Bande Mataram
CONTENTS
Part One Writings and a Resolution 1890 1906 |
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India and the British Parliament
The Proposed Reconstruction of Bengal On the Bengali and the Mahratta Resolution at a Swadeshi Meeting |
Part Two
Bande Mataram under the Editorship of Bipin Chandra Pal 6 August 15 October 1906
Darkness in Light 20.8.06
Our Rip Van Winkles
20.8.06
Indians Abroad 20.8.06
Officials on the Fall of Fuller
20.8.06
Cow Killing: An Englishman's Amusements in Jalpaiguri
20.8.06
Schools for Slaves 27.8.06
By the Way
27.8.06
The Mirror and Mr. Tilak
28.8.06
Leaders in Council 28.8.06
Loyalty and Disloyalty in East Bengal
30.8.06
By the Way 30.8.06
Lessons at Jamalpur
1.9.06
By the Way 1.9.06
By the Way
3.9.06
Partition and Petition 4.9.06
English Enterprise and Swadeshi
4.9.06
Sir Frederick Lely on Sir Bampfylde Fuller 4.9.06
Jamalpur
4.9.06
By the Way 4.9.06
The Times on Congress Reforms
8.9.06
By the Way 8.9.06
The Pro-Petition Plot
10.9.06
Socialist and Imperialist 10.9.06
The Sanjibani on Mr. Tilak
10.9.06
Secret Tactics 10.9.06
By the Way
10.9.06
A Savage Sentence
11.9.06
The Question of the
Hour 11.9.06
A Criticism 11.9.06
By the Way 11.9.06
The Old Policy and
the New 12.9.06
Is a Conflict
Necessary? 12.9.06
The Charge of Vilification 12.9.06
Autocratic Trickery
12.9.06
By the Way 12.9.06
Strange
Speculations 13.9.06
The Statesman under
Inspiration 13.9.06
A Disingenuous
Defence 14.9.06
Last Friday's Folly
17.9.06
Stop-gap Won't Do
17.9.06
By the Way 17.9.06
Is Mendicancy
Successful? 18.9.06
By the Way 18.9.06
By the Way 20.9.06
By the Way 1.10.06
By the Way 11.10.06
Part Three
Bande Mataram under the Editorship of Sri Aurobindo
24 October 1906 27 May 1907
The Famine near Calcutta
29.10.06
Statesman's Sympathy Brand 29.10.06
By the Way. News from Nowhere
29.10.06
The Statesman's Voice of Warning 30.10.06
Sir Andrew Fraser
30.10.06
By the Way. Necessity Is the Mother of Invention
30.10.06
Articles Published in the Bande Mataram in November and December 1906
The Man of the Past and the Man of the
Future 26.12.06
The Results of the Congress
31.12.06
Yet There Is Method in It 25.2.07
Mr. Gokhale's Disloyalty
28.2.07
The Comilla Incident 15.3.07
British Protection or Self-Protection
18.3.07
The Berhampur Conference 29.3.07
The President of the Berhampur Conference
2.4.07
Peace and the Autocrats 3.4.07
Many Delusions
5.4.07
By the Way.
Reflections of Srinath Paul, Rai Bahadoor, on the Present Discontents
5.4.07
Omissions and Commissions at Berhampur 6.4.07
The Writing on the Wall
8.4.07
A Nil-admirari Admirer 9.4.07
Pherozshahi at Surat
10.4.07
A Last Word 10.4.07
The Situation in East Bengal
11.4.07
The Doctrine of Passive Resistance 11 23.4.07
I.
Introduction
II.
Its Object
III.
Its Necessity
IV.
Its Methods
VI.
Its Limits
VII.
Conclusions
The Proverbial Offspring
12.4.07
By the Way 12.4.07
By the Way
13.4.07
The Old Year 16.4.07
Rishi Bankim Chandra
16.4.07
A Vilifier on Vilification 17.4.07
By the Way. A Mouse in a Flutter
17.4.07
Simple, Not Rigorous 18.4.07
British Interests and British Conscience
18.4.07
A Recommendation 18.4.07
An Ineffectual Sedition Clause
19.4.07
The Englishman as a Statesman 19.4.07
The Gospel according to Surendranath
22.4.07
A Man of Second Sight 23.4.07
Passive Resistance in the Punjab
23.4.07
By the Way 24.4.07
Bureaucracy at Jamalpur
25.4.07
Anglo-Indian Blunderers 25.4.07
The Leverage of Faith
25.4.07
Graduated Boycott 26.4.07
Instinctive Loyalty
26.4.07
Nationalism, Not Extremism 26.4.07
hall India Be Free? The Loyalist Gospel
27.4.07
The Mask Is Off 27.4.07
Shall India Be Free? National Development
and Foreign Rule 29.4.07
Shall India Be Free?
30.4.07
Moonshine for Bombay Consumption
1.5.07
The Reformer on Moderation 1.5.07
Shall India Be Free? Unity and British Rule
2.5.07
Extremism in the Bengalee 3.5.07
Hare or Another
3.5.07
Look on This Picture, Then on That 6.5.07
Curzonism for the University
8.5.07
Incompetence or Connivance 8.5.07
Soldiers and Assaults
8.5.07
By the Way 9.5.07
Lala Lajpat Rai Deported
10.5.07
The Crisis 11.5.07
Lala Lajpat Rai
11.5.07
Government by Panic 13.5.07
In Praise of the Government
13.5.07
The Bagbazar Meeting 14.5.07
A Treacherous Stab
14.5.07
How to Meet the Ordinance 15.5.07
Mr. Morley's Pronouncement
16.5.07
The Bengalee on the Risley Circular 16.5.07
What Does Mr. Hare Mean?
16.5.07
Not to the Andamans! 16.5.07
The Statesman Unmasks
17.5.07
Sui Generis 17.5.07
The Statesman on Mr. Mudholkar
20.5.07
The Government Plan of Campaign 22.5.07
The Nawab's Message
22.5.07
And Still It Moves 23.5.07
British Generosity
23.5.07
An Irish Example 24.5.07
The East Bengal Disturbances
25.5.07
Newmania 25.5.07
The Gilded Sham
Again 27.5.07
National Volunteers
27.5.07
Part Four
Bande Mataram under the Editorship of Sri Aurobindo 28 May 22 December 1907
The True Meaning of the Risley Circular 28.5.07
Cool Courage and Not Blood-and-Thunder
Speeches 28.5.07
The Effect of Petitionary Politics
29.5.07
The Sobhabazar Shaktipuja 29.5.07
The Ordinance and After
30.5.07
A Lost Opportunity 30.5.07
The Daily News and Its Needs
30.5.07
Common Sense in an Unexpected Quarter 30.5.07
Drifting Away
30.5.07
The Question of the Hour 1.6.07
Regulated Independence
4.6.07
A Consistent Patriot 4.6.07
Holding on to a Titbit
4.6.07
Wanted, a Policy 5.6.07
Preparing the Explosion
5.6.07
A Statement 6.6.07
Law and Order
6.6.07
Defying the Circular 7.6.07
By the Way. When
Shall We Three Meet Again? 7.6.07
The Strength of the Idea
8.6.07
Comic Opera Reforms 8.6.07
Paradoxical Advice
8.6.07
An Out-of-Date Reformer 12.6.07
The Sphinx
14.6.07
Slow but Sure 17.6.07
The Rawalpindi Sufferers
18.6.07
Look on This Picture and Then on That 18.6.07
The Main Feeder of Patriotism
19.6.07
Concerted Action 20.6.07
The Bengal Government's Letter
20.6.07
British Justice
21.6.07
The Moral of the Coconada Strike 21.6.07
The Statesman on Shooting
21.6.07
Mr. A. Chaudhuri's Policy 22.6.07
A Current Dodge
22.6.07
More about British Justice 24.6.07
Morleyism Analysed
25.6.07
Political or Non-Political 25.6.07
Hare Street Logic
25.6.07
The Tanjore Students' Resolution 26.6.07
The Statesman on Mr. Chaudhuri
26.6.07
"Legitimate Patriotism" 27.6.07
Khulna Oppressions
27.6.07
The Secret Springs of Morleyism 28.6.07
A Danger to the State
28.6.07
The New Thought. Personal Rule and Freedom of Speech and Writing
28.6.07
The Secret of the Swaraj Movement 29.6.07
Passive Resistance in France
29.6.07
By the Way 29.6.07
Stand Fast
1.7.07
The Acclamation of the House 2.7.07
Perishing Prestige
2.7.07
A Congress Committee Mystery 2.7.07
Europe and Asia
3.7.07
Press Prosecutions 4.7.07
Try Again
5.7.07
A Curious Procedure 9.7.07
Association and Dissociation
9.7.07
Industrial India
11.7.07
From Phantom to Reality 13.7.07
Audi Alteram Partem
13.7.07
Swadeshi in Education 13.7.07
Boycott and After
15.7.07
In Honour of Hyde and Humphreys 16.7.07
Angelic Murmurs
18.7.07
A Plague o' Both
Your Houses 19.7.07
The Khulna Comedy
20.7.07
A Noble Example 20.7.07
The Korean Crisis
22.7.07
One More for the Altar 25.7.07
Srijut Bhupendranath
26.7.07
The Issue 29.7.07
District Conference at Hughly
30.7.07
Bureaucratic Alarms 30.7.07
The 7th of August
6.8.07
The Indian Patriot on Ourselves 6.8.07
Our Rulers and Boycott
7.8.07
Tonight's Illumination 7.8.07
Our First Anniversary
7.8.07
To Organise 10.8.07
Statutory Distinction
10.8.07
Marionettes and Others 12.8.07
A Compliment and Some Misconceptions
12.8.07
Pal on the Brain 12.8.07
Phrases by Fraser
13.8.07
To Organise Boycott 17.8.07
The Foundations of Nationality
17.8.07
Barbarities at Rawalpindi 20.8.07
The High Court Miracles
20.8.07
The Times Romancist 20.8.07
A Malicious Persistence
21.8.07
In Melancholy Vein 23.8.07
Advice to National College Students [Speech]
23.8.07
Sankaritola's Apologia 24.8.07
Our False Friends
26.8.07
Repression and Unity 27.8.07
The Three Unities of Sankaritola
31.8.07
Eastern Renascence 3.9.07
Bande Mataram 12-9-07
The Martyrdom of Bipin Chandra
12.9.07
Bande Mataram 14-9-07
Sacrifice and Redemption 14.9.07
Bande Mataram 20-9-07
The Un-Hindu Spirit
of Caste Rigidity 20.9.07
Bande Mataram 21-9-07
Caste and Democracy 21.9.07
Bande Mataram Prosecution
25.9.07
Pioneer or Hindu Patriot? 25.9.07
The Chowringhee Pecksniff and Ourselves
26.9.07
The Statesman in Retreat 28.9.07
The Khulna Appeal
28.9.07
A Culpable Inaccuracy 4.10.07
Novel Ways to Peace
5.10.07
"Armenian Horrors" 5.10.07
The Vanity of Reaction
7.10.07
The Price of a Friend 7.10.07
A New Literary Departure
7.10.07
Protected Hooliganism -A Parallel 8.10.07
Mr. Keir Hardie and India
8.10.07
The Shadow of the Ordinance in Calcutta 11.10.07
The Nagpur Affair and True Unity
23.10.07
The Nagpur Imbroglio 29.10.07
English Democracy Shown Up
31.10.07
Difficulties at Nagpur 4.11.07
Mr. Tilak and the Presidentship
5.11.07
Nagpur and Loyalist Methods 16.11.07
The Life of Nationalism
16.11.07
By the Way. In Praise of Honest John 18.11.07
Bureaucratic Policy
19.11.07
About Unity 2.12.07
Personality or Principle?
3.12.07
More about Unity 4.12.07
By the Way
5.12.07
Caste and Representation 6.12.07
About Unmistakable Terms
12.12.07
The Surat Congress 13.12.07
Misrepresentations about Midnapore
13.12.07
Reasons of Secession 14.12.07
The Awakening of
Gujarat
17.12.07
"Capturing the
Congress" 18.12.07
Lala Lajpat Rai's
Refusal 18.12.07
The Delegates' Fund
18.12.07
Part Five
Speeches 22 December 1907 1 February 1908
Speeches 13-1-08
Speeches 15-1-08
Speeches 19-1-08
Speeches 24-1-08
Speeches 26-1-08
Speeches 29-1-08
Speeches 30-1-08
Speeches 31-1-08
Speeches 1-2-08
Part Six
Bande Mataram
under the
Editorship of Sri Aurobindo with
Speeches Delivered during the Same Period 6
February 3 May 1908
Revolutions and Leadership
6.2.08
Speeches 12-13-2-08
waraj 18.2.08
The Future of the
Movement 19.2.08
Work and Ideal
20.2.08
By the Way 20.2.08
The Latest Sedition
Trial 21.2.08
Boycott and British
Capital 21.2.08
Unofficial
Commissions 21.2.08
The Soul and
India's Mission 21.2.08
The Glory of God in
Man 22.2.08
A National
University 24.2.08
Mustafa Kamal Pasha
3.3.08
A Great Opportunity
4.3.08
Swaraj and the
Coming Anarchy 5.3.08
The Village and the
Nation 7.3.08
Welcome to the
Prophet of Nationalism 10.3.08
The Voice of the
Martyrs 11.3.08
Constitution-making
11.3.08
What Committee?
11.3.08
An Opportunity Lost
11.3.08
A Victim of
Bureaucracy 11.3.08
A Great Message
12.3.08
The Tuticorin
Victory 13.3.08
Perpetuate the
Split! 14.3.08
Loyalty to Order
14.3.08
Asiatic Democracy
16.3.08
Charter or No
Charter 16.3.08
The Warning from
Madras 17.3.08
The Need of the
Moment 19.3.08
Unity by
Co-operation 20.3.08
The Early Indian
Polity 20.3.08
The Fund for Sj.
Pal 21.3.08
The Weapon of
Secession 23.3.08
Sleeping Sirkar and
Waking People 23.3.08
Anti-Swadeshi in
Madras 23.3.08
Exclusion or Unity?
24.3.08
How the Riot Was
Made 24.3.08
Oligarchy or
Democracy? 25.3.08
Freedom of Speech
26.3.08
Tomorrow's Meeting
27.3.08
Well Done,
Chidambaram! 27.3.08
The Anti-Swadeshi
Campaign 27.3.08
Spirituality and
Nationalism 28.3.08
The Struggle in
Madras 30.3.08
A Misunderstanding
30.3.08
The Next Step
31.3.08
India and the
Mongolian 1.4.08
Religion and the
Bureaucracy 1.4.08
The Milk of Putana
1.4.08
Swadeshi Cases and
Counsel 2.4.08
The Question of the
President 3.4.08
The Utility of
Ideals 3.4.08
Speech at Panti's
Math 3.4.08
Convention and
Conference 4.4.08
By the Way 4.4.08
The Constitution of
the Subjects Committee 6.4.08
The New Ideal
7.4.08
The Asiatic Role
9.4.08
Love Me or Die
9.4.08
The Work Before Us
10.4.08
Campbell-Bannerman
Retires 10.4.08
Speech 10-4-08
The Demand of the
Mother 11.4.08
Speech 12-4-08
Peace and Exclusion
13.4.08
Indian Resurgence
and Europe 14.4.08
Om Shantih 14.4.08
Conventionalist and
Nationalist 18.4.08
Speech 20-4-08
The Future and the
Nationalists 22.4.08
The Wheat and the
Chaff 23.4.08
Party and the
Country 24.4.08
The Bengalee Facing
Both Ways 24.4.08
The One Thing
Needful 25.4.08
New Conditions
29.4.08
Whom to Believe?
29.4.08
By the Way. The
Parable of Sati 29.4.08
Leaders and a
Conscience 30.4.08
An Ostrich in
Colootola 30.4.08
By the Way 30.4.08
Nationalist
Differences 2.5.08
Ideals Face to Face
2.5.08
Part Seven
Writings from Manuscripts
1907 1908
Appendixes
Incomplete Drafts of Three
Articles
Draft of the Conclusion of
"Nagpur and Loyalist Methods"
Draft of the Opening of "In
Praise of Honest John"
Incomplete Draft of an
Unpublished Article
Writings and
Jottings Connected with the Bande Mataram 1906 1908
"Bande Mataram"
Printers & Publishers, Limited.
Draft of a
Prospectus of 1907
Notes and Memos
Nationalist Party
Documents
Bande Mataram { CALCUTTA, June 29th, 1907 }
The Secret of the Swaraj Movement
The paragraphist of Capital in the course of a denunciation full of venom and adorned with one or two choice bits of Billingsgate, describes Swaraj as a far-off divine event to be made possible by our being gradually educated to it under the guidance of the beneficent aliens. We need not trouble about the choleric effusions with a daily output of which Anglo-Indian writers nowadays provide their readers. But apart from the natural unhinging of the reason for which the prospect of loss of power and prestige or of trade is responsible, there is a plentiful lack of appreciation of the nature of the movement, its causes and probable effects not only on the part of the ruling class but of the majority of our educated people. We can understand the ruling class doing their very best to crush the movement out of self-interest. But it is none the less our duty to return good for evil and try our best to enlighten their intellectual haziness. It is from the want of a true perception of the nature of the movement that much of the misunderstanding and irritation has proceeded. And in trying to present it in its true bearing we have not been guided by any individual notions of our own but the decisions and findings of master-minds on the success of all spiritual movements. Why do men at all turn their backs on old ideas and betake themselves to revolutionary ones? How come these ideas to rise up and fill the whole air? Why do they command acceptance notwithstanding much that seems unseemly, alarming and often even preposterous about them? The answer is that in spite of any defects there may be, even if they are marred by self-contradiction, shallowness or elements of real danger, such
Page – 557 ideas fit the crisis. They are seized on by virtue of an instinct of national self-preservation. The evil elements in them, if any, work themselves out in infinite mischief. The true elements in them save a country by firing men with social hope and patriotic faith, and the good done is well worth having even at the price of much harm and ruin. M. Taine gives the same explanation of the success of Rousseau and Voltaire in influencing the minds of the French people, though there were Montesquieu with a sort of historic method, Turgot and the school of the economists and, what is more, seventy thousand of the secular clergy and sixty thousand of the regular clergy, ever proclaiming by life or exhortation ideas of peace, submission and a kingdom not of this world. At certain critical moments in history men come out from the narrow and confined track of their daily life and comprehend in one wide vision the whole situation; the august face of their destiny is suddenly unveiled to their eyes: in the sublimity of their emotion they seem to have a foretaste of their future and at least discern some of its features. Naturally these features are precisely those which their age and their race happen to be in a condition to understand. The point of view put forward is the only one under which the multitude can place themselves. There is pronounced the unique word, heroic or tender, enthusiastic or tranquillising: the only word that the heart and the intelligence of the time would consent to hearken to; the only one adapted to the deep-growing wants, the long-gathered aspirations, the hereditary faculties. It might seem strange if it were not so consonant with past examples, that a man like Mr. Morley who has so heartily admired the discernment of Taine about the secret of the great movements of human history and explained and elaborated it as clearly as possible, should look upon the present happenings in India as mere effervescence due to accidental causes that will instantaneously subside at the mere frown of a mortal man however powerful. We have explained how this has happened in the particular case of Mr. Morley. A mind clouded by national self-interest and perverted by European prejudices and contempt for
Page – 558 Asiatics forbids him to use his reasoning powers on India as he would have used them in the case of an European country similarly circumstanced. Otherwise he would have perhaps understood that the same laws govern and explain all human movements whether among Europeans or Asiatics. The working of the human mind, the correlation of causes and effects, the ups and downs in the life of a nation are never isolated phenomena defying the scientist's attempt to systematise, co-ordinate and generalise. The movement in India, like all other movements in history, has life and vitality in it and its root deep in the very nature of things and events. It is not artificially got up, no movement of the kind can be; it has not been engineered by a Lajpat Rai or an Ajit Singh: it does not proceed from mere discontent or "disloyalty": it is no aberration or monstrosity. It has the uniformity, the identity of manifestations in widely-separated regions, the similarity of thought, motive and expression which belong to great, sudden, spontaneous movements, to divine events. India was a centre of human prosperity and a fountain of light when there was still darkness and savagery on the face of the major portion of the earth and she has not gone into an eternal eclipse. The over-shadowing influence cannot last for ever, it is a temporary obscuration from which the sun of her destiny is soon to emerge. This is the law of Nature and divine dispensation, and, amidst the noise and dust and smoke of that confused struggle of myriad opinions and misunderstandings which mark a revolution, the one thing essential which should never be forgotten by those who have once had the strength and clarity of vision to perceive through the clamour and confusion this guiding star of hope and truth. __________
Passive Resistance in France
The curious struggle in the South of France which is being waged between the vine-growing population of the South and the Government in Paris, has not yet come to a conclusion. The leaders have surrendered, but their following seems to be still defiant.
Page – 559 The cause of the pother seems to be hardly proportionate to the results. The wine-trade in the south of France is on the decline because the French people are taking to other and cheaper beverages, and the vine-growers demand State protection and encouragement for their industry, which the French Government has not denied but has been somewhat dilatory in arranging. The population of southern France are hot, excitable, unstable and, being all more or less affected— for the vine is the chief produce there— have been exasperated by the neglect into something like rebellion. This is all that from this distance one can understand. The interest of the outbreak for us lies in the fact that it began with a huge passive resistance movement very much on the lines we have advocated in India, the object being to paralyze the Government and the chief weapon the voluntary resignation of the Municipalities which are indispensable instruments of administration in France. Unfortunately a fair chance was not given to the experiment which should have been one of the most interesting in human history. With the arrival of the Military the movement passed into a queer amalgam of passive resistance, military mutiny and popular revolt; the leaders took fright, surrendered or bolted to Paris, wept at the feet of ministers and returned to advise their followers to weep and surrender along with them. The whole business is somewhat farcical and extremely French. At any rate the hot French nature, impatient and incapable of endurance, found it impossible to continue the experiment. Perhaps passive resistance is in itself too much not only for French nature but for human nature generally; perhaps it is always bound to pass into active resistance. But this cannot be decided until it is given a fair trial by a more politic, patient and enduring race than the Frenchmen of the south. Meanwhile we note that the French Government has hastily passed the more urgent clauses of the Bill for assisting the wine industry. So the demonstrators have got the immediate thing that they wanted— just as the Punjabi agriculturists did. __________
Page – 560 By the Way
The Newmaniac is abroad again. He has been to Chandpur, in the flesh or in spirit, and the result is a fresh attack of delirium newmans. He has discovered a Babu Kingdom in Barisal and a phantom army of secret National Volunteers. To the unsophisticated unaided eye there are no National Volunteers; the red shirt, the dreadful yellow turban, the awe-inspiring anti-regulation lathi all have disappeared, but the detective ability of the Newmaniac is not to be baffled or bamboozled. He can still discover the National Volunteer by the one thing left to him— the now world-renowned or at least Times-renowned "insolent stare". Wherever there is a National Volunteer there is an insolent stare, and wherever there is an insolent stare there is a National Volunteer. The Newmaniac is down on that stare like a flash of lightning; he has come out with a new description of it and its accompaniments, very picturesque and painful. "The man stands with his legs apart and his hands behind his back, and looks at you unblinking, the very picture of insolent defiance. Gradually the eyes become bloodshot, and the face puffs out a little, then the lips twitch and the teeth are bared, and as you pass, the man either spits on the ground, or laughs a kind of snarling laugh, a mixture of contempt and triumph." Isn't that a wonderful bit of delirium newmans, gorgeously and grotesquely horrible? We sympathise with the Newmaniac in his lament that he is gripped by the law he himself has made and held back from going for this apoplectic nightmare. We are glad to learn that the authorities are going to take an immediate action on the Newmaniac's complaint. We learn by telegram from Simla that the Legal Member has drawn up for the Viceroy's approval the following notes for a Draft Bill to amend the Indian Penal Code. Note for additional sections (draft) to the Indian Penal Code.
1. Whoever, being a native-born subject of His Majesty the King-Emperor, shall be observed to separate or suspected of
Page – 561 separating his nether limbs when he is in the presence or within the vision actual or potential of an European, shall be guilty of a seditious offence henceforth to be known as breach of the legs, and may be bound over in personal securities of not less than Rs. 10,000 to keep his legs together for six months or a year according to the discretion of the trying Magistrate. EXPLANATIONS a. The expression "in the presence or within the vision" shall be held to apply to any distance of not more than four hundred yards to the right, to the left, before or behind the accused. b. The word "European" in this and the following sections shall be understood as including Australians and Americans as well as natives of India of a white complexion and European descent and Imperial Anglo-Indians, but it shall not be held to cover the Nawab of Dacca. Provided that nothing in this section shall debar the Governor-General in Council from extending the section to the Nawab of Dacca by a special ordinance for a given period in case of emergency. c. It shall not be incumbent on the prosecution in cases under this or the following sections to prove that any European was actually on the scene of the separation; it will be enough to prove that an European might have been there or that the accused had reason to believe that an European was or might, could, should or would be within 400 yards of him. d. It shall be a sufficient defence to prove that the legs in question were already separated, with or without any necessity, before it was possible for the accused to know or believe that an European was, might, could, should or would be within the legal distance, and that the error was rectified within three seconds of his becoming aware of the presence. e. If it be proved that the crural separation was directed against or in view of the presence of the European, no motive or necessity or plea of urgency shall be admitted in justification or mitigation of the offence. 2. Whoever, being a native-born subject etc., puts his hands behind his back, or joins them over his stomach, or pats his stomach, or twirls his moustache, or touches his nose, or twiddles
Page – 562 his thumbs, or uses any other gesture which is or may or can be or might, could, should or would be considered offensive, seditious, libellous, mutinous or rebellious, in the presence etc. of an European, shall be guilty of a seditious publication and liable to prosecution and punishment under section 124a. 3. Whoever, being a native-born etc., is observed to look or suspected of looking with unblinking eyes at an European shall be guilty of breach of the peace and liable to rigorous imprisonment for six months, with or without fine. EXPLANATIONS a. It shall not be an offence under this section to look with unblinking eyes at the back of an European or at his legs or at his stomach or at any other portion of his anatomy except his face. b. It shall not be a sufficient defence under this section to prove that the accused blinked once, twice or thrice during the commission of the offence. The blinking must be continuous, as when one is looking at the sun. 4. Whoever, being a native-born etc., is observed to suffer or suspected of suffering from epilepsy or apoplexy at the sight of an European, shall be guilty of seditious apoplexy and liable to seven years' rigorous imprisonment which shall include two years' solitary confinement. EXPLANATIONS a. The following symptoms shall be held when found together, to constitute the offence of seditious apoplexy, viz. eyes bloodshot, face puffed out, lips twitching and teeth bared. b. It shall be a sufficient defence under this section to show that the accused was suffering from eye-disease or a cold in the head, or that his teeth naturally and unavoidably project, or that he suffers from a nervous labial disorder, or that he was frightened out of his wits, or that he mistook the European for a lunatic or a special correspondent of the Englishman. 5. Whoever, being a native-born etc., by accident or intention forgets to retain his saliva in the presence etc. of an European, shall be guilty of seditious spitting and liable to two years' rigorous imprisonment or in the alternative, to transportation for life.
Page – 563 6. Whoever, being a native-born etc., is observed to laugh or is suspected of laughing a kind of snarling laugh or snarling a kind of laughing snarl in the presence etc. of an European shall be guilty of seditious cachinnation and liable to be bound over to keep the peace (which shall include abstention from inaudible as well as audible laughing or snarling) for six months or a year according to the discretion of the trying Magistrate. EXPLANATIONS a. An ordinary or average or pure, simple, uncomplicated domestic laugh shall not count as an offence under this section. b. A pure, peaceable or innocent snarl directed at the weather or any other inanimate and non-European object and guiltless of either contempt or triumph except for or over the said inanimate object, shall not be an offence under this section. c. As it is impossible for the offence to be precisely defined, the complainant shall be asked to reproduce in the witness-box the said snarl or laugh as he saw or imagined it and the nearest available canine being shall be held up by his side and induced to snarl and if there is any resemblance between the two performances, the offence shall be considered proved. N.B. With this exception no corroborative evidence will be required in cases under these sections; the unsupported testimony of the complainant or the belief of the trying Magistrate shall be considered sufficient.
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