The Issue

Is it possible under these circumstances to come to any conclusion other than that reached by the Government of India, that the issue is no longer between this or that programme of political advance, but between lawlessness and all its dangerous consequences on the one hand, and on the other hand, the maintenance of those principles, which lie at the root of civilised Governments.

In Bengal civil disobedience has already taken the form in a number of districts of a refusal to pay the "chaukidari" tax, and I have already received complaints from landholders that tenants are refusing to pay their rent throughout the province.

A general spirit of contempt for authority and defiance of law and order is being fostered. Well, respect for lawful authority and a general willingness on the part of the people to observe the law are the pillars upon which the very existence of society rests. If these be cut away, society fall into the abyss of anarchy and is shattered. It is recorded of a famous figure in history that he fiddled while Rome was burning. The story is one which is not without its moral for the present day.

APPENDIX XV
Extracts from the speech of the Hon'ble Sir Henry Wheeler, Member in charge of Political Department

What is the situation with which we are faced? It is the outcome of a movement which, in pursuit of certain political aims, has resulted in every province in India in bloodshed, disorder and confusion. A concise picture of the all India situation is contained in the report of the committee which recently inquired into the working of certain laws at Simla, and from it I quote their conclusion:—

Taking into consideration all the evidence we have received and the points to which we have adverted and bearing in mind the still prevailing economic discontent, we cannot dismiss as improbable the danger of sudden sectarian, agrarian or labour disorder on a large scale culminating in riots.

They give instances of what they call 34 notable cases of disorder which have occurred in India during the current year. That is, most briefly, the position in India as a whole.

Let me now give a few illustrations of the position in Bengal, with which we are more particularly concerned, for it is perhaps apt to be overlooked that the whole problem does not centre round Calcutta alone. There is outside this city this vast Presidency of 40 millions people, and the difficulties in the mufussal are just as acute as here. To cite an example—in the district of Rangpur we have lately had reported an organisation of volunteers under a district captain and four vice-captains, definitely named, supported by two subordinate officers in each thana and a regular budget and funds, which, in addition to the better known objects of the non-co-operation movement, had set before itself the following five aims.—

  1. The organisation of volunteers to be ready for civil disobedience;
  2. the preparation of the people to abstain from payment of chaukidari and union board tax;
  3. the preparation of the tenants to refrain from paying rents;
  4. the preparation of the people to boycott the thana and the law courts;
  5. to boycott higher grade police and other officers especially with regard to foodstuffs, and if as a result of this the Government start their own store and make local arrangements it is felt that it will be possible to place difficulties in the way of transport.

This last line has in fact been taken and the Collector had to improvise supplies of food to various thanas and registration office. The Council will have noticed the use of the term "civil disobedience," and in two other districts—namely, Noakhali and Faridpur—we have had the usual phenomena of a little knot of men forming themselves into a committee and saying: "We will have civil disobedience." What is civil disobedience understood to mean? Lest it be thought that it is merely an abstract subject for discussion, say, in a newspaper article, let me refer to an interesting definition of the term which we have recently had from a neighbouring province. The president of a meeting there lately outlined civil disobedience in the following terms:—

A notice calling upon Government to grant Swaraj within seven days will first be served upon the chief civil officer present in the locality selected for civil disobedience. Subsequently the residents of the particular locality will be directed to disobey all orders and laws of Government and to refuse to pay taxes, register documents, etc. At the same time police stations and courts will be surrounded and the officials told to deposit their uniforms and other badges of office. Thereafter police-stations and courts will be treated as Swaraj property. That is a position which, I put in to the Council, can be summed up in one word, "anarchy." That is the civil disobedience which is being preached, and which, if we are to believe the three speeches which we have just heard, is a little excitement which, in the words of one speaker, can be disposed of by a "flick of a handkerchief."

Now, Sir, I could carry on these examples from the mufassal to Chittagon, which has been in a state of disturbance and agitation since April last, and to Howrah where disturbances have been intermittent throughout the year, culminating in firing in the streets and in the death of a policeman. But the chronicle is too long, and I pass to Calcutta, where the remarks of His Excellency have fortunately shortened my task. We are all aware that the incessant stream of inflammatory oratory and agitation in Calcutta culminated on the 17th November in a paralysis of the life of the city and I was even surprised, when refreshing my memory as to those events, to see how openly what was done was gloried in by the leaders of the non-co-operation movement as having been done by their orders and direction. They were good enough to define in their instructions who might go about the streets and who might not, I have seen the statement that by the kindness of the Congress and the Khilafat committees certain shops would be allowed to open at 12 noon. There has never been any attempt to conceal the fact that the town was at that time, in the view of the non-co-operators, subject to their orders—subject by the processes of intimidation with which we are well acquainted.

Now if that was the position—and I submit that this is a correct statement of the position—Government was obviously confronted with the question of what they were to do. Was this state of affairs to continue or was it to be checked? We were approached on all sides, in this Council and by such responsible bodies as the British Indian Association, to intervene and to restore some measure of law and order in a condition of things which was fast drifting to chaos. In these circumstances we took the measures of which the Council is well aware, namely, to declare certain associations to be illegal, to introduce the Seditious Meetings Act in one district and prohibit by order of the Commissioner of Police, meetings and processions in Calcutta. I put it to the Council that short of these measures it would not have been possible to comply with the urgent requests so reasonably made to us from so many quarters to intervene in the interests of decent administration. That is the issue which is before the Council. Is it or is it not a fact that on the 17th of last month the people of this city were disgusted with the state of affairs and the prevailing terrorism? Is it or is it not a fact that constant pressure was brought to bear on Government by all sections of the people to bring about a better state of affairs? Can it in truth be said that the action of Government in attempting to curtail the activities of the gentlemen to whom the excitement is due has gone beyond the necessity of the case? If so, what is the alternative which the Council would place before Government? Of that, however we have heard singularly little, except from Babu Surendra Nath Mallik, who advises us to withdraw all our orders, release prisoners, reduce sentences and place on their trial the military and the police—a solution which, I trust, will not commend itself to the better sense of the Council....

APPENDIX XVI
BEHAR AND ORISSA

The Speech of the Hon. Mr. Macpherson, Member of Government, at the meeting of the Legislative Council Patna,

24th January 1922

Sir, I desire to intervene at this stage of the debate, because I think it is proper that the House should know what the facts of the situation are before they make speeches and commit themselves to views which I hope they will be prepared to change after they know what the facts of the situation really are. I must ask your indulgence, if I find that what I have to say on this important occasion will take me beyond the usual time limits.

This is not the first occasion on which the Government of Behar and Orissa have explained to the public their attitude towards the non-co-operation movement and their reasons for the action taken on the 10th December last, which forms the subject of this Resolution. As the council is well aware, His Excellency the Governor received, a few days after that date, an influential deputation of Council Members and explained to them under what circumstances Government had been forced in defence of the public safety to take action under the criminal Law Amendment Act. An account of that deputation was published in all the newspapers which are commonly read in this Province and I trust it has been carefully perused by all the members of Council. I shall be pardoned if, when I come to discuss the expediency of action taken by Government, I go over again the ground covered by the communique which was issued on that occasion.

What was the position with which the Local Government were faced in the beginning of that month? During the past twelve months they have seen these associations growing in number and boldness, spreading unrest throughout the public life of the Province, poisoning and confusing the minds of simple people, interfering with liberty of action, and not infrequently having to resort to force in order to compel obedience to their mandates. I have here a long list of cases in which persuasion was supplemented by force, sometimes force of a very disgraceful kind but I will not worry the Council by citing instances. This Province was not alone in these experiences, the organization of a volunteer revolutionary army was proceeding apace in neighbouring provinces also. The danger was being gradually realized by the Government of India and by other Local Governments, and before the end of November action under the Criminal Law Amendment Act had been taken by the Governments of the Punjab, the United Provinces Delhi, Bengal, and Assam. The Government of Bihar and Orissa stayed their hand till further inaction would have been criminal folly. The two circumstances which brought matters to a head in this province were

  1. the immediate imminence of the introduction of the civil disobedience movement, particularly in the Tirhut Division, and,
  2. the intensive preparations which were being made to organize a hostile hartal in Patna City against the visit of His Royal Highness the Prince of Wales on the 22nd and 23rd December. I know that certain local non-co-operation leaders have denied that there was any intention to start the civil disobedience movement within the Province during the month of December or even up to the present date, and we have been told that the Patna Hartal was a spontaneous movement on the part of the citizens. I think the Council will not be deceived by either of these assurances. After all Government had to follow the evidence at their disposal. There is one well-known leader of the local non-co-operation camp, called Mr. Dip Narayan Singh. At a meeting held at Bhagalpur on the 16th November this gentleman outlined the programme which the leaders intended to follow. According to him a notice calling upon Government to grant Swaraj within seven days would first be served upon the chief civil officer present in the locality selected for civil disobedience, subsequently the residents of the particular locality would be directed to disobey all orders and laws of Government and to refuse to pay taxes, register documents, etc. At the same time police stations and courts would be surrounded and the officials told to deposit their uniforms and other badges of offices. Thereafter police stations and courts would be treated as Swaraj property. On the top of this declaration of policy, the Local Government had information that the first experiment would be made with the Basantpur police station in the Chapra District. Now this has been denied by the Congress party but the intention was an open secret. I was told about it after our last session by a member of this Council, who shall be nameless, and apart from our police reports, we had it on the authority of the Motherland dated the 26th November, that Chapra had been selected as the first object of attack. This is what the Motherland of November 29th, 1921, says. The heading is—

"Civil Disobedience in Behar."

And the message runs:

"A meeting of the Provincial Congress Committee was held at Patna on Sunday last. 33 delegates were elected for the coming session of the Indian National Congress at Ahmadabad. It was also resolved upon to form a volunteer corps in pursuance of the resolution of the All India Working Committee. The matter of selecting a suitable area for preparing it for Civil Disobedience was referred to the Provincial Working Committee which met on Monday last and decided in favour of Chapra in preference to the claims of Katra Thana in the district of Muzaffarpur, which were backed up by Muhammad Shafi."

The Motherland is a local organ of the revolutionary party and the property of Mr. Mazharul Haqq, who is the one of the shining lights in that camp, and presumably is in the confidance of the party. We know also from the public press that the previous volunteer associations, our old friends, the 'Khilafat' the 'Congress' and the 'Swaraj' volunteers were to be replaced by a new organization to be called the "National Volunteers" and we knew from our own reports that the particular name to be affected by the new organization of non-violent volunteers in Behar was the Qaumi Sebak Dal. Perhaps members of this Council would like to know something about the organization of this Behar Sebak Dal. This is what we heard about its organization.

Each squad was to consist of 20 volunteers. 20 squads would make a company Maha Dal, in this there would be 400 volunteers. Each squad would be under an officer.

Over 20 assistants there would be a higher officer. What he would dictate all the four hundred volunteers would have to observe.

The Bihar Sebak Dal's duty would be "Revolution" even if they had to sacrifice their lives.

And this is what we were told about their plans of campaign:

It was first to attack all the police-stations of the district and to take them into their possession, after removing the Inspectors, Jamadars and the Police.

When the thana had been taken possession of, then the Kachahri would have to be taken possession of and the Hakims would be removed.

Civil disobedience would commence in Chapra District from village Basantpur, in Muzaffarpur from thana Katra, and then Sitamarhi.

Such then was the information on which the Local Government had to act. Does the Council still wonder that action of the nature taken was taken? To those who protest that the information held by Government was unreliable I can only reply that it has been fully corroborated not only by what has happened in other Provinces and by published documents of the non-co-operation movement but also by what has happened under our very noses in this Province. The non-co-operators say that it was never in contemplation to make an attack on Basantpur police-station on the 10th December. We believe that this particular experiment was nipped to the bud by the Notification of the same date, which found the leaders assembled at Chapra and threw them into consternation. But how do they explain the raids which were actually made at a somewhat later date on the police-station of Sonbarsa, Raghupur and Mahua in the District of Muzaffarpur, or the attempt to picket the Gaya Civil Courts on the opening day after the X'mas holidays, which was only frustrated by the despatch of troops from Patna to Gaya on the previous evening? Were all these fortuitous and accidental? Do all these evidences of intention exist only in the heated imagination of the police? I shall have occasion later to tell the Council what effect these raids have had on the internal condition of the Muzaffarpur District. My present object is only to prove that when the Local Government took action under the Criminal Law Amendment Act on the 10th December, they were fully justified in believing that the civil disobedience movement would be started at a very early date in the Tirhut Division.

I do not wish to weary the Council by going into details regarding the Patna hartal. It seemed to Government, and with good reason, that efforts were being made to impose an intolerable tyranny on the citizens of Patna at a time when the representatives of the people, who sit in this Council, had extended to his Royal Highness a most cordial welcome and had voted a special grant to make that welcome worthy of the occasion. The object of the non-co-operators was to substitute for the welcome the same kind of deliberate insult that had been attempted to be offered to the Royal visitor at Benares and Allahabad. Government, I say, would have been open to the gravest reproach if it had made no effort to counteract that mean and wicked project, which was so foreign to the innate hospitality and reverence of the Indian people, and particularly repugnant, one would imagine, to the sturdy loyalty of Bihar. Under this double compulsion then Government decided that the time had come to follow the example of its neighbours. Members of Council know as well as I do what followed. There was, as Government expected there would be, much excitement in the city—the stirring of a hornet nest always has this sort of reaction.

Sir, let not this Council be deceived by any cry of repression, by any false appeal for the freedom of association and the freedom of speech. This Government is not out for repression. It has no desire to interfere with political activity or freedom of speech. When Mr. Gandhi and his friends use these phrases, what they mean is license to preach sedition, and liberty to foment rebellion and revolution. Let us see how the system works in practice. I will read to the Council a recent report on condition of the Muzaffarpur District. It is dated the 5th January:—

"The Muzaffarpur District still continues to be in very disturbed state particularly the Sitamarhi Subdivision, where it is reported that law and order are decreasing daily and Magistrates are even insulted in their own Courts. The Sitamarhi Sub-jail is said to be practically in a state of mutiny, the prisoners shouting and singing all day until about 10 P.M., while on one occasion a warder was rushed and knocked down. Additional police have been asked for this subdivision and are badly required. The Masses in this district are said to have no longer any dread of going to jail owing to the inducements held out to them that they will be treated as political prisoners and fare better than in their own homes. The police have come in for more than their fair share of attention from the non-co-operators during the week and the Superintendent of Police is of opinion that his force has become exasperated almost beyond endurance by the gross insults and abuse that has been heaped upon them.

"On the 26th December 1921, about 200 volunteers escorted by a large and noisy mob forced their way into the Sonbarsa Thana compound in the Sitamarhi Subdivision, carrying swaraj flag and repeating the Delhi fatwa. The thana police were told that to remain in Government service was for a Hindu equivalent to eating cow's flesh and for a Muhammadan to eating pig. Later the crowd became more insulting and abusive and though seven of the ringleaders were arrested, the crowd did not disperse until nearly midnight. Following this incident the whole of the thana staff were boycotted, the services of the barber, washermen and even supplies of food were stopped, until the divisional inspector succeeded in intervening.

"At Raghupur Police-station in the same district, 300 volunteers appeared and told the sub-inspector that on the 1st January they would plant the swaraj flag in the compound and take possession of the police-station. At Mahua Police-station, the Police were also grossly abused and insulted and similar reports have been received by the Superintendent of Police from other police stations in the district.

"Mention was made in last week's report of a fracas in the Court compound at Hajipur where alms were being distributed to the poor. This was followed on the same day by a parade of 100 Sevak Dal volunteers in front of the Hajipur police-station who shouted Sarkar ki nokri karna haram hai and grossly abused the Police.

"Reports received from factories also indicate a serious state of unrest in the Mufassal. Mr. G. P. Danby writing from Bowarrah factory mentions that noisy shouting bands of volunteers are moving about the country making themselves a general nuisance and that to all appearance mob law prevails. The Belsand Factory in this district is reported to have been surrounded on the 4th January by a large mob shouting Gandhi ki jai. Europeans and loyal Indians are expressing their disappointment that Government did not continue strong measures against the non-co-operation movement."

That is a police report, and lest the Council may think it is highly coloured I will read a shorter note of the Divisional Commissioner, Mr. Scroope, who is a man of sober judgment.

Mr. Mansfield, Subdivisional Officer Sitamarhi, came to see me yesterday before I left for Bankipur. He is a level-headed officer and in no sense an alarmist. He informed me that the police are no longer able to deal with non-co-operators in Sitamarhi town. The latter are practically in possession of the liquor shops which they now picket with impunity. They also haunt the neighbourhood of the Court and create much noise and disorder during the trial to political cases. They ask to be arrested and some of them who have been placed under trial under section 290, Indian Penal Code have been grossly insulting to the Magistrate. The journeys to and from Court of persons under trial for a political offence are made regular occasions for noisy demonstrations and abuse of Government. Mr. Mansfield's considered opinion is that non-co-operators are now entirely out of hand, that the existing police force is quite unequal to the task of keeping them in check and that law and order have practically ceased to exist in Sitamarhi town.

The sub-jail can only be described as in a state of mutiny. It is much overcrowded containing about 90 inmates (I am not certain of the exact number; almost all are under trials) and certain influential non-co-operators under trials have been preaching defiance and insubordination to their companions. The result is a total absence of discipline; the undertrials sing and shout at the top of their voices throughout the day and most of the night and any attempts on the part of the warders to enforce order and obedience are wholly ignored.

Here is a latter report of the doings of one of these roving bands of whom mention is made in the police report. The Superintendent of Police writes on the 21st January.

At the same time I received a telegram from Mr. Gray, Meanchupra.

"All roads here stopped by volunteers. No carts or servants allowed works. Come if possible, position critical".

I left at 2 P.M. and arrived Meanchupra at about 3 P.M.

About 500 yards on the road west of Meanchupra I found some volunteers sitting on a culvert guarding the road. On arrival at the Bungalow I found Mr. and Mrs. Gray and their three children absolutely shut off and isolated by three volunteers. All the Factory work had been stopped as the jamadar peons and coolies were not allowed to enter the factory so that there was no one to cut the sugarcane etc. All carts had been stopped, volunteers cutting the ropes of the bullocks and driving them away. Even the house servants had been stopped from going to the bungalow from their village. There was no bearer, cooks mashalchi, dhobe, garden coolies or even murgiwala. Mrs. Grey had to dig up the potatoes in the garden, cook the food, wash up the dishes, etc., and her ayah asked her (as well she might) if it was true that the British Raj was over.

Sir, these are the facts which have already compelled Government to post a force of additional police to the Sitamarhi subdivision, and I do not disguise from the Council that they may force us at no distant date to take even sterner measures to preserve the peace of the district, and of other districts that are similarly threatened. If Government find it necessary later to present to Council a bill of costs which will not be at all to their liking, let them thank their non-co-operation friends for the gift.

I know we shall be met with the old cry of repression, but in this case it is a stupid cry. No Government of this country wants repression for repression's sake, and least of all the Government of Bihar and Orissa, which includes within its number three distinguished Indians who have never been accused of any lack of political independence. For my own part I claim that no one welcomed more keenly than I did the inauguration of the new reforms era in India. I had the confident hope (and in this matter I speak also for my hon'ble colleague, Sir Havilland Le Mesurier) that we had before us a great and inspiring task of friendly co-operation with educated Indians, which would at no very distant date place this country in the forefront of the common-wealth of nations. Sir, this great task has for the moment been heavily handicapped and hampered by the poisonous cult of non-co-operation, a cult which has embittered and clouded the political life of India and caused discouragement to all the friends of reform. It has made life a burden and weariness to all ranks of Government officers, to the responsible agents of Government in districts and to the directing staff at headquarters but I have still hope that the better sense of India will prevail and that the clouds will clear away. It is to you, members of the Council, that Government look to give a lead to the public which you represent, in the fight against this great danger which menaces India. The danger is not one which threatens only the officers of Government, professional men, and men of wealth and property. The interests of the common people, the patient cultivators and the toiling workmen, are just as much at stake. It is they who will suffer most, if revolution comes, as the same classes are suffering to-day in Russia where they are perishing in millions as a result of the disintegration of ordered Government. I call therefore upon the representatives of all classes in this assembly to consider what is their duty, their solemn duty, on this occasion. The choice is between the orderly progress of India towards a future of brightest promise and the perilous path of revolution which leads to darkness and death. There is no midway between them. I appeal to you, gentlemen of the Council, to put aside any pre-conceived notions or prepared speeches with which you may have entered this hall to-day and to look at the position in all its naked truth. The question you have to decide for yourself is whether you stand for orderly Government or revolution. I trust that the hon'ble mover himself will realize his responsibility in the light of these remarks and withdraw his resolution now that it has served its purpose of securing a full discussion of the political situation.

APPENDIX XVII
Disgraceful Tyranny

The following is taken from the speech delivered by the Hon. Mr. Hammond, the officiating Chief Secretary of the Bihar and Orissa Government, during the recent debate in the Provincial Council on the political situation. The Pioneer 1st February, 22.

Has the hon. member read what has just happened in Guntur, in Madras, where rents are being withheld? Is he aware that not in one but in two or three districts in the Province there have been refusals to pay chaukidari taxes; that we have read not one but several speeches advocating this refusal? May I tell the Council that barely three or four days ago, in the district of Puri, a Panch assessor was murdered while endeavouring to collect chaukidari tax? Swami Vidyanand and others who followed and desclaimed against repressive laws enquired what have the "volunteers" done? It is a pertinent question, and, with your permission, Sir, I will give a few instances by way of answer. Time does not allow me to go through all their nefarious activities, but if Hon. members want to know what the "volunteers" have done, apart from enforced hartal and the ordinary common forms of secret intimidation, ask the widow of the Mahomedan, Mazir Ali Kalal, whose corpse was exhumed in Ranchi, thrown upon the public road and the face beaten in with a brick; ask Gopi Khar at Chatra, who on the 3rd January was beaten and taken with his face blackened through the town because his wife committed the foul crime of selling food to those who visited liquor shops. Is that persuasion? Is this Ahimsa? ask the woman of Kateya, Mussammatt Paremia Koerin, near Siwan, who was stripped naked and driven through the village by a howling mob. She complained as well she might to the Government police officer, who, when he went to hold an enquiry was attacked by a mob—a demonstration in force of soul-force! A speaker later in the debate declaimed against those, the Planters and the police, whose courage, he said, "took the form of delight in tyrannising over the poor and of oppressing their fellow-countrymen." I ask in all sincerity what are these cases I have related but a disgraceful tyranny; are they not, indeed, 'oppression of the poor?' "What right?" I shall be asked "have you to lay these crimes at the doors of the non-co-operation party?" The answer is, that when men publicly oppose the funeral it is not irrational to believe that they are concerned with the subsequent exhumation of the corpse. In the other cases I have mentioned evidence has been taken and there is the judicial finding.