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Authors: M. K. Gandhi

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Sheth Abdulla's affidavit was prepared and duly submitted to the counsel for the Law Society. He said he was satisfied. But not so the Law Society, it opposed my application before the Supreme Court, which ruled out the opposition without even calling upon Mr. Escombe to reply. The Chief justice said in effiect:

'The objection that the applicant has not attached the original certificate has no substance. If he has made a false affifavit, he can be prosecuted, and his name can then be struck off the roll, if he is proved guilty. The law makes no distinction between white and coloured people. The Court has therefore no authority to prevent Mr. Gandhi from being enrolled as an advocate. We admit his application. Mr. Gandhi, you can now take the oath.'

I stood up and took the oath before the Registar. As soon as I was sworn in, the Chief Justice, addressing me, said:

'You must now take off your turban, Mr. Gandhi, you must submit to the rules of the Court with regard to the dress to be worn by practising barristers.'

I saw my limitations. The turban that I had insisted on wearing in the District Magistrate's Court I took off in obedience to the order of the Supreme Court. Not that, if I had resisted the order, the resistance could not have been justified. But I wanted to reserve my strength for fighting bigger battles. I should not exhaust my skill as a fighter in insisting on retaining my turban. It was worthy of a better cause.

Sheth Abdulla and other friends did not like my submission (or was it weakness?). They felt that I should have stood by my right to wear the turban while practising in the Court. I tried to reason with them. I tried to press home to them the truth of the maxim, 'When at Rome do as the Romans do.' 'It would be right,' I said, 'to refuse to obey, if in India an English officer or judge ordered you to take off your turban; but as an officer of the Court, it would have ill become me to disregard a custom of the Court in the province of Natal.'

I pacified the friends somewhat with these and similar arguments, but I do not think I convinced them completely, in this instance, of the applicability of the principle of looking at a thing from a different standpoint in different circumstances. But all my life though, the very insistence on truth has taught me to appreciate the beauty of compromise. I saw in later life that this spirit was an essential part of Satyagraha. It has often meant endangering my life and incurring the displeasure of friends. But truth is hard as adamant and tender as a blossom.

The opposition of the Law Society gave me another advertisement in South Africa. Most of the newspapers condemned the opposition and accused the Law Society of jealousy. The advertisement, to some extent, simplified my work.

Chapter 45 BALASUNDARAM

1 he heart's earnest and pure desire is always fulfilled. In my own experience I have often seen

this rule verified. Service of the poor has been my heart's desire, and it has always thrown me amongst the poor and enabled me to identify myself with them.

Although the members of the Natal Indian Congress included the Colonial-born Indians and the Clerical class, the unskilled wage- earners, the indentured labourers were still outside its pale. The Congress was not yet theirs. They could not afford to belong to it by paying the subscription and becoming its members. The Congress could win their attachment only by serving them. An opportunity offered itself when neither the Congress nor I was really ready for it. I had put in scarcely three or four months' practice, and the Congress also was still in its infancy, when a Tamil man in tattered clothes, head-gear in hand, two front teeth broken and his mouth bleeding, stood before me trembling and weeping. He had been heavily belaboured by his master. I learnt all about him from my clerk, who was a Tamilian. Balasundaram - as that was the visitor's name -was serving his indenture under a well-known European resident of Durban. The master, getting angry with him, had lost self-control, and had beaten Balasundaram severely, breaking two of his teeth.

I sent him to a doctor. In those days only white doctors were available. I wanted a certificate from the doctor about the nature of the injury Balasundaram had sustained. I secured the certificate, and straightway took the injured man to the magistrate, to whom I submitted his affidavit. The magistrate was indignant when he read it, and issued a summons against the employer.

It was far from my desire to get the employer punished. I simply wanted Balasundaram to be released from him. I read the law about indentured labour. If an ordinary servant left service without giving notice, he was liable to be sued by his master in a civil court. With the indentured labourer the case was entirely different. He was liable, in similar circumstances, to be proceeded against in a criminal court and to be imprisoned on conviction. That is why Sir William Hunter

called the indenture system almost as bad as slavery. Like the slave the indentured labourer was the property of his master.

There were only two ways of releasing Balasundaram: either by getting the Protector of Indentured Labourers to cancel his indenture or transfer him to someone else, or by getting Balasundaram's employer to release him. I called on the latter and said to him: 'I do not want to proceed against you and get you punished. I think you realize that you have severely beaten the man. I shall be satisfied if you will transfer the indenture to someone else.' To this he readily agreed. I next saw the Protector. He also agreed, on condition that I found a new employer.

So I went off in search of an employer. He had to be a European, as no Indians could employ indentured labour. At that time I knew very few Europeans. I met one of them. He very kindly agreed to take on Balasundaram. I gratefully acknowledged his kindness. The magistrate convicted Balasundaram's employer, and recorded that he had undertaken to transfer the indenture to someone else.

Balasundaram's case reached the ears of every indentured labourer, and I came to be regarded as their friend. I hailed this connection with delight. A regular stream of indentured labourers began to pour into my office, and I got the best opportunity of learning their joys and sorrows.

The echoes of Balasundaram's case were heard in far off Madras. Labourers from different parts of the province, who went to Natal on indenture, came to know of this case through their indentured brethren.

There was nothing extraordinary in the case itself, but the fact that there was someone in Natal to espouse their cause and publicly work for them gave the indentured labourers a joyful surprise and inspired them with hope.

I have said that Balasundaram entered my office, head-gear in hand. There was a peculiar pathos about the circumstance which also showed our humiliation. I have already narrated the incident when I was asked to take off my turban. A practice had been forced upon every indentured labourer and every Indian stranger to take off his head- gear when visiting a European, whether the head-gear were a cap, a turban or a scarf wrapped round the head. A salute even with both hands was not sufficient. Balasundaram thought that he should follow the practice even with me. This was the first case in my experience. I felt humiliated and asked him to tie up his scarf. He did so, not without a certain hesitation, but I could perceive the pleasure on his face.

It has always been a mystery to me how men can feel themselves honoured by the humiliation of their fellow beings.

Chapter 46 THE £ 3 TAX

B,

► alasundaram's case brought me into touch with the indentured Indians. What impelled me,

however, to make a deep study of their condition was the campaign for bringing them under special heavy taxation.

In the same year, 1894, the Natal Government sought to impose an annual tax of £ 25 on the indentured Indians. The proposal astonished me. I put the matter before the Congress for discussion, and it was immediately resolved to organize the necessary opposition.

At the outset I must explain briefly the genesis of the tax.

About the year 1860 the Europeans in Natal, finding that there was considerable scope for sugarcane cultivation, felt themselves in need of labour. Without outside labour the cultivation of cane and the manufacture of sugar were impossible, as the Natal Zulus were not suited to this form of work. The Natal Government therefore corresponded with the Indian Government, and secured their permission to recruit Indian labour. These recruits were to sign an indenture to work in Natal for five years, and at the end of the term they were to be at liberty to settle there and to have full rights of ownership of land. Those were the inducements held out to them, for the whites then had looked forward to improving their agriculture by the industry of the Indian labourers after the term of their indentures had expired.

But the Indians gave more than had been expected of them. They grew large quantities of vegetables. They introduced a number of Indian varieties and made it possible to grow the local varieties cheaper. They also introduced the mango. Nor did their enterprise stop at agriculture. They entered trade. They purchased land for building, and many raised themselves from the status of labourers to that of owners of land and houses. Merchants from India followed them and settled there for trade. The late Sheth Abubakar Amod was first among them. He soon built up an extensive business.

The white traders were alarmed. When they first welcomed the Indian labourers, they had not reckoned with their business skill. They might be tolerated as independent agriculturists, but their competition in trade could not be brooked.

This sowed the seed of the antagonism to Indians. Many other factors contributed to its growth. Our different ways of living, our simplicity, our contentment with small gains, our indifference to the laws of hygiene and sanitation, our slowness in keeping our surroundings clean and tidy, and our stinginess in keeping our houses in good repair all these, combined with the difference in religion, contributed to fan the flame of antagonism. Through legislation this antagonism found its expression in the disfranchising bill and the bill to impose a tax on the indentured Indians. Independent of legislation a number of pinpricks had already been started.

The first suggestion was that the Indian labourers should be forcibly repatriated, so that the term of their indentures might expire in India. The Government of India was not likely to accept the suggestion. Another proposal was therefore made to the effect that

1. The indentured labourer should return to India on the expiry of his indenture; or that

2. he should sign a fresh indenture every two years, an increment being given at each renewal; and that

3. in the case of his refusal to return to India or renew the indenture he should pay an annual tax of £25.

A deputation composed of Sir Henry Binns and Mr. Mason was sent to India to get the proposal approved by the Government there. The Viceroy at that time was Lord Elgin. He disapproved of the £ 25 tax, but agreed to a poll tax of £ 3. I thought then, as I do even now, that this was a serious blunder on the part of the Viceroy. In giving his approval he had in no way thought of the interests of India. It was no part of his duty thus to accommodate the Natal Europeans. In the course of three or four years an indentured labourer with his wife and each male child over 16

and female child over 13 came under the impost. To levy a yearly tax of £ 12 from a family of four husband, wife and two children when the average income of the husband was never more than 14s. a month, was atrocious and unknown anywhere else in the world.

We organized a fierce campaign against this tax. If the Natal Indian Congress had remained silent on the subject, the Viceroy might have approved of even the £ 25 tax. The reduction from £ 25 to £ 3 was probably due solely to the Congress agitation. But I may be mistaken in thinking so. It may be possible that the Indian Government had disapproved of the £ 25 tax from the beginning and reduced it to £3, irrespective of the opposition from the Congress. In any case it was a breach of trust on the part of the Indian Government. As trustee of the welfare of India, the Viceroy ought never to have approved of this inhuman tax.

The Congress could not regard it as any great achievement to have succeeded in getting the tax reduced from £ 25 to £3. The regret was still there that it had not completely safeguarded the interests of the indentured Indians. It ever remained its determination to get the tax remitted, but it was twenty years determination to get the tax remitted, but it was twenty years before the determination was realized. And when it was realized, it came as a result of the labours of not only the Natal Indians but of all the Indians in South Africa. The breach of faith with the late Mr. Gokhale became the occasion of the final campaign, in which the indentured Indians took their full share, some of them losing their lives as a result of the firing that was resorted to, and over ten thousand suffering imprisonment.

But truth triumphed in the end. The sufferings of the Indians were the expression of that truth. Yet it would not have triumphed except for unflinching faith, great patience and incessant effort. Had the community given up the struggle, had the Congress abandoned the campaign and submitted to the tax as inevitable, the hated impost would have continued to be levied from the indentured Indians until this day, to the eternal shame of the Indians in South Africa and of the whole of India.

Chapter 47 COMPARATIVE STUDY OF RELIGIONS

I

f I found myself entirely absorbed in the service of the community, the reason behind it was my

desire for self-realization. I had made the religion of service my own, as I felt that God could be realized only through service. And service for me was the service of India, because it came to me without my seeking, because I had an aptitude for it. I had gone to South Africa for travel, for finding an escape from Kathiawas intrigues and for gaining my own livelihood. But as I have said, I found myself in search of God and striving for self- realization.

Christian friends had whetted my appetite for knowledge, which had become almost insatiable, and they would not leave me in peace, even if I desired to be indifferent. In Durban Mr. Spencer Walton, the head of the South Africa General Mission, found me out. I became almost a member of his family. At the back of this acquaintance was of course my contact with Christians in Pretoria. Mr. Walton had a manner all his own. I do not recollect his ever having invited me to embrace Christianity. But he placed his life as an open book before me, and let me watch all his movements. Mrs. Walton was a very gentle and talented woman. I liked the attitude of this couple. We knew the fundamental differences between us. Any amount of discussion could not efface them. Yet even differences prove helpful, where there are tolerance, charity and truth. I

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