http://bargad.wordpress.com/2010/12/25/gandhi-sedition/
Mahatma Gandhi on His Conviction for Sedition
by bargad on December 25, 2010
On His Conviction for Sedition: A selection from Gandhi’s closing statement
to the judge on March 23, 1922

*Text from pp. 87-88 in LAW, A Treasury of Art and Literature, edited by
Sara Robbins, published by Beaux Arts Editions,1990 (ISBN 0-88363-300-0).*

<http://bargad.files.wordpress.com/2010/12/gandhi_spinning_1929.jpg>

*Mohandas K. Gandhi*
*On His Conviction for Sedition:*

I owe it perhaps to the Indian public and to the public in England to
placate which this prosecution is mainly taken up that I should explain why
from a stanch loyalist and cooperator I have become an uncompromising
disaffectionist and non-cooperator. To the court too I should say why I
plead guilty to the charge of promoting disaffection toward the government
established by law in India.

My public life began in 1893 in South Africa in troubled weather. My first
contact with British authority in that country was not of a happy character.
I discovered that as a man and as an Indian I had no rights. More correctly,
I discovered that I had no rights as a man because I was an Indian.

But I was not baffled. I thought that this treatment of Indians was an
excrescence upon a system that was intrinsically and mainly good. I gave the
government my voluntary and hearty cooperation, criticizing it freely where
I felt it was faulty but never wishing its destruction.

*
* *

I came reluctantly to the conclusion that the British connection had made
India more helpless than she ever was before, politically and economically.
A disarmed India has no power of resistance against any aggressor if she
wanted to engage in an armed conflict with him. So much is this the case
that some of our best men consider that India must take generations before
she can achieve the Dominion status. She has become so poor that she has
little power of resisting famines. Before the British advent, India spun and
wove in her millions of cottages just the supplement she needed for adding
to her meager agricultural resources. This cottage industry, so vital for
India’s existence, has been ruined by incredibly heartless and inhuman
processes as described by English witnesses. Little do town dwellers know
how the semi-starved masses of India 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 get sucked from the masses. Little do they realize that
the government established by law in British India is carried on for the
exploitation of the masses. No sophistry, no jugglery in figures can explain
away the evidence that 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 unequaled in history. The law itself in this
country has been used to serve the foreign exploiter. My unbiased
examination of the Punjab Martial Law cases has led me to believe that
ninety-five per cent of the convictions were wholly bad. 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
the 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 Englishmen 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-defense 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 citizens. Affection cannot be manufactured or
regulated by law. If one has an affection*(sic)* for a person or system, 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.Banker [a colleague in non-violence] 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 that section. I have endeavored 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 toward the King’s person. But I hold it to be a virtue to be
disaffected toward 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 tendered 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 endeavoring 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 for evil
requires complete abstention from violence. Non-violence implies voluntary
submission to the penalty of 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 a deliberate crime and what appears
to me to be the highest duty of a citizen. The only course open to you, the
judge, is either to resign your post, and thus dissociate yourself 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 upon 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.

*Courtesy:
http://www.gandhitopia.org/profiles/blogs/on-his-conviction-for-sedition*
*
*

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Adv Kamayani Bali Mahabal
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skype-lawyercumactivist
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