A tough decision
September 3, 2024
When Gandhi decided in 1894 to stay permanently in South Africa, it was necessary to establish his own legal practice and expand his clientele. For that, he would need to join the Natal Bar Association so he could represent them in court. The Association objected; it was implied that membership was a privilege reserved for white men. Gandhi’s application was brought before the Natal Supreme Court on September 3, 1894, to be decided.
Gandhi relates this story in his autobiography. The chapter “Colour Bar” begins by reminding the reader that Justice is portrayed as being blind, as to not judge by outward appearances. And on this day, justice was. The Chief Justice overruled the Bar Association’s objections and promptly ruled in Gandhi’s favor: “The law makes no distinction between white and coloured people. … We admit his application. Mr. Gandhi, you can now take the oath.”
He’d won! Perhaps it was no coincidence that the Supreme Court met in Maritzburg, where he’d once spent a chilly night after refusing to voluntarily leave a first class train compartment. Walking through the same station two days earlier, had Gandhi reflected on his resolution to try and root out “the deep disease of colour prejudice”? Fifteen months later, he was back and being sworn in as South Africa’s first Indian lawyer.
Once the oath taken, the Chief Justice directed him to remove his turban. When Gandhi had faced the same demand his first week in South Africa, he responded by walking out of the District Magistrate’s Court. Now he had to decide again: should he submit or commit civil disobedience?
The dilemma should not have been a surprise; the young man had read the Supreme Court’s rules just a week earlier, and the dress code clearly prohibited covering one’s head. He recognized there was no racist intention behind the rule, it was simply enacted by people with a shared cultural heratige who’d overlooked the fact that 300 million of their fellow British subjects saw a covered head as a sign of respect.
In open court, Gandhi removed his turban. His friends criticized his decision, but I see three reasons why he went along.
This wasn’t a battle he wanted to fight. South Africa would offer plenty of challenges, and it was best to conserve his political capital.
These were well-established rules. His autobography cites the maxim, “When in Rome, do as the Romans do.”
He was taking a step along the road to simplicity. There was no universal truth about head coverings; they could be repectful or disrespectful, and so he was willing to make do with less.
Of course, now that his head was uncovered, he’d have to keep his hair presentable. When a white barber refused to serve him, Gandhi decided to cut his own hair… but that’s another story.
When have you done in Rome as the Romans do?