11. The reward of gentleness - The Black Act

The year 1906 was well under way when this re--registration was completed. I had re-entered the Transvaal in 1903 and opened my office in Johannesburg about the middle of that year. Two years had thus passed in merely resisting the inroads of the Asiatic Department. We all expected now that re-registration would satisfy the Government and confidently looked forward to a period of comparative peace for the community. But that was not to be. The reader has been already introducedalready introduced to Mr. Lionel Curtis. This gentleman held, that the Europeans had not attained their objective simply because the Indian changed their old permits for new certificated of registration. It was not enough in his eyes, that great measures were achieved by mutual understanding. He was of opinion that these should have the force of law behind them, and that thus only could the principles underlying them be secured for all time. Mr. Curtis wanted such restrictions to be placed upon Indians as would produce a striking impression all over South Africa and ultimately serve as a model for the other Dominions of the Empire to imitate. He would not consider the Transvaal to be safe so long as even a single point in South Africa was open to Indians. Again, re-registration by mutual consent was calculated to increase the prestige of the Indian community while Mr Curtis was keen upon lowering it. He would not care to carry Indian opinion with him but would not care to carry Indian opinion with him but would frighten us into submission to external restrictions backed up by rigorous legal sanctions. he He therefore drafted an Asiatic Bill and advised the Government that so long as his Bill was not passed, there was no provision in the laws already in force to prevent the Indians from surreptitiously entering the Transvaal or to remove unauthorized residents from the country. Mr Curtis’ arguments met with a ready response from the Government, and a draft Asiatic Law Amendment Ordinance to be introduced into the Legislative Council was published in the Transvaal Government Gazette.

Before dealing with this Ordinance in detail, it would be well to dispose of an important event in a few words. As I was the author of the Satyagraha movement, it is necessary to enable the reader fully to understand some events of my life. The Zulu ‘rebellion’ broke out in Natal just while attempts were thus being made to impose further disabilities upon Indians in the Transvaal. I doubted then and doubt even now if the outbreak could be described as a rebellion, but it has always been thus described in Natal. Now as in the Boer War, many European residents of Natal joined the army as volunteers. As I too was considered a resident of Natal, I thought I must do my bit in the war. With the community’s permission, therefore, I made an offer to the Government to raise a Stretcher-bearer Corps for service with the troops. The offer was accepted. I therefore broke up my Johannesburg home and sent my family to Phoenix in Natal where my co-workers had settled and from where Indian Opinion was published. I did not close the office as I knew I would not be away for long.

I joined the army with a small corps of twenty or twenty-five men. Most of the provinces of India were represented even on this small body of men. The corps was on active service for a month. I have always been thankful to God for the work which then fell to our lot. We found that the wounded Zulus would have been left uncared for, unless we had attended to them. No Europeans would help to dress their wounds. Dr. Savage, who was in charge of the ambulance, was himself a very humane person. It was no part of our duty to nurse the wounded after we had taken them to the hospital. But we had joined the war with a desire to do all we could, no matter whether it did or did not fall within the scope of our work. The good Doctor told us that the could not induce Europeans to nurse the Zulus, and that it was beyond his power to compel them and that the would feel obliged if we undertook this mission of mercy. We were only too glad to o this. We had to cleanse the wounds of several Zulus which had not been attended to for as many as five six days and were therefore stinking horribly. We liked the work. The Zulus could not talk to us, but form their gestures and the expression of their eyes they seemed to feel as if God had sent us to their succour.

The work for which we had enlisted was fairly heavy, for sometimes during the month we had to perform a march of as many as forty miles a day.

The Corps was disbanded in a month. Its work was mentioned in despatches. Each member of the Corps was awarded the medal especially struck for the occasion. The Governor wrote a letter of thanks. The three sergeants of the Corps were Gujaratis, Shris Umiashankar Manchharam Shelat Surendra Bapubhai Medh, and Harishankar Ishvar Joshi. All the three had a fine physique and worked very hard. I cannot just now recall the names of the other Indians, but I well remember that one of these was a Pathan, who used to express his astonishment on finding us carrying as large a load as, and marching abreast of, himself.

While I was working with the Corps, two ideas which had long been floating in my mind became firmly fixed. First, an aspirant after a life exclusively devoted to service must lead a life of celibacy. Secondly, he must accept poverty as a constant companion through life. He may not take up any occupation which would prevent him or make him shrink from undertaking the lowliest of duties or largest risks.

Letters and telegrams, asking me to proceed to the Transvaal at once, had poured in, even while I was serving with the Corps. On return from the war, therefore, I just met the friends at Phoenix and at once reached Johannesburg. There I read the draft Ordinance referred to above. I took the Transvaal Government Gazette Extraordinary of August 22, 1906 in which the Ordinance was published, home from the office. I went up a hill near the house in the company of a friend and began to translate the draft Ordinance into Gujarati for Indian Opinion. I shuddered as I read the sections of the Ordinance one after another. I saw nothing in it except hatred of Indians. It seemed to me that if the Ordinance was passed and the Indians meekly accepted it, that would spell absolute ruins for the Indians in South Africa. I clearly saw that this was a question of life and death for them. I further saw that even in the case of memorials and representations proving fruitless, the community must not with folded hands. Better die than submit to such a law. But how were we to die? What should we dare and do so that there would be nothing before us except a choice of victory or death? An impenetrable wall was before me, as it were, and I could not see my way through it. I must acquaint the reader with the details of the proposed measure, which shocked me so violently. Here is a brief summary of it.

Every Indian, man, woman o r child of eight years or upwards, entitled to reside in the Transvaal, must register his or her name with the Registrar of Asiatics and take out a certificate of registration.

The applicants for registration must surrender their old permits to the Registrar, and state in their applications their name, residence, caste, age, etc. The registrar was to note down the important marks of identification upon the applicant’s person, and take his finger and thumb impressions. Every Indian who failed thus to forfeit his right of residence in the Transvaal. Failure to apply would be held to be an offence in law for which the defaulter could be fined, sent to prison or even deported within the discretion of the court. Parents must apply on behalf of their minor children and bring them to the Registrar in order to give their finger impressions, etc. In case of parents failing to discharge this responsibility laid upon them, the minor on attaining the age of sixteen years must discharge it himself, and if he defaulted, he made himself liable to the same punishments as could be awarded to his parents. The certificate of registration issued to an applicant must be produced before any police officer whenever and wherever he may be required to do so. Failure thus to produce the certificate would be held to be an offence for which the defaulter could be fined or sent to prison. Even a person walking on public thoroughfares could be required to produce his certificate. Police officers could enter private houses in order to inspect certificates. Indians entering the Transvaal from some place outside it must produce their certificates before the inspector on duty. Certificates must be produced on demand in courts which the holder attended on business, and in revenue offices which issued to him a trading or bicycle licence. That is to say, if an Indian wanted any government office to do for him something within its competence, the officer could ask to see his certificates before granting his request. Refusal to produce the certificate or to supply such particulars or means of identification as may y be prescribed by regulation would be also held to be an offence for which the person refusing could be fined or sent to prison.

I have never known legislation of this nature being directed against free men in any part of the world. I know that indentured Indians in Natal are subject to a drastic system of passes, but these poor fellows can hardly be classed as free men. However even the laws to which they are subject are mild in comparison to the Ordinance outlined above and the penalties they impose are a mere fleabite when compared with the penalties laid down in the Ordinance. A trader with assets running into lakhs could be deported and thus faces with utter ruin in virtue of the Ordinance. And the patient reader will see later on how persons were even deported for breaking some of its provisions. There are some drastic laws directed against criminal tribes in India, with which this Ordinance can be easily compared and will be found not to suffer by the comparison. The giving a novelty in South Africa. With a view to seeing some literature on the subject, I read a volume on finger impressions by Mr. Henry, a police officer, from which I gathered that finger prints are required by law only from criminals. I was therefore shocked by this compulsory requirement regarding finger prints. Again, the registration of women and children under sixteen was proposed for the first time by this Ordinance.

The next day there was held a small meeting of the leading Indians to whom I explained the Ordinance word by word. It shocked them as it had shocked me. One of them said in a fit of passion: ‘If anyone came forward to demand a certificate from my wife, I would shoot him on that spot and take the consequences.’ I quieted him and, addressing the meeting said, ‘This is a very serious crisis. If the Ordinance were passed and if we acquiesced in it, it would be imitated all over South Africa. As it seems to me, it is designed to strike at the very root of our existence in South Africa. It is not the last step, but the first step with a view to hound us out of the country. We are therefore responsible for the safety, not only of the ten or fifteen thousand Indians in the Transvaal both of the entire Indian community in South Africa. Again, if we fully understand all the implications of this legislation, we shall find that India’s honour is in our keeping. For the Ordinance seeks to humiliate not only ourselves but also the motherland. The humiliation consists in the degradation of innocent men. No one will take it upon himself to say that we have done anything to deserve such legislation. We are innocent, and insult offered to a single innocent member of a nation is tantamount to insulting the nation as a whole. It will not, therefore, do to be hasty, impatient or angry. That cannot save us from this onslaught. But God will come tour help, if we calmly think out and carry out in the time measures of resistance, presenting a united front and bearing the hardship, which such resistance brings in its train.’ All present realized the seriousness of the situation and resolved to hold a public meeting at which a number of resolutions must be proposed and passed. A Jewish theatre was hired for the purpose.