22. The enforcement of contracts.
Again the introduction of the English law of contract and transfer of property, and the increase in the habit of litigation have greatly altered the character of the money-lending business for the worse. The debtor signs a bond sometimes not even knowing the conditions, more often having heard them but without any clear idea of their effect or of the consequences to himself, and as readily allows it to be registered. When it comes into court the witnesses, who are the moneylender’s creatures, easily prove that it was a genuine and bona fide transaction, and the debtor is too ignorant and stupid to be able to show that he did not understand the bargain or that it was unconscionable. In any case the court has little or no power to go behind a properly executed contract without any actual evidence of fraud, and has no option but to decree it in terms of the deed. This evil is likely to be remedied very shortly, as the Government of India have announced a proposal to introduce the recent English Act and allow the courts the discretion to go behind contracts, and to refuse to decree exorbitant interest or other hard bargains. This urgently needed reform will, it may be hoped, greatly improve the character of the civil administration by encouraging the courts to realise that it is their business to do justice between litigants, and not merely to administer the letter of the law; and at the same time it should have the result, as in England, of quickening the public conscience and that of the moneylenders themselves, which has indeed already been to some extent awakened by other Government measures, including the example set by the Government itself as a creditor.