DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.68024#0337
329
9. The allegation made in paragraph 21 of the memorial, that when there are two can-
didates for a post, a Hindu and a Muhammadan, preference is given to the Hindu candidate
solely on the ground that he possesses a University certificate, although the Muhammadan
may have superior qualifications, seems to me absurd. 1 have no doubt whatever that prefer-
ence is in all cases given to the candidate of superior qualifications; whether he has taken a
University degree or not. No doubt a University certificate goes a long way in favour of a
candidate for employment in this country, as it would do in every country in the world, because
it indicates a certain standard of education, and enables one to judge to a certain extent the
candidate’s qualifications; whereas a candidate who has no certificate of having passed any
examination whatever labours under this disadvantage, that he has no primd facie evidence to
offer in support of his assertion that his qualifications are superior to those of his Hindu rival.
But I do not think that the memorialists have any reason to complain of this inability on the
part of Muhammadan candidates to adduce any evidence of their superior qualifications.
10 On the whole, I see no reason, so far as this division is concerned, for recommending
the appointment of a special Commission for the purpose of devising a scheme for the promo-
tion of education among Muhammadans. The Muhammadans of these districts have already
ample opportunities given them of educating their children for Government employment, and
it rests entirely with them to remove these evils of which the National Muhammadan Asso-
ciation now complain.
11. I think that the rule requiring that a candidate for a munsifship should have obtained
a B. L. degree of the Calcutta University is a good one. At the same time. I have no parti-
cular objection to urge against the proposal of the memorialists (paragraph 22 of the memorial) that
special examinations of candidates be held for appointments to the subordinate judicial service.
12. Upon the suggestion of the memorialists that Muhammadan assessors be appointed in
Muhammadan cases in the mufassal to expound the Muhammadan law to English Judges, I
feel scarcely competent to express an opinion, as in the districts in which I have served for the
greater portion of my judicial service as Judge 1 have had very little to do with “ Muhammadan
cases.” I may notice, however, that if the memorialists are correct in saying that Muhammadan
law is badly administered by English and Hindu Judges, this state of things is perhaps due, in
a great measure, to the want of properly-qualified Muhammadan pleaders to put the cases as
they should be put before the Court. Muhammadan pleaders in Bengal (speaking of them as a
whole) are notoriously inefficient, and ignorant of law, whether that law be English, Hindu, or
Muhammadan. I may further add that I am not aware that the difficulties connected with
the administration of the Muhammadan law are so great as to require the special aid which the
memorialists advocate should be given to our mufassal courts; and there seems to me to be no
better ground for giving such assistance in Muhammadan cases than exists for giving it in
Hindu cases.
From A. C. Campbell, Esq., Deputy Commissioner of Goalpara, to the Secretary to the Chief Commissioner of
Assam,—No. 513, dated Dhubri, the 26th May 1882.
I have the honour to acknowledge the receipt of your Circular No. 11, of the 1st April,
which reached me on the 6th instant with Commissioner’s endorsement of the 29th ultimo.
2. With reference to paragraph 4, 1 beg to submit statements showing the exact proportion
of Muhammadan and Hindu employes respectively in each public office in this district in the
manner in which the details are given in paragraph 13 of the memorial of the National Mu-
hammadan Association to the Government of India.
3. It will be observed that the proportion is considerably in favour of the Hindus the
reason being that there are more educated Hindus available than there are Muhammadans.
4. The reasons why there are fewer educated Muhammadans than there are Hindus are,
the Hindus are a far wealthier class in this district than the Muhammadans. Not only is
there not a single Muhammadan zemindar in the district, but there are very few jotdars or
under-tenants of any importance who are Muhammadans. The fact is, the Muhammadan reli-
gion is quite as alien to the country as Christianity. I have no records to refer to as to how
Islamism came to be propagated in this district and in Eastern Bengal. Force may have been
employed in some cases, and the painful and distinctive rite of initiation once performed was
incapable of obliteration : cow’s flesh also being partaken of voluntarily or compulsorily, it was
impossible for converts to revert to Hinduism, and in the course of a few generations their
descendants became orthodox Muhammadans. There was also apparently a good deal of volunt
tary conversion, and the Muhammadan missionaries, like their Christian brethren of the presen-
day, appear to have succeeded best w’ith the aboriginal races, which in those days were repre-
sented in this district by the Rajbangshis. There is positively not the least difference in physi-
cal appearance and physiognomy between the Muhammadan villagers in this district and th**
Hindu Rajbangshis who still retain Hinduism, and in some of the remoter Muhammadan villao-es
the inhabitants still practise in secret rites which may be traced to their remote Hindu origin
42
9. The allegation made in paragraph 21 of the memorial, that when there are two can-
didates for a post, a Hindu and a Muhammadan, preference is given to the Hindu candidate
solely on the ground that he possesses a University certificate, although the Muhammadan
may have superior qualifications, seems to me absurd. 1 have no doubt whatever that prefer-
ence is in all cases given to the candidate of superior qualifications; whether he has taken a
University degree or not. No doubt a University certificate goes a long way in favour of a
candidate for employment in this country, as it would do in every country in the world, because
it indicates a certain standard of education, and enables one to judge to a certain extent the
candidate’s qualifications; whereas a candidate who has no certificate of having passed any
examination whatever labours under this disadvantage, that he has no primd facie evidence to
offer in support of his assertion that his qualifications are superior to those of his Hindu rival.
But I do not think that the memorialists have any reason to complain of this inability on the
part of Muhammadan candidates to adduce any evidence of their superior qualifications.
10 On the whole, I see no reason, so far as this division is concerned, for recommending
the appointment of a special Commission for the purpose of devising a scheme for the promo-
tion of education among Muhammadans. The Muhammadans of these districts have already
ample opportunities given them of educating their children for Government employment, and
it rests entirely with them to remove these evils of which the National Muhammadan Asso-
ciation now complain.
11. I think that the rule requiring that a candidate for a munsifship should have obtained
a B. L. degree of the Calcutta University is a good one. At the same time. I have no parti-
cular objection to urge against the proposal of the memorialists (paragraph 22 of the memorial) that
special examinations of candidates be held for appointments to the subordinate judicial service.
12. Upon the suggestion of the memorialists that Muhammadan assessors be appointed in
Muhammadan cases in the mufassal to expound the Muhammadan law to English Judges, I
feel scarcely competent to express an opinion, as in the districts in which I have served for the
greater portion of my judicial service as Judge 1 have had very little to do with “ Muhammadan
cases.” I may notice, however, that if the memorialists are correct in saying that Muhammadan
law is badly administered by English and Hindu Judges, this state of things is perhaps due, in
a great measure, to the want of properly-qualified Muhammadan pleaders to put the cases as
they should be put before the Court. Muhammadan pleaders in Bengal (speaking of them as a
whole) are notoriously inefficient, and ignorant of law, whether that law be English, Hindu, or
Muhammadan. I may further add that I am not aware that the difficulties connected with
the administration of the Muhammadan law are so great as to require the special aid which the
memorialists advocate should be given to our mufassal courts; and there seems to me to be no
better ground for giving such assistance in Muhammadan cases than exists for giving it in
Hindu cases.
From A. C. Campbell, Esq., Deputy Commissioner of Goalpara, to the Secretary to the Chief Commissioner of
Assam,—No. 513, dated Dhubri, the 26th May 1882.
I have the honour to acknowledge the receipt of your Circular No. 11, of the 1st April,
which reached me on the 6th instant with Commissioner’s endorsement of the 29th ultimo.
2. With reference to paragraph 4, 1 beg to submit statements showing the exact proportion
of Muhammadan and Hindu employes respectively in each public office in this district in the
manner in which the details are given in paragraph 13 of the memorial of the National Mu-
hammadan Association to the Government of India.
3. It will be observed that the proportion is considerably in favour of the Hindus the
reason being that there are more educated Hindus available than there are Muhammadans.
4. The reasons why there are fewer educated Muhammadans than there are Hindus are,
the Hindus are a far wealthier class in this district than the Muhammadans. Not only is
there not a single Muhammadan zemindar in the district, but there are very few jotdars or
under-tenants of any importance who are Muhammadans. The fact is, the Muhammadan reli-
gion is quite as alien to the country as Christianity. I have no records to refer to as to how
Islamism came to be propagated in this district and in Eastern Bengal. Force may have been
employed in some cases, and the painful and distinctive rite of initiation once performed was
incapable of obliteration : cow’s flesh also being partaken of voluntarily or compulsorily, it was
impossible for converts to revert to Hinduism, and in the course of a few generations their
descendants became orthodox Muhammadans. There was also apparently a good deal of volunt
tary conversion, and the Muhammadan missionaries, like their Christian brethren of the presen-
day, appear to have succeeded best w’ith the aboriginal races, which in those days were repre-
sented in this district by the Rajbangshis. There is positively not the least difference in physi-
cal appearance and physiognomy between the Muhammadan villagers in this district and th**
Hindu Rajbangshis who still retain Hinduism, and in some of the remoter Muhammadan villao-es
the inhabitants still practise in secret rites which may be traced to their remote Hindu origin
42