Chapter 45 Chapter 18 Apartheid

The emblem of the court is a scale, held impartially by an impartial, blind, but wise woman.Fate deliberately blinded her, lest she judge a man by his appearance and not by his real worth.The Law Society of Natal, however, wants the Supreme Court to act contrary to this principle, thus abandoning its emblem. I applied to the Supreme Court to be a lawyer.I have a permit issued to me by the Bombay High Court.When I registered as a lawyer there, I deposited a certificate in English with the Bombay High Court for record.To apply this time, you need to attach two certificates of character. I think these two certificates will be more important if they are from Europeans, so I tried to get them from two famous European businessmen introduced by Abdullah Sai Get this kind of certificate.This kind of application must be submitted through the lawyer of the court. If it is submitted by the chief prosecutor, there is no charge according to the regulations.Mr. Escambe, legal adviser to Dada Abdullah & Co., was the Attorney-General at the time.I visited him and he was willing to forward the application for me.

I was then surprised when the Law Society notified me that it opposed my application to be a court attorney.One of the reasons they objected was that my application did not include the original English certificate.The main reason, however, is this. When formulating the application procedures for the membership of lawyers, they did not anticipate the possibility of lawyers of color applying for membership.Natal grew thanks to European companies, so Europeans must master the legal profession.If the colored races also get involved, they will gradually outnumber the Europeans, and their barrier will come down.

The Law Society hired a distinguished lawyer to support their objection.Because he is also related to Dada Abdullah Company, he asked Abdullah to send me a message, asking me to visit him.He talked to me candidly and asked me about my experience, which I told him.Afterwards he said: "I have nothing to say against you. I am only afraid that you are a colonial-born adventurer, and the fact that your application is not accompanied by original papers increases my suspicions. All kinds of papers, but they didn't belong to them. You sent me a certificate of character from a European merchant. I don't see any value. What do they know about you? How deep can they be with you ?”

"However," I said, "everyone here is a stranger to me. Even Abdullah Sai met me for the first time here." "But didn't you just say that he was from your country? If your father was prime minister there, Abdullah Sai must know your family. If he can write a letter of guarantee for you, I will have no objection. Then I will be happy to inform the Law Society that I am powerless to oppose your application." This remark irritated me, but I restrained my emotions. "If I attached Dada Abdullah's certificate," I said to myself, "it would still be rejected, and then they wanted a European certificate. And I applied for membership as a lawyer, and my origin and What does experience matter? How can it be used against me, no matter how humble or repulsive my origins may be?" I restrained myself, however, and replied calmly, "I do not admit that the Law Society has any right to know these things. details, though I am still prepared to submit a pledge that you wish for."

Abdullah's bond was prepared and sent to the Council of the Law Society.He said he was satisfied, but the Law Society was still unimpressed.It opposed my application in the Supreme Court, but the Supreme Court rejected it, and Mr. Escambe was not even summoned to answer.The Chief Justice declared: "The grounds for refusal because the applicant did not attach the original documents are not sufficient. If he forges the documents, he will be punished; if he is found guilty, his name will also be canceled. There is no difference between a person of color and a person of color. So this court has no power to prevent Mr. Gandhi from being registered as a lawyer. We accept his application. Mr. Gandhi, you can now take your oath."

I stood up and swore the oath before the Registrar.After taking the oath, the Chief Justice said to me, "Mr. Gandhi, you must now take off your turban. In the practice of law, you must obey the rules of the court and wear the prescribed attire." I understand that I am limited.In obedience to the order of the Supreme Court, I removed the hijab I had insisted on in the magistrate's court.I did this not because it would be unreasonable for me to resist orders, but because I wanted to preserve my strength for a greater struggle.I shouldn't be draining a fighter's skills just by insisting on wearing a hood.It's worth it for the greater cause.Abdullah Sai and the other friends disapproved of my subservience (or weakness?).They felt that I should insist on my right to wear a hijab when I was in court as a lawyer.I try to convince them.I tried to make them understand the truth of the adage: "Enter the country and ask the customs." I said, "If in India an English officer or judge orders you to take off your turban and refuses, that is right; but in India Thal, as an officer of the court, it would be wrong for me not to respect the custom of the local court."

I calmed my friends somewhat by these and similar remarks, but in this case I do not think I have fully persuaded them to accept the principle that different situations should be viewed from different points of view.Yet throughout my life, standing up for the truth has taught me to appreciate the beauty of compromise.Later in my life, I understood that this spirit was a necessary part of the movement of nonviolent resistance.It has often led to the peril of my life and the displeasure of my friends.But the truth is as firm as a diamond and as beautiful as a flower.The opposition of the Law Society gave me another publicity in South Africa.Most of the newspapers decried this opposition, and condemned the Law Society's envy.This publicity has facilitated my work to a certain extent.