Evaluation of the Moderate Phase and Protection of Civil Rights in Colonial India

The struggle for the protection of civil rights in India during British rule was an integral aspect of the broader nationalist movement. While the fight for political freedom is often at the forefront, the campaign for civil liberties represented a fundamental challenge to the oppressive policies and practices of the colonial regime. The protection of civil rights under colonial rule was a significant struggle that went hand in hand with the fight for political freedom. Early nationalist leaders, through their advocacy for civil liberties, laid the groundwork for the principles that would ultimately shape independent India’s democratic and secular fabric.

Contextualizing Civil Rights in Colonial India

Backdrop: Under British rule, Indians faced significant violations of civil rights, including racial discrimination, censorship of press and expression, unjust legal procedures, and suppression of personal freedoms.

• Moderates and Civil Rights: Initially, the early nationalists (or moderates) within the Indian National Congress aimed at achieving a greater degree of civil rights within the framework of British law. 
  • They believed that they could demonstrate the incompatibility of British rule with the principles of liberty and justice, thus appealing to the British sense of fairness and justice.

Key Areas of Focus in the Protection of Civil Rights

Freedom of Press and Expression: The Vernacular Press Act (1878) and subsequent regulations stifled Indian-language publications, which were critical of colonial policies. 

• Leaders like Bal Gangadhar Tilak, who faced multiple incarcerations due to his journalistic works, vehemently opposed these measures. 
• The moderates demanded the repeal of oppressive laws and sought to protect the freedom of expression.
• Personal Liberties: Cases like the ill-treatment of Indian passengers in European shipping (known through incidents like the Komagata Maru), racial bars in hotels, and clubs, and segregation in general public amenities highlighted racial discrimination. 
• • Early nationalists strived for equality in the eyes of the law and non-discrimination in public spaces.
• Rights of Workers: Early concerns over the exploitation of workers and infringement of their rights were raised, particularly relating to plantation workers and labour in British-run enterprises. 
  • Nationalists called for improved working conditions, fair wages, and the humane treatment of Indian labour.

Notable Instances and Reactions

• Sedition Laws and the Response: The use of sedition laws to suppress political dissent led to high-profile trials, such as those of Tilak. These instances were used to highlight the British government’s double standards on freedom of speech.
• Civil Liberties during the Plague and Famine: The government’s draconian measures during times of plague and famine, including forced confinement, home searches, and destruction of property, were strongly contested.
• Racial Discrimination: The treatment meted out to Indians abroad, as evidenced by the incidents in South Africa involving Mahatma Gandhi, was used to show the racial underpinnings of the Empire.

Impact and Evaluation

• Creating a Foundation: Though the moderates had limited success in terms of concrete achievements, their consistent campaign laid the foundation for future, more aggressive challenges to the British authority by the Gandhian movements.
• Consciousness and Mobilization: They were crucial in creating political consciousness about civil rights among the masses. The idea that Indians deserved equal treatment as any British citizen became a unifying factor in the later stages of the freedom struggle.
• Shaping Future Movements: The civil liberties movement in the moderate phase had a lasting legacy, influencing leaders like Mahatma Gandhi and others in the radical phase, who adopted and expanded these issues in their mass movements.

Evaluation of the Moderate Phase

This phase, marked by moderate leadership in the Indian National Congress, was crucial in laying the groundwork for systematic reforms in the colonial administration.

Achievements:

• Appointment of Public Service Commission (1886): The moderates’ efforts were instrumental in the appointment of the Public Service Commission. They believed in the policy of petitions and constitutional agitation, and their consistent advocacy for Indian involvement in public services led to this development. 
  • It was a significant step as it allowed for the examination and enrollment of Indians in the civil services, previously dominated by the British, thereby addressing the demand for Indianization of the services.
• Enactment of Indian Councils Act (1892) or Lord Cross’s Act: The moderates succeeded in pushing for the Indian Councils Act of 1892, which was a modest step towards bringing representative forms of governance to India. 
  • The Act enlarged the councils and introduced the principle of indirect election, giving Indians a slight role in their governance. 
  • While limited in scope, it was a foundational move for future governance reforms and was a result of the continuous demand by moderates to expand the legislative councils.
• Resolution of the House of Commons (1893): The resolution by the British House of Commons, acknowledging the need for the association of Indians in administrative capacities, was another diplomatic victory for the moderates. 
  • Their relentless petitions, appeals, and debates in public forums had succeeded in creating an atmosphere of opinion in Britain, which could not be wholly ignored.
• Appointment of Welby Commission on Indian Expenditure (1895): The appointment of this commission was a response to the moderates’ concerns about the economic policies of the British Raj. 
  • Their consistent criticism concerning high military expenditure and the economic drain from India led to this inquiry. 
  • The Commission, by evaluating fiscal matters, indirectly acknowledged the moderates’ argument about the economic burden of British policies on India.

Limitations:

Despite these achievements, the moderate phase had its limitations:

• Limited Mass Involvement: The moderates’ methods were elitist, revolving around petitions and prayers to the British authorities. 
  • Their constitutional methods didn’t resonate with the masses, who were largely unaffected by or unaware of their ideological battles, thereby limiting the scope of the movement.
• Conservative Reforms: Many criticize the reforms of this period as being too conservative. For instance, the Indian Councils Act of 1892 did not significantly alter the administrative setup and offered very little real power to the Indians. 
  • The actual legislative power still resided with the British. These councils were actually to be constituted through selection rather than an election: the local bodies would send their nominees from among whom the viceroy at the center and the governors at the provinces would select the members of the legislative councils. 
  • The budget was to be discussed in the legislatures, but not to be voted on. 
  • The opposition could not bring in any resolution, nor demand a vote on any resolution proposed by the government.
• Ignoring Broader Social Issues: The moderates are often seen as focusing too narrowly on political reforms, ignoring the wider social, economic, and cultural issues that affect the majority of the Indian populace. 
  • Their reluctance to address problems like poverty, illiteracy, and social injustice drew criticism.
• Rise of Extremism: The slow pace of change and the apparent ineffectiveness of the moderate approach led to the rise of extremist voices within the Indian National Congress. 
  • The younger generation was not satisfied with the modest gains and started advocating for more radical measures, leading to a split within the organization.
• Representation of the commercial classes among early members of Congress also prevented Congress from taking a pro-working class position. They were opposed to factory reforms like the Mining Bill, which proposed to improve the living conditions of women and children and restrict their employment under a certain age. 
  • They also opposed similar labour reforms in Bombay on the plea that they were prompted by Lancashire interests.
• Social Orthodoxy: These early moderate politicians were also mainly Hindus, barring the notable exception of the Bombay politician, Badruddin Tyabji. Between 1892 and 1909, nearly 90% of the delegates who attended the Congress sessions were Hindus and only 6.5% were Muslims, and among the Hindus again nearly 40% were Brahmans and the rest were upper-caste Hindus. 

Role of Masses and Attitude of the Government

The period marking the rise of the Indian National Congress (INC) and the moderate nationalists saw a distinct approach toward involving the masses and confronting the British government’s stance. It was a time characterized by faith in constitutionalism and gradualism, significantly affecting how the masses were involved and how the government responded.

Role of Masses:

• Limited Engagement: During the moderate phase, political activism was primarily confined to the educated elite. The masses, particularly the peasantry and the working class, were on the periphery of the INC’s political strategies.
• The Communication Gap: There was a significant disconnect between the intellectual discourse of the early nationalists and the day-to-day issues facing the common people. 
  • The language, mode of communication, and the very concerns of the moderates were often alien to the larger population.
• Socio-Religious Movements: However, the masses were not entirely inactive. They were involved in various socio-religious reform movements, and there were sporadic, localized rebellions against specific forms of oppression. 
  • These movements were, however, not always directly linked to the INC’s nationalist agenda.

Attitude of the Government

• Dismissive Stance: The British government didn’t take the early nationalists seriously. The demands made by the moderates were met with disdain, as the colonial government did not consider the INC as a representative of the Indian masses.
• Selective Concessions: Occasionally, the British authorities made minor concessions, more out of the intention to placate rising discontent than a genuine acknowledgment of the nationalists’ demands. 
  • These concessions were also a tactic to create divisions and co-opt the emerging middle class.
• Suppressive Actions: Despite the moderate methods of the early nationalists, the government responded with repressive measures when faced with any threat to its authority. 
  • The Vernacular Press Act and the sedition charges against certain nationalist leaders are examples of the colonial government’s intolerance towards dissent.

Transition and Evolution

Shift in Mass Perception: The initial aloofness of the masses started to change as the nationalists’ economic critique of colonialism began resonating with the impacts felt by the common people. 

• The late 19th century and early 20th century saw famines and economic hardships, which made the economic arguments of the nationalists more relatable.
• Change in Leadership and Methodology: The failure of the moderates to achieve substantial gains from the British and to mobilize the masses led to introspection and shifts within the INC. 
• • Leaders like Bal Gangadhar Tilak advocated for mass mobilization and more assertive forms of agitation, which began to bridge the gap between the elite and the masses. 
  • It was because of the failures of moderate politics that an extremist reaction was soon to develop in Congress politics to lead to what is often referred to as the notorious Surat Split of 1907. 
  • The reunification of the Congress and the expansion of the political nation had to wait for the arrival of Gandhi and World War One.
• Government’s Hardening Stance: The end of the 19th century saw the British government’s attitude hardening, with Lord Curzon’s policies and partition of Bengal marking a clear shift from indifference and occasional concessions to outright authoritarianism.

Conclusion

The moderate Phase of India’s struggle for civil rights under British rule laid crucial groundwork for future nationalist efforts. While their focus on constitutional reform achieved limited concrete results, moderates like Tilak and their campaigns against oppressive laws and racial discrimination fostered a foundation for democratic principles. Their efforts, despite their limitations, ignited broader political consciousness and paved the way for more radical movements that would ultimately lead to India’s independence.

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