CHAPTER XXXI

WRONGDOING IN INDIA

The High Courts. The petty courts. Disappearance of the

school clock. Methods of Indian police; indignation of the

villagers; conduct of the police complained of; an inquiry

instituted; unsatisfactory result. Police torture leads to

concealment of crime. Detection of crime difficult in India.

Thieving. Serious moral wrongs. Successful concealment.

In the Indian High Courts justice is administered with extreme care,

and sentences are pronounced with a full sense of responsibility and

with complete impartiality, so far as it is possible to come at the

truth where a large measure of false evidence is almost sure to have

place in every case. Indians who have been raised to important

judicial positions have shown themselves fully competent to discharge

the duties of their office rightly, and have shown much legal

sagacity, together with the other special qualifications which go to

make a good judge.

But when you descend to the petty courts, the state of things is less

satisfactory. When everything is in the hands of a lower grade of

Indian officials, and European supervision is necessarily of the

slightest, influence and money and favour and luck have much to do

with the chances for or against the prisoner. In the tracking of

culprits and the gathering of evidence, and in all the preparatory

work in which police are engaged, it is to be feared that unlawful

methods are still practised, especially in the more remote country

districts. Some of the European police do not seem to take much

trouble to stamp out these abuses.

We had an opportunity of seeing something of the ways in which Indian

police try to discover an offender, after the disappearance one night

of the clock from the village Mission day-school. We informed the

_Patel_, or headman, of our loss, which was the correct procedure. He,

at leisure, held a sort of court of inquiry in the verandah of the

Mission bungalow; but as nothing transpired he, again at leisure,

reported the matter to the city police, and two men in plain clothes

were sent to make preliminary inquiries. Not being able to ascertain

anything definite, they began to put in practise their own methods of

extracting evidence. They caned a suspected boy in order to try and

get him to confess, and also one of his companions who they supposed

might know something about it. I myself saw the marks of the cane on

the boys. The punishment would not have been excessive supposing they

had been convicted of the offence. The police were also said to have

beaten a labouring man in order to extort a confession, because there

was a rumour that the boys had given the clock to him.

The village, usually friendly and easygoing, began to get much

exercised over these attentions of the police. The _Patel_, a foolish

and dissipated young man, found his liberty seriously curtailed by

having frequently to attend the City Police Court to report progress.

The village _Mahars_, or low-caste men, are liable to be called upon

amongst their other duties to serve as village constables. These men

were getting tired of having to act as escort to the boys and others,

who were being summoned daily to the court, often being kept waiting

there for the whole day. A large deputation of villagers arrived at

the Mission bungalow to protest, and my assurances that none of these

proceedings arose from any promptings of mine were only partially

believed.

We were left in peace for a week or so, and I hoped that the matter

was at an end. But the police woke up again, and set upon Bhau, the

son of the Mission gardener, on the ground that he cleaned the school

and thus had access to the clock. Bhau was not a particularly

estimable character, but having helped to clean the school for many

years, it did not seem likely that he should suddenly have taken it

into his head to steal an old clock. But it is a disturbing feature of

police inquiries in remote districts, that they feel that anything is

better than to let the crime pass into the category of offences the

perpetrators of which have not been discovered.

It was now the turn of Bhau and his relations to appear daily at the

city court. For a time no cruelty was perpetrated, until one afternoon

two police appeared in the village and beat Bhau in the village

_chowdi_, or place of assembly, and they ordered him to attend the

court again the next day. As soon as I heard what had happened, I was

naturally as indignant as the villagers, and went myself to the court

with the boy. I was quickly taken to the Hindu police inspector of the

district in which Yerandawana is situated. In him I found a courteous,

English-speaking Brahmin, who promised to come himself and look into

the matter. He did so, examined Bhau, asked various questions, and

promised that the conduct of the police should be investigated.

Meanwhile I had written a letter of complaint to the District

Superintendent of Police, and two inspectors, one a Mohammedan, the

other a Hindu, were sent to hold a formal inquiry. One of these men

revealed something of their methods, when engaged in collecting

evidence, by remarking to me that "a few slaps would not be of much

consequence, but that anything of the nature of cruelty must not be

allowed." It was only in response to my assertion that nothing

whatever of the nature of punishment must be used in order to obtain

evidence, that he said, "Of course not. It must be stopped

altogether."

The labouring man who was said to have been beaten was called to give

evidence. But unfortunately the policeman who was supposed to have

done this was sitting outside, and beckoning to him, got a word with

him before I realised what was taking place, and the man denied that

he had been beaten. I was glad to see that the inspectors showed real

indignation at this attempt to tamper with a witness. They were both

very polite, and in examining the village boys tried to copy our

paternal way of speaking to them, with rather comical results. When it

transpired that one of the boys was an orphan, the Mohammedan

Inspector said in English, "Oh dear! sad, sad," as if it was the first

case of the kind he had ever met with, and he recommended the boy to

seek refuge in the Mission orphanage.

Although they professed to be indignant with the police, and said that

they would be severely punished, I was not altogether surprised at the

nature of the report which they ultimately sent to the District

Superintendent, a copy of which was forwarded to me. It was

accompanied by a memorandum, saying that the charges appeared to have

been considerably exaggerated, but that the constable who was reported

to have "slapped" the boys had been "transferred to headquarters,"

whatever that might mean.

That irregular proceedings on the part of the police were only stayed

with difficulty by the force of English interference and emphatic

words and letters, suggests how hopeless may be the position of any

unhappy mortal in out-of-the-way places on whom the police choose to

father a charge. Many tales are told of the ingenious barbarities

still practised in the endeavour to extort confessions from suspected

persons, or unwilling witnesses, and it is to be feared that these

tales are not without foundation. The apparent tendency of some

English officials to make light of complaints, does not give much room

for hope that the evil system will be quickly eradicated.

Even supposing that torture was justifiable on the ground that it

leads to the detection of crime, the actual result is probably quite

the reverse. It certainly leads to false confessions. People in their

fear are tempted to say that they have done a certain thing, in order

to escape from present pain. It has often been urged that confessions

made by prisoners to the Indian police should not be accepted as

evidence, and this is a reform urgently needed. The trouble to which

the police subjected our villagers will not deter them from committing

offences, but it has convinced them, from the Patel down to the

Mahars, that if in the future there is any wrongdoing in the village,

anything is preferable to invoking the aid of the police. And that is

a serious result, because in an out-of-the-way village, if the Patel

takes no action, almost any crime, even murder, could be committed,

and the fact need never be known.

It should, however, be added that the detection of wrongdoers is

beset in India with peculiar difficulties. The presence of serious

crime in a certain locality may be a sufficiently self-evident fact,

and yet it may be years before it is brought home to its real authors.

The Western rogue often betrays himself by his clumsy efforts to

escape. The Eastern wrongdoer never commits this mistake. While the

police are searching for him far and wide, he is very likely all the

time living in their midst.

In the smaller sphere of a household or school, there is a similar

difficulty in discovering the real origin of some irregularity.

Thieving may go on in a certain bungalow; all kinds of people are

suspected, almost always the wrong ones; if the police are called in,

they generally lay the guilt on one of the poorer class of servants,

who in sheer fright at being accused, and with the dread of torture in

his mind, is almost ready to say that he is guilty. Innocent servants

are sometimes thoughtlessly discharged without character, only on

suspicion. Not unfrequently, even before the excitement has subsided,

fresh thefts occur, showing that the thief is still at large. And if

he is ever found out, which is not by any means invariably the case,

the chances are that he will prove to be somebody near at hand, who

was supposed to be above suspicion.

Serious moral wrongs may go on in an Indian household quite unknown to

most of its members, and so skilfully concealed that they may have

existed for years without suspicion. Even when the matter has

ultimately come to light, the head of the household is perhaps the

last to learn what nearly everybody else knew. Many Indian schoolboys

are ready enough to tell tales of each other concerning trifling

matters, and Indian school authorities unfortunately rather encourage

the habit, and the sneak does not get sent to Coventry as he ought to

be. But when something serious has happened which it is the duty of

the boys to report, it is rare to find amongst them one of sufficient

force of character to enable him to do so, and the unembarrassed

denial of any knowledge of the offence adds greatly to the difficulty

of detecting the offender. Though there are brilliant exceptions,

Christian principles rarely stand the test of truthfulness when really

serious complications have arisen. And the Indian story-teller so

seldom contradicts himself, and if he finds himself in a corner he

gets out of it so readily, that it is difficult not to believe him,

even when you have the strongest reasons for thinking that he is

deceiving you.

In a certain boys' school it was known that some evil influence was at

work, but it could not be traced to its root. When elder boys left who

were thought to be possibly the cause of the evil, it was hoped that

the trouble would cease. But several generations of boys passed out of

the school, and the evil influence remained. When its source was

discovered after some years, the clue was given by an almost chance

remark of a small boy. The person who had so long been a centre of

corruption had been so little suspected that, even after it had been

brought home to him, it was difficult to understand how he had been

able to secure concealment so effectually that no shadow of suspicion

was ever aroused.

India and the Indians · 第 31 / 47 章