The Gandhi-King Community

For Global Peace with Social Justice in a Sustainable Environment

Prof. Dr. Yogendra Yadav

Gandhian Scholar

Gandhi Research Foundation, Jalgaon, Maharashtra, India

Contact No. – 09415777229, 094055338

E-mail- dr.yogendragandhi@gmail.com;dr.yadav.yogendra@gandhifoundation.net

 

 

A MODEL PRISONER

 

 

Should non-co-operators shout Vande Mataram inside jails against jail discipline which may excite ordinary prisoners to violence, should non-co-operators go on hunger strike for the improvement of food or other conveniences, should they strike work inside jails on hartal days and other days? Are non-co-operators entitled to break rules of jail discipline unless they affect their conscience? Such is the text of a telegram I received from a non-co-operator friend in Calcutta. From another part of India when a friend, again a non-co-operator heard of the indiscipline of non-co- operator prisoners, he asked me to write on the necessity of observing jail discipline As against this I know prisoners who arc scrupulously observing in a becoming spirit all the discipline imposed upon them. It is necessary, when thousands are going to jail, to understand exactly the position a non-co-operator prisoner can take up consistently with his pledge of non-violence. Non-co-operation, when its limitations are not recognized, becomes a licence instead of being a duty and, therefore, becomes a crime.

The dividing line between right and wrong is often so thin as to become indistinguishable. But it is a line that is breakable and unmistakable. What is then the difference between those who find themselves in jails for being in the right and those who are there for being in the wrong? Both wear often the same dress, eat the same food and are subject outwardly to the same discipline. But whilst the latter submit to discipline most unwillingly and would commit a breach of it secretly, and even openly if they could, the former will Willingly and to the best of their ability conform to the jail discipline and prove worthier and more serviceable to their cause than when they are outside. We have observed that the most distinguished among the prisoners are of greater service inside the jails than outside. The coefficient of service is raised to the extent of the strictness with which jail discipline is observed. Let it be remembered that we are not seeking to destroy jails as such. I fear that we shall have to maintain jails even under swaraj. It will go hard with us, if we let the real criminals understand that they will be set free or be very much better treated when swaraj is established. Even in reformatories by which I would like to replace every jail under swaraj, discipline will be exacted. Therefore, we really retard the advent of swaraj if we encourage indiscipline. Indeed the Swift programme of swaraj has been conceived on the supposition that we being a cultured people are capable of evolving high discipline within a short time. Indeed whilst on the one hand civil disobedience authorizes disobedience of unjust laws or unmoral laws of a state which one seeks to overthrow, it requires meek and willing submission to the penalty of disobedience and, therefore, cheerful acceptance of the jail discipline and its attendant hardships.

It is now, therefore, clear that a civil resister’s resistance ceases and his obedience is resumed as soon as he is under confinement. In confinement he claims no Privileges because of the civility of his disobedience. Inside the jail by his exemplary conduct he reforms even the criminals surrounding him; he softens the hearts of jailors and others in authority. Such meek behaviour springing from strength and knowledge ultimately dissolves the tyranny of the tyrant. It is for this reason that I claim that voluntary suffering is the quickest and the best remedy for the removal of abuses and injustices. It is now manifest that shouts of Bande Mataram or any other in breach of jail discipline are unlawful for a non-co-operator to indulge in. It is equally unlawful for him to commit a stealthy breach of jail regulations. A non-co-operator will do nothing to demoralize his fellow prisoners. The only occasion when he can openly disobey jail regulations or hunger-strike is when an attempt is made to humiliate him or when the warders themselves break, as they often do, the rules for the comfort of prisoners, or when food that is unfit for human consumption is issued, as it often is. A case for civil disobedience also arises when there is interference with any obligatory religious practice.

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