§ 75. Mr. LANSBURYasked the Under- Secretary of State for India whether he can give any information regarding the Act reforming the rural code passed by the Burmese Legislature which extends whipping as a punishment for offences not previously subject to such punishment; and whether he will lay upon the Table of the House a statement showing the offences for which whipping may be inflicted and the maximum number of lashes for each offence?
§ Earl WINTERTONI will place in the Library a copy of the Whipping (Burma Amendment) Act, 1927, together with the statement of the objects and reasons therefor. As regards the second part of the question, I would refer the hon. Member to the provisions of the Whipping Act, 1909, as amended by Act 17 of 1914, of which also a copy will be placed in the Library. Whipping is also inflicted as a gaol punishment under rules made by the Governor-General in Council. By Section 392 (2) of the Criminal Procedure Code, 1898, it is enacted that in no case shall the punishment of whipping exceed 30 stripes, or 15 stripes in the case of a person under 16 years of age.
§ Mr. LANSBURYIs the Under-Secretary aware that this Act was passed over the heads of the elected representatives of Burma, and does the Under-Secretary of State approve of places like Burma inflicting a form of punishment which has been repudiated by most civilised countries?
§ Earl WINTERTONI am not aware of the circumstances under which the Act was passed. It may be as the hon. Member has stated, but it is a fact that this Act was passed as a result of the recommendations of a Select Committee appointed by the Burma Legislature on which there was a majority of Burmans. The majority recommended that there should be a fresh law on, the subject of whipping, in order to stop the very serious cases of assault and robbery with violence which were being committed in Burma.
§ Mr. LANSBURYIs the Under-Secretary aware that the elected representatives of Burma walked out of the Assembly as a protest against this legislation being carried by the votes of official nominees?
§ Earl WINTERTONSome of the elected representatives may have done so, but the fact remains that this Act was passed as a result of the recommendations of a Select Committee on which there was a majority of Burmans who came to the conclusion that the only way to stop robbery with violence was by beating people who were guilty of it.