In the first half of the 20th century, Mohandas K. Gandhi was one
of the leaders of India’s struggle to gain independence from Britain. To
achieve this goal, he advocated a policy of nonviolent noncooperation with
Britain’s systems and laws. In 1922 the British government arrested Gandhi for
his role in the civil disobedience that was sweeping India. Gandhi pleaded
guilty in Ahmadābād on March 23 but stated that his acts against the unjust
legal authority were the highest duty of a citizen. His statement to the court
follows.
Gandhi: 'Non-Violence Is the First Article of My Faith'
Non-violence is the first article of my faith. It is the
last article of my faith. But I had to make my choice. I had either to submit
to a system which I considered has done an irreparable harm to my country or
incur the risk of the mad fury of my people bursting forth when they understood
the truth from my lips. I know that my people have sometimes gone mad. I am
deeply sorry for it; and I am therefore, here, to submit not to a light penalty
but to the highest penalty. I do not ask for mercy. I do not plead any
extenuating act. I am here, therefore, to invite and submit to the highest
penalty that can be inflicted upon me for what in law is a deliberate crime and
what appears to me to be the highest duty of a citizen. The only course open to
you, Mr Judge, is, as I am just going to say in my statement, either to resign
your post or inflict on me the severest penalty if you believe that the system
and law you are assisting to administer are good for the people. I do not
expect that kind of conversion. But by the time I have finished with my
statement you will, perhaps, have a glimpse of what is raging within my breast
to run this maddest risk which a sane man can run.
Little do town-dwellers know how the semi-starved masses of
Indians are slowly sinking to lifelessness. Little do they know that their miserable
comfort represents the brokerage they get for the work they do for the foreign
exploiter, that the profits and the brokerage are sucked from the masses.
Little do they realize that the government established by law in British India
is carried on for this exploitation of the masses. No sophistry, no jugglery in
figures can explain away the evidence the skeletons in many villages present to
the naked eye. I have no doubt whatsoever that both England and the
town-dwellers of India will have to answer, if there is a God above, for this
crime against humanity which is perhaps unequalled in history. The law itself
in this country has been used to serve the foreign exploiter. My experience of
political cases in India leads me to the conclusion that in nine out of every
ten the condemned men were totally innocent. Their crime consisted in love of
their country. In ninety-nine cases out of a hundred, justice has been denied
to Indians as against Europeans in the courts of India. This is not an
exaggerated picture. It is the experience of almost every Indian who has had
anything to do with such cases. In my opinion the administration of the law is
thus prostituted consciously or unconsciously for the benefit of the exploiter.
The greatest misfortune is that Englishmen and their Indian
associates in the administration of the country do not know that they are
engaged in the crime I have attempted to describe. I am satisfied that many
English and Indian officials honestly believe that they are administering one of
the best systems devised in the world and that India is making steady though
slow progress. They do not know that a subtle but effective system of terrorism
and an organized display of force on the one hand and the deprivation of all
powers of retaliation or self-defence on the other have emasculated the people
and induced in them the habit of simulation. This awful habit has added to the
ignorance and the self-deception of the administrators. Section 124-A under
which I am happily charged is perhaps the prince among the political sections
of the Indian Penal Code designed to suppress the liberty of the citizen.
Affection cannot be manufactured or regulated by law. If one has no affection
for a person or thing one should be free to give the fullest expression to his
disaffection so long as he does not contemplate, promote or incite to violence.
But the section under which Mr [Shankarlal] Banker [a volunteer who worked with
Gandhi] and I are charged is one under which mere promotion of disaffection is
a crime. I have studied some of the cases tried under it, and I know that some
of the most loved of India's patriots have been convicted under it. I consider
it a privilege, therefore, to be charged under it. I have endeavoured to give
in their briefest outline the reasons for my disaffection. I have no personal
ill-will against any single administrator, much less can I have any
disaffection towards the King's person. But I hold it to be a virtue to be
disaffected towards a government which in its totality has done more harm to
India than any previous system. India is less manly under the British rule than
she ever was before. Holding such a belief, I consider it to be a sin to have
affection for the system. And it has been a precious privilege for me to be
able to write what I have in the various articles tendered in evidence against
me.
In fact I believe that I have rendered a service to India
and England by showing in non-cooperation the way out of the unnatural state in
which both are living. In my humble opinion, non-cooperation with evil is as
much a duty as is cooperation with good. But in the past, non-cooperation has
been deliberately expressed in violence to the evildoer. I am endeavouring to
show to my countrymen that violent non-cooperation only multiplies evil and
that as evil can only be sustained by violence, withdrawal of support of evil
requires complete abstention from violence. Non-violence implies voluntary
submission to the penalty for non-cooperation with evil. I am here, therefore,
to invite and submit cheerfully to the highest penalty that can be inflicted
upon me for what in law is deliberate crime and what appears to me to be the
highest duty of a citizen. The only course open to you, the Judge and the
Assessors, is either to resign your posts and thus dissociate yourselves from
evil if you feel that the law you are called upon to administer is an evil and
that in reality I am innocent, or to inflict on me the severest penalty if you
believe that the system and the law you are assisting to administer are good
for the people of this country and that my activity is therefore injurious to
the public weal.
Source: The Penguin Book of Historic Speeches.
MacArthur, Brian, ed. Penguin Books, 1996.
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