loving. The programme may become theoretically less perfect, perhaps logically less consistent, but it will certainly be more natural, real and effective.

Suggested Modifications

The exact form of the modification must be left to future discussion. I would, therefore, suggest as follows:

(1) That foreign propaganda, so summarily put an end to at the last Congress, be resumed and if possible extended within proper bounds. The Indian view has to be put forward before the civilised world. This is an urgent need of the hour. The Government are doing it from their own point of view, and we ought to do the same from ours.

(2) That the time limited be abandoned, for reasons mentioned in para 25 below.

(3) That the elections to Legislative Bodies, whenever a chance should occur, should be contested perhaps with the limitation, that in the Provinces, unless complete autonomy is introduced, Congressmen should not accept office under the present system of Government. This may be, if so desired, made conditional on Government agreeing to dissolve the present Bodies.

(4) A large modification of the educational boycott, including the total abrogation of the compulsory part of it. Attention should be concentrated more on the creation of national institutions than on the withdrawal of students as a set propaganda. When such institutions are projected, and some of them actually in existence, and they compete favorably with state aided institutions, I have no doubt that sufficient impulses have been generated in the country to secure the exercise of the option in favor of the former. Side by side with this, an intensive propaganda should be carried on in the Councils and outside, having for its object the popularisation of the Universities by a change of the Act governing them, and also the "nationalisation" of the existing system of state-aided education, so as to bring it into greater accord with the present-day requirements and aspirations of the people. To me, it seems to be such a pity that we have deserted this avenue of agitation, to be feebly utilised by a few persons in the present Councils, struggling against an unsuitable environment. Nine crores, which is nearly the total output on State education, we are not in a position to despise, and it seems wrong to wait for this reform till complete Swarajya is attained, which may or may not be for some time yet. Considerable harm has been done to the cause of education by the exclusion of this avenue work from the programme of Congress activities. The fate of primary education in the Bombay presidency will clearly illustrate the point I am making.

(5) A large modification of the ban against lawyers, so as to admit of several grades of sacrifice from complete abstention from practice to a giving up of the entirety or a part of the earnings. A way should be found for getting as many lawyers as possible to work in this movement provided they are prepared to give the cause at least a part of their time or money. The Congress ought to modify its call, so as to make it possible for all honest-minded lawyers to bear the burden of the country's cause, commensurate with their capacity to sacrifice.

Similarly, in the matter of conducting defences in British courts, some curious departure have come to be made from the strict Congress rule. These departures only indicate that, in its operation, the rule has been found unpractical and irksome. Congressmen are not to engage pleaders nor offer a defence with legal aid. They are simply to make a "statement." A statement is as much an aid to the administration of justice as a lawyer-made defence, and in so far, it equally supports the prestige of British courts. Only, it has the disadvantage of being prolix and unconvincing. It, therefore, fails of its mark more often than a lawyer's defence.

Who can urge that the long and interesting statements made by the Ali Brothers and their co-accused, in the trial at Karachi were out of place? Yet they had all the features of a lawyer-made defence, as an aid to the court. The evidence was discussed, legal objections raised, relevancy commented on and the prosecution evidence answered. All this assistance was given to the court, helping it to arrive at truth and justice, precisely in the same way as a practising lawyer aids judicial administration.

If a statement is permitted, why cannot a lawyer be employed in Court to make it more convincing and exculpatory? A statement must be based on facts, and these facts become material only when proved. On what rational grounds can, therefore, a statement permitted and yet the material evidence supporting it disallowed? It is no answer to say that the statement is meant for the guidance of the _Swaraj_ Courts when the same are established, for when that eventuality happens, a statement supported by evidence will be any a better help to these Swaraj Courts than a mere statement? It is obvious that no Swaraj Court will liberate a man merely on his own statement, without further inquiry.

Civil Disobedience

We are on the eve of Mahatma Gandhi undertaking an important part of his programme by starting Civil Disobedience in a district in Surat. It is very difficult to offer any useful comment on this undertaking because beyond the general lines, his programme in its detail is not yet before the Country. We can only hope that the resistance to law will not be so undertaken as to be widely interpreted as a sort of charter for general lawlessness. That would be a catastrophe for which the country is not prepared. This seems also to be Mr. Gandhi's opinion, for he has very prudently circumscribed the practice of the resistance with very severe restrictions, involving a moral and economic preparation. To disobey specific orders of Government or their officials, which have no moral sanction behind them or are illegal in their inception, is a comparatively easy matter, fraught with no far-reaching harm to the community. The disobedience, in such a case commands the moral approval of the civilised community, and ends only by affecting the prestige of the promulgator of the order. But when a campaign is undertaken involving a wholesale and general defiance of order and authority, forces may arise, which, in the hands of inexperienced and enthusiastic associates or partisans, may reach extreme limits, involving the community in chaos, disorder and possibly violence. The country has had only a year's training in his (Mr. Gandhi) counsels of non-violent resistance--far too short a period for his countrymen to imbibe his spirit, in a manner worthy of his teaching. May we, therefore, hope that in launching on this undertaking he will seriously consider this aspect of the case? We shall of course, watch his experiment but with concern and solicitude, feeling secure in the hope, created by his magnificent personality, that in his hands the destinies of the country are perfectly safe.

APPENDIX VII

Extracts from the speech delivered by His Excellency Sir Harcourt Butler, Governor of the U. P. of Agra & Oudh, at the opening of the U. P. Legislative Council,

_Lucknow, 22nd January, 1921_

Mr. President and Members of the Legislative Council,

"Great efforts have been made to draw away young men from schools and colleges and to induce professional men to give up their careers. Great efforts have been made to prevent voters from going to the polls. But these efforts have met with little success. The elections have undoubtedly given the province a really representative legislative council. The chief opponents of the reforms have shown by word and act that their aim is not the ordered development of political institutions in India but the expulsions of Western civilization from India--a course involving the reversion to the condition of disorder, lawlessness and internecine strife such as prevailed in the unsettled times before the advent of British rule."

"The tenantry were widely stirred up. The criminal classes took advantage of the occasion and serious trouble ensued in which there was regrettable loss of life. A full report on the Rae Bareli disturbances will be published within a few days. It was fortunately possible to restore order without calling in military aid from outside, and for this I have already congratulated the local authorities and others concerned. Statements, I may say that all reports from both Rae Bareli and Fyzabad indicate that the tenantry are actuated by no hostility to Government or to Europeans. The agitators have endeavoured to stir up such hostility."

"As for my Government I have chosen as colleagues without favour strong and independent men. They will have my complete confidence in all matters, and it is my desire that we should work together as far as possible as one Government. I shall endeavour to secure that we all, Europeans and Indians, work together on harmonious lines as brother-subjects of the King-Emperor; and I pray that the Reforms Scheme which we are commencing to-day will and largely and effectively to the well-being and happiness of this ancient land of Hindustan."

APPENDIX VIII

Extracts from the speech delivered by His Excellency Sir Harcourt Butler at a meeting of the United Provinces Legislative Council

_28th March 1921_

Mr. President and Members of the Legislative Council,

"The recent disorder in Rae Bareli has necessitated a further reconsideration of the question. Whereas the former disorders in Rae Bareli were largely agrarian in origin the recent disorders were mainly political in origin and wholly revolutionary".

"The result of the disorders has been an unfortunate loss of life, for which the agitators are directly responsible, and a feeling of insecurity which if unchecked may spread with untoward results, affecting innocent and guilty alike. Confronted with an elemental question as to the maintenance of order, my Government came unanimously to the conclusion that it was necessary to stop the campaign of unconstitutional agitation and lying, _propaganda_ which has been carried on the four south-eastern districts of Outh--Rae Bareli, Partabgarh, Sultanpur and Fyzabad. We therefore applied to the Government of India to extend the Seditious Meetings Act to those four districts. This has been done".

"I believe that this action will have the support of this Council and of responsible people generally in this province. With the non-co-operators we can have nothing to do beyond meeting their mischievous activities. Their movement is a revolutionary movement playing on passion and pandering to ignorance but the mass of people are loyal and all their interests are bound up with the maintenance of order."

APPENDIX IX

Extracts from the speech by His Excellency Sir Harcourt Butler at a Durbar held at Lucknow

_17th December 1921_

GENTLEMEN,

I am glad to have this opportunity of meeting you to-day, in formal assembly, and to outline to you the policy of the Government.

My Government was accused some months ago of being repressive. I have met that charge completely with facts and figures and proved that the Government has acted with due patience in spite of deliberate and repeated provocation. It has dealt with agitation under the ordinary law and has maintained order and security with reasonable success. Of late the agitators, whose openly avowed object is to make Government impossible, have entered on a campaign of increased activity. Quite recently the Government received reports from several quarters foreshadowing lawlessness and disorder. The Collector of Meerut reported that civil disobedience had been openly preached at the District Congress at Garhmukhtesar, that cloth shops were picketed, that agitation was plainly on the increase, and that everything looked like working up to a climax at an early date. The Commissioner of Fyzabad reported that the situation was menacing in the Bara Banki district where the Deputy Commissioner could not appear without being hooted and the loyal section of population were frightened and disheartened. A speech was delivered in which the audience was asked by a political fanatic whether they would agree to murder the Deputy Commissioner and they replied with one voice that they would. The Commissioner also reported that things were menacing in the Tanda sub-division of the Fyzabad district. At Gonda regular volunteer corps had been instituted with officers. From Cawnpore and Etawah reports came of a recrudescence of criminal intimidation. In Ballia the people were asked to prepare themselves for killing and being killed. Alarming reports were also received from Saharanpur, Aligarh and Gorakhpur.

Now all these reports reached the Government within three or four days. It was quite clear that we were on the verge of serious and widespread trouble. The Government decided, and decided unanimously, to apply the Criminal Law (Amendment) Act of 1908, part II, to the whole province at once and to issue instructions to Commissioners and District Officers to take all measures under the law necessary for the preservation of order and protection of loyal and peaceful citizens. This was followed by an open defiance to the Government signed by over seventy individuals in the _Independent_ newspaper. As you are aware the ringleaders have been arrested. I do not propose to deal with individual cases; some of them are still under trial. I will only say this, that all the reports I have received from different parts of the province show that the action taken has had excellent result and has restored confidence to loyal and peaceful people. Indeed, there is a feeling of general relief. The Commissioner of Fyazabad reports "There has been a great improvement since I last wrote. The police who had resigned are now applying to be taken back." The Commissioner of Agra writes "The present Government policy appears to be generally welcomed." The Commissioner of Gorakhpur says "There is no doubt that the moderate party not only welcome the arrests but in some cases are jubilant over them." The Commissioner of Meerut reports that the action taken had "been hailed by all loyal persons with the greatest relief." He adds "our friends and the much harried police are in much better hearts and non-co-operator is no longer looked upon with dread by them." The Commissioner of Lucknow attributes the settling down of the Hindu population and especially the cultivating classes largely to the recent action of Government. A re-assuring report has come from Aligarh. The situation is still critical; but, I think, that it is well in hand, and I am convinced that if a policy of firmness is pursued and pursued steadily for some time we may reasonably hope to break the back of a conspiracy which openly avows its intention of trying to do away with Government and openly defies the law of the land.

Consider the position, gentlemen; What have the Congress and _Khilafat_ movements done? _Satyagraha_, which Mr. Gandhi himself pronounced to be a "Himalayan blunder" ended in disgrace. The attempt to boycott colleges and schools failed signally. It did not affect in this province one per cent of the students and scholars. The attempt to boycott the law courts was wholly unsuccessful. The appeal to surrender titles given by and offices held under the Government fell on deaf ears. The efforts to seduce soldiers and policemen were almost in vain. But with each successive failure, they have sown wider the seeds of racial hatred and the spirit of lawlessness. The results cry out against them and their work. Their hands are dripping with innocent blood; and the cries of ruined homes and ravished women have gone up to heaven. This is the end of the idea of self-Government attained by non-violent revolution, an idea wholly fantastic and chimerical.