Bande Mataram

The Doctrine of Passive Resistance - Its Obligations

In the early days of the new movement it was declared, in a very catching phrase, by a politician who has now turned his back on the doctrine which made him famous, that a subject nation has no politics. And it was commonly said that we as a subject nation should altogether ignore the Government and turn our attention to emancipation by self-help and self-development. This was the self-development principle carried to its extreme conclusions, and it is not surprising that phrases so trenchant and absolute should have given rise to some misunderstanding. It was even charged against us by Sir Pherozshah Mehta and other robust exponents of the opposition-cum-co-operation theory that we were advocating non-resistance and submission to political wrong and injustice! Much water has flowed under the bridges since then, and now we are being charged, in deputations to the Viceroy and elsewhere, with the opposite offence of inflaming and fomenting disturbance and rebellion. Yet our policy remains essentially the same,—not to ignore such a patent and very troublesome fact as the alien bureaucracy, for that was never our policy, but to have nothing to do with it, in the way either of assistance or acquiescence. Far from preaching non-resistance, it has now become abundantly clear that our determination not to submit to political wrong and injustice was far deeper and sterner than that of our critics. The method of opposition differed, of course. The Moderate method of resistance was verbal only—prayer, petition and protest; the method we proposed was practical,—boycott. But, as we have pointed out, our new method, though more concrete, was in itself quite as legal and peaceful as the old. It is no offence by law to abstain from Government schools or Government courts of justice or the help and protection of a fatherly executive or the use of British goods; nor is it illegal to persuade others to join in our abstention.

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At the same time this legality is neither in itself an essential condition of passive resistance generally, nor can we count upon its continuance as an actual condition of passive resistance as it is to be understood and practised in India. The passive resister in other countries has always been prepared to break an unjust and oppressive law whenever necessary and to take the legal consequences, as the non-Conformists in England did when they refused to pay the education rate or as Hampden did when he refused to pay ship-money. Even under present conditions in India there is at least one direction in which, it appears, many of us are already breaking what Anglo-Indian courts have determined to be the law. The law relating to sedition and the law relating to the offence of causing racial enmity are so admirably vague in their terms that there is nothing which can escape from their capacious embrace. It appears from the Punjabee case that it is a crime under bureaucratic rule to say that Europeans hold Indian life cheaply, although this is a fact which case after case has proved and although British justice has confirmed this cheap valuation of our lives by the leniency of its sentences on European murderers; nay, it is a crime to impute such failings to British justice or to say even that departmental enquiries into "accidents" of this kind cannot be trusted, although this is a conviction in which, as everyone is aware, the whole country is practically unanimous as the result of repeated experiences. All this is not crime indeed when we do it in order to draw the attention of the bureaucracy in the vain hope of getting the grievance redressed. But if our motive is to draw the attention of the people and enlighten them on the actual or inevitable results of irresponsible rule by aliens and the dominance of a single community, we are criminals, we are guilty of breaking the law of the alien. Yet to break the law in this respect is the duty of every self-respecting publicist who is of our way of thinking. It is our duty to drive home to the public mind the congenital and incurable evils of the present system of government so that they may insist on its being swept away in order to make room for a more healthy and natural state of things. It is our duty also to press upon the people the hopelessness of appealing to the

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bureaucracy to reform itself and the uselessness of any partial measures. No publicist of the new school holding such views ought to mar his reputation for candour and honesty by the pretence of drawing the attention of Government with a view to redress the grievance. If the alien laws have declared it illegal for him to do his duty unless he lowers himself by covering it with a futile and obvious lie, he must still do his duty, however illegal, in the strength of his manhood; and if the bureaucracy decide to send him to prison for the breach of law, to prison he must willingly and, if he is worth his salt, rejoicingly go. The new spirit will not suffer any individual aspiring to speak or act on behalf of the people to palter with the obligation of high truthfulness and unflinching courage without which no one has a claim to lead or instruct his fellow-countrymen.

If this penalty of sedition is at present the chief danger which the adherent or exponent of passive resistance runs under the law, yet there is no surety that it will continue to be unaccompanied by similar or more serious perils. The making of the laws is at present in the hands of our political adversaries and there is nothing to prevent them from using this power in any way they like, however iniquitous or tyrannical,—nothing except their fear of public reprobation outside and national resistance within India. At present they hope by the seductive allurements of Morleyism to smother the infant strength of the national spirit in its cradle; but as that hope is dissipated and the doctrine of passive resistance takes more and more concrete and organized form, the temptation to use the enormously powerful weapon which the unhampered facility of legislation puts in their hands, will become irresistible. The passive resister must therefore take up his creed with the certainty of having to suffer for it. If, for instance, the bureaucracy should make abstention from Government schools or teaching without Government licence a penal offence, he must continue to abstain or teach and take the legal consequences. Or if they forbid the action of arbitration courts other than those sanctioned by Government, he must yet continue to act on such courts or have recourse to them without considering the peril to which he exposes himself. And

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so throughout the whole range of action covered by the new politics. A law imposed by a people on itself has a binding force which cannot be ignored except under extreme necessity: a law imposed from outside has no such moral sanction; its claim to obedience must rest on coercive force or on its own equitable and beneficial character and not on the source from which it proceeds. If it is unjust and oppressive, it may become a duty to disobey it and quietly endure the punishment which the law has provided for its violation. For passive resistance aims at making a law unworkable by general and organized disobedience and so procuring its recall; it does not try, like aggressive resistance, to destroy the law by destroying the power which made and supports the law. It is therefore the first canon of passive resistance that to break an unjust coercive law is not only justifiable but, under given circumstances, a duty.

Legislation, however, is not the only weapon in the hands of the bureaucracy. They may try, without legislation, by executive action, to bring opposition under the terms of the law and the lash of its penalties. This may be done either by twisting a perfectly legal act into a criminal offence or misdemeanour with the aid of the ready perjuries of the police or by executive order or ukase making illegal an action which had previously been allowed. We have had plenty of experience of both these contrivances during the course of the Swadeshi movement. To persuade an intending purchaser not to buy British cloth is no offence; but if, between a police employed to put down Swadeshi and a shopkeeper injured by it, enough evidence can be concocted to twist persuasion into compulsion, the boycotter can easily be punished without having committed any offence. Executive orders are an even more easily-handled weapon. The issuing of an ukase asks for no more trouble than the penning of a few lines by a clerk and the more or less legible signature of a District Magistrate; and hey presto! that brief magical abracadabra of despotism has turned an action which five minutes ago was legitimate and inoffensive into a crime or misdemeanour punishable in property or person. Whether it is the simple utterance of "Bande Mataram" in the streets or an august assemblage

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of all that is most distinguished, able and respected in the country, one stroke of a mere District Magistrate's omnipotent pen is enough to make them illegalities and turn the elect of the nation into disorderly and riotous budmashes to be dispersed by police cudgels. To hope for any legal redress is futile; for the power of the executive to issue ukases is perfectly vague and therefore practically illimitable, and wherever there is a doubt, it can be brought within the one all-sufficient formula,—"It was done by the Magistrate in exercise of the discretion given him for preserving the peace." The formula can cover any ukase or any action, however arbitrary; and what British Judge can refuse his support to a British Magistrate in that preservation of peace which is as necessary to the authority and safety of the Judge as to that of the Magistrate? But equally is it impossible for the representatives of popular aspirations to submit to such paralysing exercise of an irresponsible and unlimited authority. This has been universally recognized in Bengal. Executive authority was defied by all Bengal when its representatives, with Babu Surendranath Banerji at their head, escorted their President through the streets of Barisal with the forbidden cry of "Bande Mataram." If the dispersal of the Conference was not resisted, it was not from respect for executive authority but purely for reasons of political strategy. Immediately afterwards the right of public meeting was asserted in defiance of executive ukase by the Moderate leaders near Barisal itself and by prominent politicians of the new school in East Bengal. The second canon of the doctrine of passive resistance has therefore been accepted by politicians of both schools—that to resist an unjust coercive order or interference is not only justifiable but, under given circumstances, a duty.

Finally, we must be prepared for opposition not only from our natural but from unnatural adversaries,—not only from bureaucrat and Anglo-Indian, but from the more self-seeking and treacherous of our own countrymen. In a rebellion such treachery is of small importance, since in the end it is the superior fate or the superior force which triumphs; but in a campaign of passive resistance the evil example, if unpunished, may be disastrous

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and eat fatally into the enthusiastic passion and serried unity indispensable to such a movement. It is therefore necessary to mete out the heaviest penalty open to us in such cases—the penalty of social excommunication. We are not in favour of this weapon being lightly used; but its employment, where the national will in a vital matter is deliberately disregarded, becomes essential. Such disregard amounts to siding in matters of life and death against your own country and people and helping in their destruction or enslavement,—a crime which in Free States is punished with the extreme penalty due to treason. When, for instance, all Bengal staked its future upon the boycott and specified three foreign articles,—salt, sugar and cloth,—as to be religiously avoided, anyone purchasing foreign salt or foreign sugar or foreign cloth became guilty of treason to the nation and laid himself open to the penalty of social boycott. Wherever passive resistance has been accepted, the necessity of the social boycott has been recognized as its natural concomitant. "Boycott foreign goods and boycott those who use foreign goods,"—the advice of Mr. Subramaniya Aiyar to his countrymen in Madras,—must be accepted by all who are in earnest. For without this boycott of persons the boycott of things cannot be effective; without the social boycott no national authority depending purely on moral pressure can get its decrees effectively executed; and without effective boycott enforced by a strong national authority the new policy cannot succeed. But the only possible alternatives to the new policy are either despotism tempered by petitions or aggressive resistance. We must therefore admit a third canon of the doctrine of passive resistance, that social boycott is legitimate and indispensable as against persons guilty of treason to the nation.

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