[Forty-one years in India by Frederick Sleigh Roberts]@TWC D-Link bookForty-one years in India CHAPTER XXXI 6/11
Eastern races are accustomed to a paternal despotism, and they conceive it to be the proper function of the local representatives of the supreme Power to investigate and determine on the spot the various criminal and civil cases which come under the cognizance of the district officials.
Legal technicalities and references to distant tribunals confuse and harass a population which, with comparatively few exceptions, is illiterate, credulous, and suspicious of underhand influence.
An almost unlimited right of appeal from one court to another, in matters of even the most trivial importance, not only tends to impair the authority of the local magistrate, but gives an unfair advantage to the wealthy litigant whose means enable him to secure the services of the ablest pleader, and to purchase the most conclusive evidence in support of his claims. For it must be remembered than in India evidence on almost any subject can be had for the buying, and the difficulty, in the administration of justice, of discriminating between truth and falsehood is thereby greatly increased.
Under our system a horde of unscrupulous pleaders has sprung up, and these men encourage useless litigation, thereby impoverishing their clients, and creating much ill-feeling against our laws and administration. Another point worthy of consideration is the extent to which, under the protection of our legal system, the peasant proprietors of India are being oppressed and ruined by village shop-keepers and money-lenders.
These men advance money at a most exorbitant rate of interest, taking as security the crops and occupancy rights of the cultivators of the soil.
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