CIVIL v. CRIMINAL

[Prof. Dr. Yogendra Yadav]

Prof. Dr. Yogendra Yadav

Gandhian Scholar

Gandhi Research Foundation, Jalgaon, Maharashtra, India

Contact No. – 09415777229, 094055338

E-mail- [e-mail];[e-mail]

 

 

CIVIL v. CRIMINAL

 

 

 When a man willfully breaks his own laws, the disobedience becomes criminal. For he commits the breach not against himself but against someone else, and not only escapes punishment for the breach for there is none provided against himself by the maker of laws, but he avoids also the inconvenience caused by their observance. What is true of the individual is true of the corporation. At the present moment one observes this criminal breach by the Government of its own laws throughout India. Sections of the Penal Code and the Criminal Procedure Code are being freely abused.

And because non-co-operators refrain from questioning orders issued by officials, bare-faced illegalities are being committed by them with impunity. We have seen this in Bulandshahr, in Chittagong, all over Sind, and nowhere so systematically and so deliberately as in the Madras Presidency. Mr. Yakub Hassan has pointed out with great justification that his arrest and conviction are contrary to the spirit of the viceregal pledge. Indeed it is against not only the spirit of Lord Reading’s pledge but it is against the letter even of his predecessor’s communiqué in which it was declared in solemn tones that so long as non-co-operation remained non-violent there would be no repression. No one dare accuse Mr. Yakub Hassan of having incited to violence in his Tanojre address before an audience of picked representatives nor was any violence done in the Tanojre district as a result of his speech. The Magistrate in the case of Mr. Iyer of the Deshabhaktan actually admitted that there was not a trace of violence in the writing that was impeached and that it actually contained exhortations to non-violence. Mr. Ramasammy Iyengar, leading pleader of Coimbatore, has been arrested for a spirited letter to The Hindu though there was no violence in it. And so have Dr. Varadarajulu and Mr. Gopalkrishnayya been arrested for their speeches and writings, although it is known that they not only do not incite to violence but that theirs is actually a restraining influence in the face of provocation. Is it any wonder if one infers from this campaign of repression an intention on the part of the Government to invite violence? In not one of these cases I have mentioned has there been any outbreak of violence as a result of the speeches and writings concerned. And so we see that the Government is guilty of criminal breach of its own laws. And what legal remedy has the afflicted individual against the Government?

There is certainly no sanction provided against the Government in law when it prostitutes the law itself to its own base ends. When therefore a Government thus becomes lawless in an organized manner, civil disobedience becomes a sacred duty and is the only remedy open especially to those who had no hand in the making of the Government or its laws. Another remedy there certainly is, and that is armed revolt. Civil disobedience is a complete, effective and bloodless substitute. And it is as well that by exemplary restraint and discipline in the way of submission to unjust and even illegal orders we have created the necessary atmosphere for civil disobedience. For thereby on the one hand the tyrannical nature of the Government has been made more manifest, and on the other by willing obedience we have fitted ourselves for civil disobedience. It is equally as well that civil disobedience is being confined even now to the smallest area possible. It must be admitted that it is an abnormal state, even as a corrupt and unpopular Government should be in civilized society like disease an abnormal state. Therefore, only when a citizen has disciplined himself in the art of voluntary obedience to the state laws is he justified on rare occasions deliberately but non-violently to disobey them, and expose him to the penalty of the breach.

If then we are to achieve the maximum result in the minimum of time, whilst fiercest disobedience is going on in a limited area, perfect submission to the laws must be yielded in all the other parts so as to test the nation’s capacity for voluntary obedience and for understanding the virtue of civil disobedience. Any unauthorized outbreak of disobedience, therefore, in any part of India will most certainly damage the cause and will betray an unpardonable ignorance of the principles of civil disobedience. We must expect the Government to take the strictest measures to suppress this impending defiance of authority, for on it depends its very existence. Its instinct of self-preservation alone will actuate measures of repression adequate for suppression. And if it fails, the Government of necessity disappears. That is, it either bends to the national will or it is dissolved. The greatest danger lies in violence breaking out anywhere by reason of provocation. But it would be wrong and unmanly to invite the sternest measures and then to be incensed against them, apart from the fact that it will be a breach of our solemn pledge of non-violence.

I may be arrested, thousands who take part in the peaceful revolt may also be arrested, imprisoned, even tortured. The rest of India must not lose its head. When the proper time comes, the rest of India may respond by undertaking civil disobedience and inviting arrests, imprisonments and tortures. It is the sacrifice of the innocent we want to make. That alone will appear pleasing to God. And therefore, on the eve of the great battle to nation is embarking upon, my earnest exhortation to every non-co-operator is to fit himself for civil disobedience by fulfilling to the letter and in the spirit the conditions of civil disobedience laid down at Delhi, and to ensure non-violence everywhere. Let us not be satisfied that we remain non-violent individually. We boast that non-co-operation has become universal in India. We boast that we have acquired sufficient influence even over the unruly masses to restrain them from violence. Let us prove true to our claim.