Book Title: Indian Home Rules Gandhiji
Author(s): Mohandas Karamchand Gandhi, Gandhiji
Publisher: Yann Forget

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Page 42
________________ HIND SWARAJ OR INDIAN HOME RULE decide what fees they will charge and they put on so much side that poor people almost consider them to be heaven-born. Why do they want more fees than common labourers? Why are their requirements greater? In what way are they more profitable to the country than the labourers? Are those who do good entitled to greater payment? And, if they have done anything for the country for the sake of money, how shall it be counted as good? Those who know anything of the Hindu-Mahomedan quarrels know that they have been often due to the intervention of lawyers. Some families have been ruined through them; they have made brothers enemies. Principalities, having come under the lawyers' power, have become loaded with debt. Many have been robbed of their all. Such instances can be multiplied. But the greatest injury they have done to the country is that they have tightened the English grip. Do you think that it would be possible for the English to carry on their Government without law courts? It is wrong to consider that courts are established for the benefit of the people. Those who want to perpetuate their power do so through the courts. If people were to settle their own quarrels, a third party would not be able to exercise any authority over them. Truly, men were less unmanly when they settled their disputes either by fighting or by asking their relatives to decide for them. They became more unmanly and cowardly when they resorted to the courts of law. It was certainly a sign of savagery when they settled their disputes by fighting. Is it any the less so, if I ask a third party to decide between you and me? Surely, the decision of a third party is not always right. The parties alone know who is right. We, in our simplicity and ignorance, imagine that a stranger, by taking our money, gives us justice. The chief thing, however, to be remembered is that without lawyers courts could not have been established or conducted and without the latter the English could not rule. Supposing, that there were only English judges, English pleaders and English police, they could only rule over the English. The English could not do without Indian judges and Indian pleaders. How the pleaders were made in the first instance and how they were favoured you should understand well. Then you will have the same abhorrence for the profession that I have. If pleaders were to abandon their profession, and consider it just as degrading as prostitution, English rule would break up in a day. They have been instrumental in having the charge laid against us that we love quarrels and courts as fish love water. What I have said with reference to the pleaders necessarily applies to the judges; they are first cousins; and the one gives strength to the other. 42

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