there was an element of choice for the Indian immigrants; a hard choice certainly, but not left India hoping to make a better life for themselves and their families.
Enslaved Africans were victims of the largest forced labor migration in human history. Condition on the voyage from Africa to the Caribbean were far worse, far more deadly, than the indentured Indians on their admittedly difficult crossing of the kala pani (black water).
Once African enslaved persons arrived, it was for life. Only very small numbers were freed or bought their freedom or succeeded in escaping. Children were born enslaved, even if their father was a free man, (slave status depended on the mothers). There was virtually no returning to Africa, unlike the Indians which had a choice to return to India after their 5 contracted years of labor were finished.
Thousands of immigrants did, in fact, go to jail for these kinds of offences, which is why Eric Williams called indenture “slavery with the jail substituted for the whip”. This was indeed harsh and oppressive. But it had an end: the ex-indentured Indian was not subject to the penal sanctions. Until the last ten years of slavery, there were virtually no restraints on how an owner or overseer could punish his enslaved workers, including women and children. Physical punishment was routine, often administered in brutal and sadistic ways. By contrast, this kind of punishment was forbidden for the indentured Indians. Certainly some were kicked, beaten, slapped or even worse; but this was never allowed by the law, and laws and regulations attempted to shield them from abusive or neglectful employers. They