HC Deb 14 June 1906 vol 158 cc1129-30
*SIR H. COTTON

I beg to ask the Secretary of State for India whether his attention has been drawn to the circumstances of a case in which the sub-divisional officer of Munshigunge, in the newly-established province of Eastern Bengal and Assam, has fined two schoolboys Rs.500 and Rs.150 respectively, and has awarded thirty stripes each to two other boys, for obstructing a constable in the alleged discharge of his duties, and also to the judgment of the magistrate in the case, which describes the offences as not very serious, and, while exonerating the boys from any bad motive and questioning the propriety of the constable's action, justifies the severity of the sentence on the ground that the prevailing spirit all around requires to be curbed in such a manner as to prove a sound lesson to the accused and a warning to their class; and whether, having regard to the frequency of schoolboy prosecutions in Bengal and to the feelings which this policy is arousing in the new province, he will issue instructions to refrain from schoolboy prosecutions, as far as possible, in future.

MR. MORLEY

I have seen a report of the magistrate's judgment in the case to which the hon. Gentleman refers. While giving weight to the points which were in favour of the accused persons the magistrate, who was a Bengali Hindu gentleman, stated that he was unable to overlook the fact that it was no business of theirs to interfere in matters that were not within their province. If the sentences were considered too severe it was open to the accused to move the Courts to reduce the fines. The case occurred three months ago, and as I have no reason to suppose that schoolboy prosecutions are or are likely to become frequent, I see no necessity to issue any instructions on the subject.

*SIR H. COTTON

May I ask the right hon. Gentleman whether he will be prepared to give facilities in procuring a Return which I have asked for, regarding these schoolboy prosecutions?

MR. MORLEY

promised to consider if he could grant a Return of these cases.