HC Deb 08 March 1883 vol 276 c1723
MR. MACFARLANE

asked the Under Secretary of State for India, If it is true that a number of Native gentlemen are exempted from personal appearance in the Courts of Law in India and all women above a certain rank; if he will lay upon the Table of the House a Return showing the total number of personal and other exemptions; and, if, in the event of the Bill subjecting Europeans to trial by Native magistrates becoming Law, he will urge upon the Government of India the propriety of abolishing all class distinctions and anomalies?

MR. J. K. CROSS

Sir, women who, according to Native ideas, ought not to be seen in public, are exempt from personal appearance in the Civil Courts. Their evidence is either taken by Commission or they are brought into Court and examined in palanquins. They are not exempt from arrest in execution of civil process nor upon a criminal charge. Local Governments may, by notification in The Gazette, exempt from personal appearance in the Civil Courts any man whose rank they consider entitles him to the privilege. But those who claim this privilege are liable for the costs of the Commission under which their evidence is taken. In criminal matters men enjoy no privilege except that those exempted from personal appearance in Civil Courts do not serve as jurors or assessors. The India Office is unable to furnish the Return asked for; and, should the Bill referred to become law, Government has no intention of making the changes asked for by the hon. Member.

MR. MACFARLANE

Will the hon. Gentleman give the return?

MR. J. K. CROSS

If the hon. Member formulates the Return he wants I shall be in a better position to answer the Question.