Ilbert bill. Ilbert Bill UPSC: About IBERT Bill & Other Details 2019-02-28

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Ilbert Bill

ilbert bill

The matter was very carefully considered, and the leading representatives of the unofficial European population were consulted upon the views which had either occurred or been suggested to me ; I, as legal member of Council, having charge of the Bill. All which your memorialists would humbly submit to your lordship. But such a correct appreciation of the feelings and conduct of accused persons can alone qualify a judge to try them ; and consequently the effect of the proposed change in the law would be to transfer the trial of European women in India to men who, by the force of circumstances, are Incompetent to do them justice. The High Court judges, D 2 o 6 Meeting in St. There is one more observation I wish to make. In a paper which he wrote in the year 1832, some years after he had left India, on the subject of permitting Europeans, who at that time required a Hcense to live in India, to reside in that c 1 8 Meeting in St.

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What was the Ilbert Bill controversy?

ilbert bill

The exam was still held in London. If it be argued that in British India there exists an equitable law to which all are alike amenable, your memorialists feel bound to assert that the just administration of a good law depends even more on its administrators than on the law itself ; and that the very slight and superficial acquaintance with the feelings, modes of thought, and customs of Europeans, possessed, or likely to be possessed, by Native civilians — until the break- down of the caste system in India and the introduction of female education into that country shall render possible intimate social relations between Natives and Europeans — must for many years render those to whom the extended jurisdiction is proposed to be given, ill-suited in most in- stances to judge in criminal cases where Europeans are con- cerned. That a Native magistrate, however much it is to be regretted, should ever have been invested with special jurisdiction over European British subjects within the Presidency towns, whilst he was excluded from the exercise of a like jurisdiction outside such Presidency towns, is in no way anomalous to those who have even a limited experience of the social conditions, privi- leges, and prejudices existing in India, and can only appear anomalous to those who are ignorant of the distinotive circum- stances under which these judicial and magisterial powers are exercised. But if the present Bill is passed, the position of a European in the distant districts of the Mofussil will be exactly like that of a European in Calcutta, if he were brought up before a bench consisting wholly of Native magistrates, with an appeal to Native judges. In view of the fact that the European population of Bengal far exceeds that of any other Presidency, it is, your Petitioners venture to think, to be regretted that, before the introduction of so important a Bill, steps were not taken to ascertain the opinion of the present Lieutenant-Governor of Bengal and his judicial and magisterial officers, and also the opinions of the Chief Justice and Puisne Judges of the High Court of Bengal.


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The Ilbert bill (1883 edition)

ilbert bill

Natives of India are made ehgible to the benches of these several Courts. In the first place, I am aware that it is thoug-ht by many persons, and even by some who have considered the introduction of this Bill' to have been unwise, that after the hopes and expectations which have been aroused in the Native mind, and after all the agitation which has taken place, it is now too late to withdraw the measure. As owners of property and employers of labour they are necessarily brought into collision with classes or individuals whose interests conflict with their own ; and it is impossible to ignore the fact that such a state of things exposes them to very considerable risks. It is the privilege that in every stage of a criminal proceeding, in every stage of any proceeding which may affect his liberty, his character, or his life, he shall be judged by a countryman of his own. If you would like to help improve this and other Myanmar-related articles, please. Whether or not that mode of expression can be fully justified, there can, I think, be no doubt that it is impossible to imagine any policy more fearfully dangerous and more certain, in case of failure, to lead to results to which the Mutiny would be child's play, than the policy of shifting the foundations on which the British Government of India rests. They entirely agree with the Lieutenant- Governor of Bengal — whose authority on the point, indeed, is such as to need no confirmation — that no administrative inconvenience has arisen, or is at present likely to arise, out of the existing state of the law.


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why was Ilbert Bill controversial

ilbert bill

This grievance was more and more strongly felt as the growth of trade and the use of English capital in railways, plantations, and other things introduced into India a large number of Europeans of a class likely to commit crimes. Tyrwhitt, late Inspector-General of Police, N. I am very well aware that since the question first arose, the ground to a certain extent has been shifted ; and that the partizans of this Bill are anxious to defend it, not so much on the ground of the removal of anomalies, as on the ground that they are bringing up the Natives to an equality with Europeans. In Parliament many loyal supporters of the present Government in both Houses were among the warmest opponents of the Bill. Do you believe that if such a period were to recur, any Government worthy of its name would be able to leave the criminal jurisdiction of Europeans in the hands of Native magistrates } Cheers. This last measure was framed in consultation with all the Local Governments of India and professed to embody the ripe conclusions of ten years' deliberation.

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Ilbert Bill 1884

ilbert bill

His estimate of the gravity of the present crisis can scarcely be-contested, whatever may be thought of the merits of the question in dispute. The Ilbert Bill thus divided the Indian public opinion sharply into two blocs'the Indian bloc which supported the Bill enthusiastically, and the European bloc which opposed it tooth and nail. This fact seems to be amply proved by the consideration that, during the whole course of the protracted deliberations on the Criminal Pro- cedure Code — deliberations which lasted over several years, and were shared by all the Local Governments and by officials of all ranks in every province — it has never been alleged that there has been any miscarriage of justice, or any practical hardship to anyone, owing to the criminal jurisdic- tion over European British subjects in India having been confined to persons of the same race. The controversy made it crystal clear to educated Indians that they could not expect racial equality from present regime. There was also a strong protest among Europeans. Is it wise to change that for a system which cannot possibly be better, and which will inevitably be worse t Hitherto, every person, of what- ever class. Numbers of respectable inhabitants were called to prove that they had been awoke in the middle of the night by a gang of men who had burst into the village, burning their torches, and slinging their stones , and firing off their muskets ; that they heard them break into the house of a respectable merchant who was himself produced , and that Meeting in St.

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Talk:Ilbert Bill

ilbert bill

Perhaps this may be a part of the same feeling which has induced him always to unflinchingly fight against overwhelming odds, and has led Englishmen to march to victory in every quarter of the globe, from Cape Comorin to Cashmere. The principle embodied in the measure is supported by arguments based on the so-called anomalous character of the present law, on the alleged invidiousness of the dis- qualification attaching to native judicial officers, and lastly on certain administrative difficulties stated to have resulted, or to be likely to result, from such disqualification. All such anomalies, if such they be, must remain as inseparable constituents of the paramount anomaly of all, namely, the existence, in fact, of the supremacy of British rule in India. If Lord Ripon were to return to England and be guilty of a felony — laughter — Lord Ripon would not be tried by the Lord Chief Justice of England and a jury sitting at the Old Bailey, but he would have to be tried by the Lord High Steward of England and the assembled peerage of Great Britain in their ermine and their robes. Take, for instance, the present state of things in Bengal.

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Home Rule League, Indian Home Rule Movement, Indian National Movement, Home Rule League Founder

ilbert bill

This site requires Javascript to be turned on. Well, the India Office has persistently refused to allow any European who commits an offence in a Native State to be tried by the tribunals of that State — cheers — and if a European commits an offence in Travancore or in Mysore, he must be brought up before the High Court of the adjoining Presidency, or tried by a countryman of his own in the Native State. But I would say this, that of the 700, somewhere about 250 only are non-official Europeans ; that leaves something over 450 men who have held service under Her Majesty in India, and many of these, my lord, are distinguished for services which they rendered to the country ; and they are distinguished very much in this respect, that many of them had long been, and will be, known for the earnest desire they had always shown for the advancement of the Natives of India. At any rate legislation, should it hereafter be necessary, would proceed on a basis of practical experience, not, as it is likely to do now, on mere conjecture as to the conduct and cha- racter of officers about whom scarcely anything is known. Free trade was forced upon India at the point of the sword, as Mr. In addition to this consideration there remains the fact that there is no district in India without at least one European magisterial officer. And this point will be seen to be even more serious than it would otherwise be, from the fact that the law of India differs altogether from the law of England, in that it treats some offences against domestic morality as criminal offences.

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Utilities

ilbert bill

As regards the two latter statements your Petitioners would point out that the agitation of 1836 was an agitation against the extension of the jurisdiction of the Company's Courts over British subjects, and was not specially directed against the investment of native judicial officers with such jurisdiction ; on the contrary, the leaders of native society in Calcutta allied themselves in 1836 with their British fellow subjects in opposing the extension of jurisdic- tion which was then contemplated. Only on Friday he received a letter from one of the most distinguished Bengal civilians now in England, a late Judge of the High Court of Calcutta, point- ing out that he had only recently observed the advertisement of this meeting in one of the local papers, and stating that he was most anxious to join. And if this opinion was shared by Anglo-Indians, who left India a quarter of a century ago, by men who left but recently, and by numbers of men who were living and working there at the present moment, assuredly there was cause for urging upon her Majesty's Government the grave impolicy of allow- ing this Bill to proceed. And again, although I am quite willing to allow the most thorough credit to the Native judges for impartiality in an ordinary case, and under ordinary circumstances, you must remember that our system of judicature must be arranged with a view to extraordinary cases, and India is pre-eminently the country in which, according to the French proverb, the unforeseen is that which is almost certain to happen. In the first place, the Code of Criminal Procedure of 1872, after having been in force for ten years, was last year re-enacted and extended in its operation to the High Courts, which had previously had their own procedure.

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Ilbert Bill Controversy

ilbert bill

B-ut as regards the powers conferred on the several classes of Courts and the rights enjoyed by European British subjects in criminal cases, the judges are not aware that there is any feeling of grievance or, except among a few individuals, any wish for change. But the change of the law would un- questionably add to the risks of capital and the unplea- santness of life in India, just as some vexatious restriction may hamper and depress, without destroying, an indus- try at home. India was won, and India must be kept, by the great body of Englishmen whose heritage it is, and there is no person, of whatever political party or poli- tical creed, who is not equally concerned in everything which interests the honour, the safety, and the dignity of our fellow-countrymen in the East. Nationalist Indians realized that they too should organize themselves on a national scale and agitate continuously and unitedly to get their demands accepted. The scheme proposed and adopted was this : — Magistrates of the first class, being European British subjects and justices of the peace {i. It was forced upon the people of India by a Government which supposed it knew better what were the interests of the country than the people of India did.

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The Ilbert bill (1883 edition)

ilbert bill

This vindictive lie was supported in every particular by a number of the 'villagers. In so far, however, as the observation is true, it proves too much, for it is based upon a defect inseparable from the existence of the British power in India. And mischievous as the introduc- tion of this Bill had been, and bitterly as those who brought it forward must repent of their temerity, it was certain that the evils of proceeding with the Bill would be far greater, for it would establish a permanent cause of antagonism between our countrymen and their native fellow-subjects. I trust that the views of the deputation will be such as to commend themselves to your lordship, and I trust also that when Lord Ripon enters upon that full consideration of the views of the various local governors in India, he will not fail also to consider the views which will have been laid before your lordship to-day by this deputation, and that the result of that consideration will be the withdrawal of this Bill. It may be that there are Indian officials, past and present, who have remained silent while this question was being debated, though fully convinced that the Ilbert Bill is wise and expedient. It was named after , the recently appointed legal adviser to the , who had proposed it as a compromise between two previously suggested bills. There was ten years ago, and I have every reason to believe that there still is, in India an appreciable degree of jealousy between the official and non-official Europeans.

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