A PRISONER’S LOT – HOW TO IMPROVE IT (PART 6)

In my five instalments so far, I have attempted to give an idea that the weal or woe of the prisoner ultimately depends in a very large measure, on the jail staff. The Government, as we have already mentioned, is alive to this most vital consideration and has already taken in hand the overhauling of the existing machinery, replacing the rotten old stuff by better men. Coming to the details of the troubles to which a prisoner is unnecessarily subjected, I would start where the prisoner’s story actually begins – viz., when he is arrested by the Police and handcuffed.

Handcuffing

In the matter of handcuffing, I have to my great humiliation, seen a very invidious distinction between prisoner and prisoner. Prisoners, according to the Jail Manual, are divided in to two classes – those whose mode of life is European and those who have an Indian mode of life. The former are treated as ” European prisoners” and receive good food, good lodging and good treatment. As a rule, a European prisoner is not handcuffed. He may be guilty of the worst form of felony, but he is exempt from this contemptuous treatment. He is given the facility and privilege of a special conveyance and a special escort.

Racial discrimination, which is the greatest bane of British administration, manifests itself even in this sphere. The common Indian prisoner, from the moment he gets into the clutches of the Police is tightly handcuffed, whenever he is moved about from the Judicial lockup to the Court and back. The Jail Manual explicitly provides that except in cases of certain very serious offences such as murder, dacoity and forging currency notes and false coins, an under-trial prisoner must not be handcuffed, unless, of course, there is grave apprehension that the prisoner might escape. Inspite of this clear ruling, however, handcuffing is the common rule even in cases where there is not the remotest apprehension of escape or rescue.

Black Europeans

The term ”European prisoner”, be it noted, is a comprehensive one, including all those who are supposed to be living after the European fashion. In practice, every native Christian who has a smattering of English and has hat on his head, a collar and a tie around his neck and a pantaloon on his legs, is treated as a ”European prisoner”. I have seen ebony black type of this class treated to all the comforts of life in a European Ward. An Indian may be a millionaire but he is not supposed to have a European standard of life. At home, he may have been daily taking a dish of pilau but pilau is not a Western dish and hence he, as a non-European must live on the common jail fare of which he may not be able to bear even the sight or the smell. Whereas the so-called black European, thanks to his hat anti collar and a pair or trousers, is having the time of his life, getting a pound of meat a day to himself together with, four big loaves and a good quantity of fresh butter, sugar, tea and so forth, the Indian millionaire who has the position in outside world, to engage a dozen of this class as his private servants, is made to live like a coolie, dressed in the convict’s shabby rags and kantop, the blanket cap coming down to ears. Is it really such a curse as all this to be an Indian?

A Protest

At the very outset of my trial I invited the Court’s attention to the Jail Manual provision and demanded as an Indian of social standing and education that must not be handcuffed. I explained that I was in no way guilty of an offence involving moral turpitude, that in my case there could not be the faintest apprehension of a rescue being attempted. If I wanted to abscond, I would not have voluntarily appeared in Court in the very first instance and would have evaded the warrant against me. I must admit, Mr. E. H. Lincoln, the trying magistrate was very good to me and my two comrades but I believe in the matter of handcuffing he was acting under instructions. He could not adequately meet my logic but he told me that in view of the communal situation, the police were not prepared to take the responsibility for my safe custody, unless handcuffed. I felt that this was a mere eyewash and he himself felt how lame this excuse was. I told the Court that personally, I minded neither the inconvenience nor the insult. Perhaps I enjoyed it as an additional experience. But I considered it my duty to protest against it. It was a most wanton affront to the class of Indians to which I belonged.

Insult to a Nation

Indians have always been smarting under this racial discrimination and protesting against it. It is therefore worth the while of Government officials concerned to see that this standing insult to Indian self-respect in immediately removed. In its own interest the Government, should have the sense to put a stop to all such practices, unless, of course, British statesmanship has run bankrupt.

An educated Indian may put up with any amount of discomfort but to insult him on the mere score of his being an Indian is to poke him at his most sensitive point. I do hereby enter this most solemn moral protest against this disgraceful practice of handcuffing educated Indians on trial for the mere offence of expression of views. Such racial discrimination only tends to widen the gulf between India and Britain and when the future historian sits to sift the causes of the disruption of British prestige and power in India, I believe, these will form a most important chapter.

                                                                     M. Y. Khan   

                                                           (THE LIGHT        August 16, 1928)