By M. R. Jayakar [We take the following extracts from the Presidential address of Mr. M. R. Jayakar at the Third Thana District Conference. Mr. Jayakar is a well-known Non-Co-operator who believes in the "principles and policy" of the movement and who joined the movement because he realised that "Our quarrel with the bureaucracy was far more substantial than our differences with the Congress Programme."] The Failure of the ProgrammeThe principles and the policy of the movement (N.C.O.) are substantially sound and have achieved unexpected success. But, with every month that has passed, the need has been felt in many quarters of revising and adjusting the programme in the light of previous experience. When dispassionately judged by such experience it will be found that some details of the congress programme have not achieved the desired success; on the contrary, they have formed weak links in the main. When these items were undertaken they evoked a large volume of adverse criticism in the ranks of Congress workers. Many of them have, no doubt, subordinated their differences, out of loyalty to the main cause, and quite a large number, out of their esteem and regard for the personality of the selfless and saintly promoter of the movement. But, notwithstanding this admirable display of loyalty among Congress men, the fact remains and has to be reckoned with, that many items have proved unsuccessful and perhaps act, in consequence as a clog on the movement. The soreness, which some of these details have caused, still remains and is operating to undivide some from others and makes them lukewarm or unwilling to throw their whole heart into this movement. If these co-workers of ours could be placated by a revision of the Congress programme, so that most of the earnest-minded workers for cause could substantially agree to its Experiment in youthful sacrificeWhen once the necessity is recognized of revising the programme in the light of these comments, which are being made throughout the country, it will not be difficult to find out in what directions the programme has not achieved the expected success and the reasons for the same. For instance, the boycott of schools and colleges have not succeeded and even persons, of known and undoubted loyalty to the cause, complain that the action of Congress workers has caused more harm than good. They concentrated too much on the disruption of existing institutions and less on the creation and maintenance of new ones on "national" lines. They forgot that a student cannot be left idle in the street and that, if the Congress must call him out, it can only be after it has provided for him a good substitute. In Bombay we let pass the psychological moment when we could have founded and reared up an excellent college with various branches. Public enthusiasm was ripe for it in the early part of the year, but we let it evaporate in declamation and emotional exaltation. Some went so far as to suggest that it was no part of the Congress programme to start national Colleges though the terms of the Congress Resolution specially provided for it. 50000 boys are out in idleness, says Sir Ashutosh Mukherji, some may glorify in this catastrophe, but there are many who regard this disruptive event with sad dismay. We have experimented too much in youthful sacrifice. Our youth have reciprocated with more love and tenderness than we have shown for their welfare. The few good institutions which Congress workers have created, are suffering from our neglect and apathy and dragging a weary existence. The shadow of a name has, very often been pursued, to the abandonment of the substance, and we now The Lawyer-FailureOur ban on lawyers has, likewise, not attained much success. Few lawyers, whose sacrifice of their practice has added strength to the Congress cause, have responded to the call. The prestige of British court in civil Suits between an Indian and Indian has not been destroyed and can not be so easily destroyed; for, ordinarily this variety of legal contests is not much colored with injustice, as political trials are. If lawyers had been called out, because, being a trained class of workers, the country wanted their undivided time and attention at this critical hour, it would have been a different matter, and, perhaps, if the call had been so made many, many more would have responded to it. But it was put the wrong way, and the lawyer was made to appear as if, in pursuing his profession, he was acting sinfully and must atone for it by a complete withdrawal from practice. The result was that, out of sheer self-respect, many really good lawyers have declined to respond to the call. Many could not give up their practice for pecuniary reasons and were too honest to adopt subterfuges calculated to create a semblance of sacrifice. Lawyers have become "pariahs" of our present political life. Some of them had borne the brunt of public agitation for more than two decades; their place is vacant and no class of workers of equal intelligence and keenness has come forward to take it. A Foul AtmosphereThis part of the Congress programme has created a foul atmosphere of hypocrisy, intolerance, imposture and conceit in the Congress Camp, in which modesty, self-respect, and honesty often time find it hard to hold their place. In our enthusiasm, we forget that many lawyers value their profession for the training it affords in courage, truthfulness, honor and toleration. No other profession trains a young man so well to withstand and expose injustice and to uphold the tradition of truth and honor. Our past political history of thirty-three years is a brilliant record of the services rendered Revise the ProgrammeThe failure of these parts of the programme is now practically admitted and they are now pushed into the background. It would be better if, in revising the programme in the next Session of the Congress, these limbs, which have ceased to function or respond to the laws of our growth, are boldly amputated. In any event, they make clear the necessity of a revision, so as to render the programme more effective, elastic and practical. Enter the CouncilsThe fight requires to be carried on in manifold ways. Some may carry it in the Councils, face to face with the officials. Why cannot "Non-Co-operation," in its proper sense, be practised in the Councils? Sir P. M. Mehta, when he left the Council Hall with his colleagues on a memorable occasion when he, face to face with the then home member, mercilessly uncloacked the preposterous pretensions of the bureaucracy, was fighting with weapons and a spirit which many Non-Co-operators of the true and accredited brand may envy in these days. If Non-Co-operation is an attitude of the mind, as its eminent author conceives it, and not so much a programme or a creed, a Council Hall is as fitting a place for its display as a mass meeting in a Marwadi Vidyalaya. The N.C.O. ConcessionWe have already departed from the original rigor of our programme in this behalf. A Non-Co-operator can now compete at Municipal elections. He can offer advice to Government in or outside private interviews. Non-co-operator papers do report the proceedings of the Legislative Bodies, comment on them, and suggest remedies for the benefit of the Government. Scarcely a non-Co-operator now-a-days speaks without referring to gubernatorial utterances and orders in Council. He comments on the policies of Government, suggesting remedies as he goes on with his comments. Several lawyers in Bombay, who are still in practice, are now allowed to occupy prominent places as speakers at Non-Co-operation meetings. This is as it should be, for we cannot afford to ignore or despise, in the stinted state as our resources, the co-operation of any honest workers, prepared to make a sacrifice commensurate with his capacity. This is all done now silently and as a concession. My plea is for making the programme so wide, elastic and natural, as to turn these concessions into acknowledged rights. The Congress Creed calls upon us to obtain Swaraj by all legitimate and peaceful means. All weapons, all avenues of work and all manner of public workers are enjoined on us, for the attainment of the common end. Why set up ascetic standards, unpractical tests, and unnatural bans, which may often let in the dishonest but keep out the honest man, whose co-operation, even with a difference, is often worth loving. The programme may become theoretically less perfect, perhaps logically less consistent, but it will certainly be more natural, real and effective. Suggested ModificationsThe exact form of the modification must be left to future discussion. I would, therefore, suggest as follows: (1) That foreign propaganda, so summarily put an end to at (2) That the time limited be abandoned, for reasons mentioned in para 25 below. (3) That the elections to Legislative Bodies, whenever a chance should occur, should be contested perhaps with the limitation, that in the Provinces, unless complete autonomy is introduced, Congressmen should not accept office under the present system of Government. This may be, if so desired, made conditional on Government agreeing to dissolve the present Bodies. (4) A large modification of the educational boycott, including the total abrogation of the compulsory part of it. Attention should be concentrated more on the creation of national institutions than on the withdrawal of students as a set propaganda. When such institutions are projected, and some of them actually in existence, and they compete favorably with state aided institutions, I have no doubt that sufficient impulses have been generated in the country to secure the exercise of the option in favor of the former. Side by side with this, an intensive propaganda should be carried on in the Councils and outside, having for its object the popularisation of the Universities by a change of the Act governing them, and also the "nationalisation" of the existing system of state-aided education, so as to bring it into greater accord with the present-day requirements and aspirations of the people. To me, it seems to be such a pity that we have deserted this avenue of agitation, to be feebly utilised by a few persons in the present Councils, struggling against an unsuitable environment. Nine crores, which is nearly the total output on State education, we are not in a position to despise, and it seems wrong to wait for this reform till complete Swarajya is attained, which may or may not be for some time yet. Considerable harm has been done to the cause of education by the exclusion of this avenue work from the programme of Congress activities. The fate of primary (5) A large modification of the ban against lawyers, so as to admit of several grades of sacrifice from complete abstention from practice to a giving up of the entirety or a part of the earnings. A way should be found for getting as many lawyers as possible to work in this movement provided they are prepared to give the cause at least a part of their time or money. The Congress ought to modify its call, so as to make it possible for all honest-minded lawyers to bear the burden of the country's cause, commensurate with their capacity to sacrifice. Similarly, in the matter of conducting defences in British courts, some curious departure have come to be made from the strict Congress rule. These departures only indicate that, in its operation, the rule has been found unpractical and irksome. Congressmen are not to engage pleaders nor offer a defence with legal aid. They are simply to make a "statement." A statement is as much an aid to the administration of justice as a lawyer-made defence, and in so far, it equally supports the prestige of British courts. Only, it has the disadvantage of being prolix and unconvincing. It, therefore, fails of its mark more often than a lawyer's defence. Who can urge that the long and interesting statements made by the Ali Brothers and their co-accused, in the trial at Karachi were out of place? Yet they had all the features of a lawyer-made defence, as an aid to the court. The evidence was discussed, legal objections raised, relevancy commented on and the prosecution evidence answered. All this assistance was given to the court, helping it to arrive at truth and justice, precisely in the same way as a practising lawyer aids judicial administration. If a statement is permitted, why cannot a lawyer be employed in Court to make it more convincing and exculpatory? A statement must be based on facts, and these facts become material only when proved. On what rational grounds can, therefore, a statement permitted and yet the material evidence supporting it disallowed? It is no answer to say that the statement Civil DisobedienceWe are on the eve of Mahatma Gandhi undertaking an important part of his programme by starting Civil Disobedience in a district in Surat. It is very difficult to offer any useful comment on this undertaking because beyond the general lines, his programme in its detail is not yet before the Country. We can only hope that the resistance to law will not be so undertaken as to be widely interpreted as a sort of charter for general lawlessness. That would be a catastrophe for which the country is not prepared. This seems also to be Mr. Gandhi's opinion, for he has very prudently circumscribed the practice of the resistance with very severe restrictions, involving a moral and economic preparation. To disobey specific orders of Government or their officials, which have no moral sanction behind them or are illegal in their inception, is a comparatively easy matter, fraught with no far-reaching harm to the community. The disobedience, in such a case commands the moral approval of the civilised community, and ends only by affecting the prestige of the promulgator of the order. But when a campaign is undertaken involving a wholesale and general defiance of order and authority, forces may arise, which, in the hands of inexperienced and enthusiastic associates or partisans, may reach extreme limits, involving the community in chaos, disorder and possibly violence. The country has had only a year's training in his (Mr. Gandhi) counsels of non-violent resistance—far too short a period for his countrymen to imbibe his spirit, in a manner worthy of his teaching. May we, therefore, hope that in launching on this undertaking he will seriously consider this aspect of the case? We shall of course, watch his experiment but with concern and solicitude, feeling secure in the |