HC Deb 31 March 1908 vol 187 cc306-7
MR. O'GRADY

I beg to ask the Secretary of State for India whether in view of the prosecution and sentence of printers and editors of papers in India generally to long terms of rigorous imprisonment and heavy amounts in fines under the Indian Penal Code for carrying on the propaganda of nationalism, and as it is impossible to carry on such propaganda without transgressing the terms of the code, he will take steps to amend the code so that constitutional reform agitation shall be exempt from its operation.

MR. MORLEY

If my hon. friend will refer to Section 124A of the Indian Penal Code, under which the prosecutions to which he refers have taken place, he will find that it includes this provision: "Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt, or disaffection do not constitute an offence under this section." I am not prepared to extend the exemption to forms of agitation such as cannot be brought within this description.

MR. O'GRADY

asked whether the right hon. Gentleman would consider the advisability of exempting from the operation of the Penal Code such acts as came within the propaganda of nationalism.

MR. MORLEY

I cannot exempt anybody from the operation of the Penal Code.

MR. O'GRADY

asked whether it was not possible to frame some new law to deal especially with cases of this character.

MR. MORLEY

I am asked to introduce a new law allowing anybody to agitate for a change of Government and excite or attempt to excite "hatred, contempt and disaffection." I do not think I could be responsible for a change of law of that kind.

MR. O'GRADY

asked whether they were to understand that the Government of India wished to put an end to the propaganda of nationalism in India, because it was impossible to carry it on under the terms of the Penal Code.

MR. MORLEY

They can agitate as much as they please, but they must not break the law by deliberately exciting hatred, contempt, and disaffection.

SIR H. COTTON (Nottingham, E.)

asked whether his right hon. friend was not aware that a learned Chief Justice in India, when he was only Justice in the Bombay Court, defined the word "disaffection" in the section as meaning want of affection.

MR. MORLEY

My hon. friend must be so good as to give me notice of that.