Royal Commission on Labour in India: Report(1929)||
The procedure suggested bears some resemblance to proceedings in insolvency courts, but we are anxious that, if a law is passed, it should be a new Act with a new procedure and as far as possible unrelated to insolvency Acts. Insolvency has somewhat unfortunate associations, and it is necessary to seek an entirely new avenue of approach. In insolvency proceedings there is an inevitable tendency on the part of the court to regard itself as charged primarily with the duty of assisting the creditors and of checking fraud on the part of petitioners. In the case of loans which are obviously beyond the capacity of the labourer to repay it is not unfair to regard the creditor as the person ordinarily to blame. While therefore the court will be in a position to assist in the recovery of fair loans, it should regard itself as the protector of the poor against extortion and their own foolishness. For this reason, we suggest that the possibility of appointing special courts, as is done in the case of the Workmen's Compensation Act, should be considered. As under that Act, it should be possible for a party to make an appearance by a legal practitioner or any other person authorised in writing.