The Natal Indian pressed Gandhi to stay

In the Orange Free State, Indians had been deprived of all their rights by a law enacted in 1888. They could stay there only if they did menial work. The traders there were sent away with nominal compensation.

Under a law passed in 1886, the Indians who wanted to live in the Transvaal were forced to pay an annual poll-tax of ₤3 per head. They were not allowed to possess land except in locations set apart for them. They had no franchise. If they wanted to go out of their houses after 9 p.m., they had to carry a permit with them. They were not allowed to use certain highways at all.

Gandhi felt humiliated at the way Indians were treated there. He thought it was his duty to defend their rights and remove their grievances.

He often went out for an evening walk with an English friend. Coates and he rarely reached home before 10 p.m. He had obtained a letter from the State Attorney allowing him to be out of doors at any time without police interference.

One evening Gandhi was alone, walking at his usual brisk pace, when he was suddenly attacked and knocked down. He was injured. He struggled to his feet to face a police constable.

“That will teach you to obey the law,” shouted the policeman. “No Indian has the right to walk past the president’s house. Didn’t you know that?”And the policeman kicked him.

“Gandhi, are you hurt?” asked a familiar, friendly voice. It was Coates. He happened to be passing that way when he saw Gandhi being attacked.

Coates gave a warning to the policeman.

“This man is my friend and a distinguished lawyer,” he said. “If he makes a complaint against you, I shall be his witness.”

Then he turned to his friend and said,” I am very sorry, Gandhi, that you have been so rudely assaulted.”

“You need not be sorry,” said Gandhi.” How is the poor man to know? All colored people are the same to him. I have made it a rule not to go to court in respect of any personal grievance.”

“Just like you, “said Coates, who was still very angry at the policeman’s behavior.

Coates turned again to the policeman and said, “You could have told him politely what the regulations are instead of knocking him down.”

“Never mind,” said Gandhi. “I have already forgiven him”.

Now that the Abdulla case had been settled, Gandhi thought there was no need for him to stay on in South Africa. Towards the end of 1893 he went back to Durban to book his passage to India. Abdulla arranged a farewell party in his honour.

While going through the newspapers that day, Gandhi was surprised to read that a bill (Franchise Bill) was pending before the Natal legislative Assembly which would deprive Indians of their right to elect members to the Assembly. Here too they would be disfranchised. He brought this to the notice of the people gathered there for the party.

“What do we understand about such matters?” Abdulla Seth said. “We only understand things that affect our trade.”

“This bill, if it passes into law, will make Indians extremely unhappy,” Gandhi said gravely.” It is the first nail in our coffin. It strikes at the very root of our self –respect.”The Indians now realized what was at stake but they were unable to decide what to do. They requested Gandhi to postpone his departure and help them. He agreed to stay on for another month and organize resistance to the new bill.

Late that night the Indians held a meeting in Abdulla Seth’s house under the president ship of Haji Tyeb Khan Muhammad., the most influential Indian merchant there. They resolved to oppose the Franchise Bill with all their strength.

Telegrams were sent to the Speaker of the Assembly and the Premier of Natal requesting them to postpone further discussion on the bill. The Speaker promptly replied that the discussion would be put off for two days.

 The Natal Indians then drew up a petition to the Legislative Assemble pleading against the bill. This was followed up by another petition to Lord Ripon, the then Secretary of State for the Colonies. This was signed by More than ten thousand Indians. Copies of the petition were circulated in South Africa, England India. There was much sympathy for the Natal Indians’ Plight, but the campaign had started too late to stop the bill becoming a law.

However, the campaign did do some good. For the first time, the people of India came to know of the conditions in Natal. An even more important result was the new spirit that now awakened the Indians in South Africa.

The Natal Indians pressed Gandhi to stay on for some more time to guide them. Gandhi told them that he was prepared to prolong his stay if the Indian community would provide him with sufficed legal work. They gladly agreed to do this. Twenty merchants turned over all their legal business to him.

When Gandhi applied for enrolment as an attorney to argue cases in court the entire bar, composed of white lawyers, strongly opposed him. However, the Supreme Court of Natal overruled the objection and he was allowed to practice. 

Soon Gandhi became one of the busiest lawyers in Durban; but to him law was a subordinate occupation. His main interest was his public work. He felt that merely sending in petitions and protests would not help the Indians much. A sustained agitation was necessary.

So he proposed the formation of a permanent organization to safeguard the interests of Indians. A meeting was called to discuss this matter. The spacious hall in Dada Abdulla’s house was packed to capacity. It was there, on that occasion, that the Natal Indian Congress was formed.

In 1894 the Natal Government sought to impose an annual poll-tax on the indentured Indians. These were laborers who had been recruited from India on a five-year contract. But on starvation wages. Under the contract they could not leave their employer. They were treated practically as slaves.

These men had been taken to South Africa to help the white colonizers in agricultural work. The Indians did more than what had been expected of them. They worked hard, purchased land and started cultivating their own fields. Their enterprise did not end there. They soon built houses and raised themselves far above the status of laborers. The white people did not like this. They wanted the Indian workers to return to India at the end of the contract period. To make things much harder for them, the government now imposed an annual poll-tax of ₤25.

The Natal Indian Congress started a strong agitation against this. Later, at the intervention of Lord Elgin, the then Viceroy of Indian, the tax was reduced to ₤3. Still Gandhi considered it an atrocious tax, unknown anywhere else in the world. The natal Indian Congress continued its agitation but it was 20 years before the poll-tax was finally withdrawn.

Gandhi spent three years in South Africa. He was now a well-known figure. Everyone recognized his frock-coat and turban. And his practice was well-established. He realized that he was in for a long stay. He knew that the people there wanted him with them, so in 1896 he asked their permission to go home and bring his wife and children to South Africa. Besides, a visit to India would be useful in gaining more support for the Indians in South Africa. He had arranged his work so well that he could look forward to six months’ leave.