HC Deb 05 March 1931 vol 249 cc595-601

Statement issued by the Government of India.

The following statement by the Governor-General in Council is published for general information:

'1. Consequent on the conversations that have taken place between His Excellency the Viceroy and Mr. Gandhi, it has been arranged that the Civil Disobedience Movement be discontinued, and that, with the approval of His Majesty's Government, certain action he taken by the Government of India and Local Governments.

2. As regards constitutional questions, the scope of future discussions is stated with the assent of His Majesty's Government to be with the object of considering further the scheme for constitutional government of India discussed at the Round-Table Conference. Of the scheme there outlined, Federation is an essential part; so also are Indian responsibility and reservations or safeguards in the interests of India for such matters as, for instance, defence, external affairs, the position of minorities, the financial credit of India and discharge of obligations.

3. In pursuance of the statement made by the Prime Minister in his announcement of the 19th January, 1931, steps will be taken for the participation of the representatives of Congress in the further discussions that are to take place on the scheme of Constitutional Reform.

4. The settlement relates to the activities directly connected with the Civil Disobedience Movement.

5. Civil Disobedience will be effectively discontinued and reciprocal action will be taken by Government. The effective discontinuance of the Civil Disobedience Movement means the effective discontinuance of all activities by whatever method pursued in furtherance thereof and in particular the following:

  1. (a) The organised defiance of the provisions of any laws.
  2. (b) The movement for the non-payment of land revenue and other legal dues.
  3. (c) The publication of news-sheets in support of the Civil Disobedience Movement.
  4. (d) Attempts to influence civil and military servants or village officials against Government or to persuade them to resign their posts.

6. As regards the boycott of foreign goods, there are two issues involved; firstly, the character of the boycott, and secondly, the methods employed in giving effect to it. The position of the Government is as follows: They approve of the encouragement of Indian industries as part of economic and industrial movements designed to improve the material condition of India, and they have no desire to discourage methods of propaganda, persuasion or advertisement pursued with this object in view, which do not interfere with the freedom of action of individuals or are not prejudicial to the maintenance of law and order. But the boycott of non-Indian goods (except of cloth, which it has applied to all foreign cloth) has been directed during the Civil Disobedience Movement, chiefly, if not exclusively, against British goods, and in regard to these, it has been admittedly employed in order to exert pressure for political ends.

It is accepted that a boycott of this character and organised for this purpose will not be consistent with the participation of representatives of the Congress in a frank and friendly discussion of constitutional questions between the representatives of British India, of Indian States and of His Majesty's Government and political parties in England, which the settlement is intended to secure. It is therefore agreed that the discontinuance of Civil Disobedience connotes the definite discontinuance of the employment of the boycott of British commodities as a political weapon, and that, in consequence, those who have given up during a time of political excitement the sale or purchase of British goods must be left free, without any form of restraint, to change their attitude if they so desire.

7. In regard to the methods employed in furtherance of the replacement of non-Indian by Indian goods or against the consumption of intoxicating liquor and drugs, resort will not be had to methods coming within the category of picketing except within the limits permitted by the ordinary law. Such picketing shall be unaggressive and it shall not involve coercion, intimidation, restraint, hostile demonstration, obstruction to the public, or any offence under the ordinary law. If and when any of these courses are employed in any place, the practice of picketing in that place will be suspended.

8. Mr. Gandhi has drawn the attention of the Government to specific allegations against the conduct of the police and represented the desirability of a public inquiry into them. In present circumstances, the Government sees great difficulty in this course and feels that it must inevitably lead to charges and counter-charges and so militate against the re-establishment of peace. Having regard to these considerations, Mr. Gandhi agreed not to press the matter.

9. The action that the Government will take on the discontinuance of the Civil Disobedience Movement is stated in following paragraphs.

10. Ordinances promulgated in connection with the Civil Disobedience Movement will be withdrawn.

Ordinance No. 1 of 1931 relating to the terrorist movement does not come within the scope of this provision.

11. Notifications declaring associations unlawful under the Criminal Law Amendment Act of 1908 will be withdrawn provided that the notifications were made in connection with the Civil Disobedience Movement.

The notifications recently issued by the Burma Government under the Criminal Law Amendment Act do not come within the scope of this provision.

12.—(i) Pending prosecutions will be withdrawn if they have been Sled in connection with the Civil Disobedience Movement and relate to offences which do not involve violence (other than technical violence) or incitement to violence.

  1. (ii) The same principle will apply to proceedings under the security provisions of the Criminal Procedure Code.
  2. (iii) Where a Local Government has moved any High Court or has initiated proceedings under the Legal Practitioners Act in regard to the conduct of a legal practitioner in connection with the Civil Disobedience Movement, it will make application to the Court concerned for permission to withdraw such proceedings, provided that the alleged conduct of the persons concerned does not relate to violence or incitement to violence.
  3. (iv) Prosecutions, if any, against soldiers and police involving disobedience of orders will not come within the scope of this provision.

13.—(i) Those prisoners will be released who are undergoing imprisonment in connection with the Civil Disobedience Movement for offences which did not involve violence (other than technical violence) or incitement to violence.

  1. (ii) If any prisoner who comes within the scope of (i) above has been also sentenced 598 for a jail offence not involving violence (other than technical violence) or incitement to violence, the latter sentence also will be remitted, or if a prosecution relating to an offence of this character is pending against such a prisoner, it will be withdrawn.
  2. (iii) Soldiers and police convicted of offences involving the disobedience of orders—in the very few cases that have occurred—will not come within the scope of the amnesty.

14. Fines which have not been realised will be remitted. Where an order for forfeiture of security has been made under the security provisions of the Criminal Procedure Code and the security has not been realised it will be similarly remitted.

Fines which have been realised and securities forfeited and realised under any law will not be returned.

15. Additional police imposed in connection with the Civil Disobedience Movement at the expense of the inhabitants of a particular area will be withdrawn at the discretion of the Local Government. Local Governments will not refund any money not in excess of the actual cost that has been realised, but they will remit any sum that has not been realised.

16.—(a) Movable property which is not an illegal possession, and which has been seized in connection with the Civil Disobedience Movement under the Ordinances or the provisions of the Criminal Law, will be returned if it is still in the possession of the Government.

  1. (b) Movable property forfeited or attached in connection with the realisation of land revenue, or other dues, will be returned unless the Collector of the District has reason to believe that the defaulter will contumaciously refuse to pay dues recoverable from him within a reasonable period. In deciding what is a reasonable period, special regard will be paid to cases in which defaulters, while willing to pay, genuinely require time for the purpose; and if necessary the collection of revenue will be suspended in accordance with the ordinary principles of land revenue administration.
  2. (c) Compensation will not be given for deterioration.
  3. (d) Where movable property has been sold or otherwise finally disposed of by the Government compensation will not he given, and sale proceeds will not be returned, except in so far as they are in excess of legal dues for which property may have been sold.
  4. (e) It will be open to any person to seek any legal remedy he may have on the ground that the attachment or seizure of property was not in accordance with the law.

17.—(a) Immovable property of which possession has been taken under Ordinance IX of 1930, will be returned in accordance with the provisions of the Ordinance.

  1. (b) Land and other immovable property in the possession of the Government which has been forfeited or attached in connection with the realisation of land revenue or other dues will be returned unless the Collector of 599 the District has reason to believe that the defaulter will contumaciously refuse to pay the dues recoverable from him within a reasonable period. In deciding what is a reasonable period, special regard will be paid to cases in which the defaulter, while willing to pay, genuinely requires time for the purpose and, if necessary, the collection of revenues will be suspended in accordance with the ordinary principles of the land revenue administration.
  2. (c) Where immovable property has been sold to third parties, the transaction must be regarded as final so far as the Government are concerned.

NOTE.—Mr. Gandhi has represented to Government that according to his information and belief, some at least of these sales have been unlawful and unjust. Government, on the information before them, cannot accept this contention.

(d) It will be open to any person to seek any legal remedy he may have on the ground that the seizure or attachment of property was not in accordance with the law.

18. Government believe that there have been very few cases in which the realisation of dues has not been made in accordance with the provisions of the law. In order to meet such cases, if any, Local Governments will issue instructions to District Officers to have prompt inquiry made into any specific complaints of this nature and to give redress without delay if illegality is established.

19. Where posts rendered vacant by resignations have been permanently filled the Government will not be able to reinstate the late incumbents. Other cases of resignation will be considered on their merits by Local Governments who will pursue a liberal policy in regard to the reappointment of Government servants and village officials who apply for reinstatement.

20. Government are unable to condone breaches of the existing law relating to salt administration, nor are they able, in the present financial conditions of the country, to make substantial modifications in the Salt Acts.

For the sake, however, of giving relief to certain of the poorer classes, they are prepared to extend their administrative provisions on the lines already prevailing in certain places in order to permit local residents, in villages immediately adjoining the areas where salt can be collected or made, to collect or make salt for domestic consumption or sale within such villages, but not for sale to or trading with individuals living outside them.

21. In the event of Congress failing to give full effect to the obligations of this settlement, Government will take such action as may in consequence become necessary for the protection of the public and individuals, and due observance of law and order.'"

In connection with this statement, my first duty is to express, on behalf of His Majesty's Government, their deep appre- ciation of the public services rendered in this matter by the Viceroy, Lord Irwin.

I hope it is not too much to say that, owing to the patriotic action of those Indian Princes and British Indians who accepted the invitation to meet all parties in the British Parliament at the Round Table Conference, and owing to the strengthening of that Conference by the participation of the National Congress, we have begun a new era of co-operation and good will which will be to the benefit of both countries alike.

Mr. S. BALDWIN

I am grateful to the right hon. Gentleman for having read us a statement of the highest importance. He, of course, has had the advantage of already seeing that statement. I can only say at this moment that it is one to which we shall give our closest attention, but until I have been able to master it, I would prefer to abstain from any comment. I think it would be desirable for the Government to consider whether it would not be possible to expedite the discussion which has been promised us on the Indian Vote, which, I believe, is down for the week after next. It might be worth considering whether it would not be possible to have it one day next week, by which time the whole House will have been able to master the document, and I think that no time should be wasted before the substance of that document came before the House.

Mr. LLOYD GEORGE

I am very sorry I was not here at the opening sentences of the right hon. Gentleman, but I hope that the document will be available to-day. [HON. MEMBERS: "It is!"] I assumed that that would be so. I also feel that a document of this immense importance one would like to study very carefully, but after hearing what I have, I have no hesitation on behalf of my friends and myself, in associating ourselves with the congratulations tendered by the right hon. Gentleman to the Viceroy and all others concerned who have succeeded in this very notable achievement.

Mr. BROCKWAY

While very sincerely congratulating the right hon. Gentleman on this result, I would like to put one question to him—whether the amnesty which is suggested for political offenders in Indian gaols will be extended to those who committed purely political offences, and not violent offences, before the commencement of the civil disobedience movement?

Mr. BENN

I am afraid that I cannot go beyond the terms of the statement.

Mr. FREEMAN

Is it the intention of the Government to give practical effect to this agreement forthwith, and, if so, will the political offenders to which the right hon. Gentleman referred be released at once?

Mr. BENN

That is dealt with, so far as it can be dealt with, in the statement.