THE PLACE OF THE LAWYERS
IN A NON·VIOLENT SOCIETY
READER: You tell me that when two men quarrel they should not go to a law court. This is astonishing.
EDITOR: Whether you call it astonishing or not, it is the truth. And your question introduces us to the lawyers and the doctors. My firm opinion is that the lawyers have enslaved India, have accentuated Hindu Mohamedan dissensions and have confirmed English authority.
READER: It is easy enough to bring these charges, but it will be difficult for you to prove them. But for the lawyers, who would have shown us the road to independence? Who would have protected the poor? Who would have secured justice? For instance, the late Manomohan Ghose defended many poor men free of charge. The Congress, which you have praised so much, is dependent for its existence and activity upon the work of the lawyers. To denounce such an estimable class of men, is to spell injustice, and you are abusing the liberty of the press by decrying lawyers.
EDITOR: At one time I used to think exactly like you. I have no desire to convince you that they have never done a single good thing. I honour Mr. Ghose’s memory. It is quite true that he helped the poor. That the Congress owes the lawyers something is believable. Lawyers are also men, and there is something good in every man. Whenever instances of lawyers having done good can be brought forward, it will be found that the good is due to them as men rather than as lawyers. All I am concerned with is to show you that the profession teaches immorality; it is exposed to temptation from which few are saved.
The Hindus and the Mahomedans have quarrelled. An ordinary man will ask them to forget all about it; he will tell them that both must be more or less at fault, and will advise them no longer to quarrel. But they go to lawyers. The latter’s duty is to side with their clients and to find out ways and arguments in favour of the clients to which they (the clients) are often strangers. If they do not do so they will be considered to have degraded their profession. The lawyers, therefore, will, as a rule advance quarrels instead of repressing them. Moreover, men take up that profession not in order to .help others out of their miseries, but to enrich themselves. It is one of the avenues of becoming wealthy and their interest exists in multiplying disputes. It is within my knowledge that they are glad when men have disputes. Petty pleaders actually manufacture them. Their touts, like so many leeches, suck the blood of the poor people. Lawyers are men who have little to do. Lazy people, in order to indulge in luxuries, take up such professions. This is a true statement. Any other argument is a mere pretension. It is the lawyers who have discovered that theirs is an honourable profession. They frame laws as they frame their own praises. They decide what fees they will charge and they put on so much side that poor people almost consider them to be heaven-born.
Why do they want more fees than common labourers? Why are their requirements greater? In what way are they more profitable to the country than the labourers? Are those who do good entitled to greater payment? And, if they have done anything for the country for the sake of money, how shall it be counted as good?
Those who know anything of the Hindu-Mahomedan quarrels know that they have been often due to the intervention of lawyers. Some families have been ruined through them; they have made brothers enemies. Principalities, having come under the lawyers’ power, have become loaded with debt. Many have been robbed of their all. Such instances can be multiplied.
But the greatest injury they have done to the country is that they have tightened the English grip. Do you think that it would be possible for the English to carry on their Government without law-courts? It is wrong to consider that courts are established for the benefit of the people. Those who want to perpetuate their power do so through the courts. If people were to settle their own quarrels, a third party would not be able to – exercise any authority over them. Truly, men were less unmanly when they settled their disputes either by fighting or by asking their relatives to decide for them. They became more unmanly and cowardly when they resorted to the courts of law. It was certainly a sign of savagery when they settled their disputes by fighting. Is it any the less so, if I ask a third party to decide, between you and me? Surely, the decision of a third party is not always tight. The parlies alone know who is right. We, in our simplicity and ignorance, imagine that a stranger, by taking our money, gives us justice.
The chief thing, however, to be remembered is that without lawyer’s courts could not have been -established or conducted and without the latter the English could not rule. Supposing that there were only English judges, English pleaders and English police, they could only rule over the English. The English could not do without Indian judges and Indian pleaders. How the pleaders were made in the first instance and how they were favoured you should understand well. Then you will have the same abhorrence for the profession that I have. If pleasers were to abandon their profession, and consider it just as degrading as prostitution, English rule would break up in a day. They have been instrumental in having the charge laid against us that we love quarrels and courts as fish love water. What I have said with reference to the pleaders necessarily applies to the judges; they are first cousins; and the one gives strength to the other.
Indian Home Rule, 1958, pp. 54-57
