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I February J 3th, 1925 INDIAN OPINION 409 ~ ------- ~ -------. -------------.-------------------------~~~ '. wiv('s, as HlOnn ~nli MahommetlAn 1.1\\ allows "'l'olygalllou.; ll11rl··.t~I'. TllIJ In' hans Helif l Act of 1~14 l"P(IJ~II1"(- t i 01' t/lP pllrpose:'! 1)( irnnll~r'LtiO!l HindI! all11 ~Llh()1J1I1l ,1111 wiveH WI wive!!, but (JlllvlIled thltt no :-.lleh Wlft' "'lonid bE' I'ec()~nh,~ 1 it fluch 'a union already eXlsteci between the husband and ~ 'othpr woman residing in any Province, Fatilllil. s('~rr. Hlssnn argued, WdS not re8idin~ in the Gillon llo\r and HO thE'refnl'p A ~ e"ha WdS entltle,l to eut"" as a wife. JIe quotell :\lm v .. Principal ImmgralOn Officer 1921J C. P. D. :a7 and Marialll v. Immil-!rank: ! Appeal Ho,mI, N. 1'. JP. :~>\2 Mr. Bigby quoted Kulsum Blbi'!l case, 191:l, N.P.D. 4:37, to show that beforo thIS Inlli,lJls Rehef Act of 1914, a Hindu or Mahomed,m WIfe was no WIfe at all in the eye of the law. He argned that the provisos to Section a (2) of Act 22 of 1914 could - not increase the rights of an Indian wife, anu that the sub-section itself WaR the dommant art. He Clte!l Cr,nes 8tatue Law on this point. In giving Judgment. Sir John Dove WJlson narrated the f:JCt;l above !let out. Ill' then detailed the provhnons of the two sectIOns 111 the Acts of 191;): and 1\)14 which govern the question in this case. I l'olygamouH marriages are not re('ogmsed as marriages in Homan Dutch IJ.w, and the, effect of the 1!Jl:J Act was to exclude all IndIan WIves married under Hindu or Mahomedan law. The Act of H114 amended the 191:f Act flO afl to give an In. dian the right to bring in a Wife by Hmdu or Mahomedan law into this country. Dealing With thIS section :l of Act 2~t 19H. IllS Lordship fJc\id that the legislature I'ecognitled tlldt It was going too br to say that a pulygamous marrIage was never a marriage at all. It allowed an Indian to solect. one of his wives, otherwise :\ prohibited Immigrant, and bl'ing her into NatJ.l. ~u~ he had not thiS right in all circLUnstancel!. There were two provIsos. He could not du this if at the bme of the attempted int,'olIuction a Wife by a similar umon was residing hl South Africa. nor if there wel'e children from a IIbUar union alive in South Afr1ca. These provi- '!llons do not, however, effect Ayesha, since Fatlma IS resilhng in India and is childless Ayesna is, in torms of Section 3 (2), a WIfe by Mahomedan law, anll by the terms of that Section the husband has a free hJ.nu in bringing in which of his.. Mahomedan wi ves he pleases. It was said that he had no lliscretioll because -"one of his Mahomedan wIves formerly lived with him in Natal. There was nothing in the SectIOn to take away the husband's discretion III circumstances like thes£'. The wordmg of the 'irst prOVISO, in thE:' present tenst!, was ngamt snch ~ contention. AyeshJ. was, then-fon-, pl.unly eD ,Hled to enter Natal. }'atim,\ is indepen.lently of IeI' huslJUnu a domiciled Nat.1Iia.n. ,lnlL mav as sl1ch )e entitled to t-nter Nat.tl. IllS LorJ5hll; gn,mled limself agmnst expresslIlg iilny opinion as to Fahnn's rights to return. It m,l)' 1)l' that the I,eglslatul'e did not fOl'see the result of these St'Chons when enacting th(;,Ill. Cll.~"iDl hl!" been eno.lbled to mtrouuce a second wlte into N,ltaJ, .Ilthollgh Le already has n wife in exi:-.tcnce. But thiS cannot .tffect the interpretatIOn of the pl.nn and obvious language of the Statute. l\h. JU8tice C,wter concurred. Mr. Jnstict' Tatb,tUl sdicl he W,\S Itouhtflll flS to the UloMing of Section :~ (2) of Act 22 of In.!, and thought that the Section was amblgqously Wt~'I1. He. theleforf'. lookf'd to the tlttte ot the law when Act 22 of l!lH was p.u;"eJ. At that date all wives marnt>Ll under polrgamolls systpmR of l.1w '\vpre not wi\t'S at, all. ,lIld no IndulU could introduce any "Olll.lll 1I:'1 Illst ,,'ifp, eYf'1l If she W,\;l his ouly wlf(', If his religion permitted polyg.lUIY. In f \)11 Parh.lment introducP({ ,I rellH'd~·. awi his LOI'11- [hip thought that the Act l'E'ally meant th.lt .m Indian could only introdnce a WIfe if he kept one Iwom:t.n to be trc:ltell as bll; wifl' in tt'l'lIlR of the immigratIOn la"s. HHo C.Issim W,IS tlt'.ltlllg" two women as IllS wivps for. the purpose of the immigration law. His Lords 1 11p did not dissent, but concUFred With great hesltalloo. The question put was answered in the negative. The woman Ayesha wa" givpn her costs against the BOJ.rll.-i\!alol Jlercury. W.\NTED LES~ AN'.(I-NATIONALISM .AND ~IURE PRO-HU~IANITY To SOLVE THE PRESENT ECml'OMIC PROBLEM The follo'wing letter representing a very sane view of the Asiattc question appeared in a recent I""lle of the NaJal Af~CU,.y :- Sir,-Letters appeanog III your columns npon the ASlatIc question are more or less in the nature of an intermittent flow, but in spite of all thJ.t has been written and said concerning this economically importJ.llt sectton of N~tal's population, we, as a people, do not seem to make auy defiUlte move towards discl)vering a solution ~ the problems arising out of the existence of the Asiatic m South Africa. No doubt many people are in sympathy with th~ pomts of vif'w as expressed by .. Townsman" and .. A Countryman" in your recent columns, and there may be various reasons why thy are so, but we may safely suppose that the dominating reasons may be traced to '- (a) Race and colour prejudice. (b) A partial realisation of economic differences. (c) A beltef that ASiatics in the industry and_commerce of Africa are occupying jobs which should nghtIy belong to the present white population of the Union, and, (d) The fact that the majol'ity of ,people a.re more 01' le~~ totally Ignorant of the economic workings of the system under whICh we live. It.is rather dIfficult to confine this matter to the restrlCted colnmns of the Press, but it is of such paramount importance as to warrant considerable time being spent upon it, even to the extent ot darmg to fly in the 'face of public opmion, for there mnst be qUIte a number of peopJe to whom it is glaringly apparent, that in order to cure the evils popularly ascribed to the presence of the AsiatIC, we must be prepared to go to much greater lengths than the mere curtailing or refusal of licences. One may be sympathetically mclined towards those who advocate the repatrIation of the whole AsIatic population, but even these must give way to' the stubborn fact that the South African-born Asiatic is a South African subject of the King, geogI-aphically, of COUl'Re, and IndIa bas as much right to -treat one RO born as a foreigner to Ihdia, as England would have ill refusing recl'>gnition to the South Afr1C.l,n horn of EUJ..(lish parents. In this connection I may mentiou that Geneml Smuts, when dealmg with the m,ltter ot the deportment of Emoppans from South Africa Some years a;.;o, when questioned as to why he had not deported the Routh African colleague!'! with the deportees, replied to the effect that South Africa toust cor. sume its OWn smoke. III any case, we may take it as an acct'pted fact that South Africa is the home of people hoi'll in the country, and t.hat being the ca.,e, we 1 annot legally expel those IruJians _who were hom hel't'. Thl:'! fact is a poser to the advocate of - lock, stock and b,m'el" repatriation, but unf::rtnnatfoly, the anti-Asiatic Will not accept this tact, and is consequently led mto worse confnsion. The scheme next in favour to repatriation is !\egregation, aml this too appeals strongly to those who do not stay to consider all that it may mean. ~oo m,m}" Em'opeans ! YJ.C.lte.l by the ,Iep,lI'tl'ti In.han. For many who ddvvc,\tt: t,lli.s step, it would .1PP(;',t,r that they Wt'l't.l
INDIAN OPINION February 13th, 1925 firm beilevers of .. out of sight, out of mllld," bnt ASIatIc segregation would not work out So tllmply us that, out of sIght they rUlght be, but so long as they were in SOllt):J. Atnca they could never be out of mmd, dnd for variolls reasons, but chiefly becduse no system of segregatIon Cdll cut them off from competmg agaulflt the reklt of, our populatIon or from competlllg against the best ot the worM. .. A Countrymen" ,tppeal'S to be chiefly cOllcelned wIth the ASIatic as d
Page 1 and 2: ananJayarao Gadgd Library I~~~ mlll
Page 3 and 4: M Jahuary 2nd, 192.5, 2 j' . INDIAN
Page 5 and 6: 4 INDIAN OPINION Jannary ~nd. J925-
Page 7 and 8: has adopted a resolutIon ratifying
Page 9 and 10: 8 INDIAN OPINION January 9t h, J 92
Page 11 and 12: approximate, the European deteriora
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Page 21 and 22: 20 INDIAN OPINION January 23rd, 192
Page 23 and 24: 22 -- , INDIAN OPINION INDIA AND ~N
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Page 27 and 28: Guiana, and few less developed owin
Page 29 and 30: . INDIAN OPINION we can go. The seg
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Page 33 and 34: INDIA~' Ul'lN 1UN February 6th, 192
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Page 37 and 38: INDIAN OPINION February 6th, t'I' S
Page 39 and 40: is a talk.of France paying America
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Page 43: I N PI -\N OPIN ION February 13th,
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Page 49 and 50: .... ~, ~,""I~ l"t16~te'l l"'~lcl'l
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Page 53 and 54: is that for the time being I am c-a
Page 55: -2,4 __ _ fronted, along the great
Page 58 and 59: February 27th, 1925 -INDIAN OPINION
Page 60 and 61: _F_e~~!ry 27th, 1925~ ___ I:..::N_U
Page 62 and 63: February 27th, 1925 INDIAN OPINION
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Page 66 and 67: March 6th, 192$ tNOlAN OPINI\JN he
Page 68 and 69: March 6th, 1925 INUIAN OPINION onH
Page 70 and 71: 'ttLlinn ®pinilltt ~r\No. II-VOl.
Page 72 and 73: I M arch 13th, *92$ INDIAN OPiNION
Page 74 and 75: , March 13th, 1925 INuf.~N OPINION
Page 76 and 77: f;- IltOt! 'No. I2-VOl. XXIII. Frid
Page 78 and 79: March 20th, 1925 INDIAN OPIN ION 71
Page 80 and 81: M:Hch 20th. 'Me; ~NUIJ\N OPINlqN 79
Page 82 and 83: ~pittillU No. 13-Vol. XXIII. Friday
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Page 86 and 87: March 27th, 1925 INDIAN OPINION llt
Page 88 and 89: J!ttfliatt ~pilliolt ','" No. 14-VO
Page 90 and 91: April 3rd, 1925 INDIAN OPINION a9 -
Page 92 and 93: April. 3rd, 1925 INDIAN UPINION 91
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·~ lillian ar11& + + ~'ttttgU No.
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April 10th, 1925 INDIAN OPINION 95
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2pril loth, 1925 ______ 1 N_V_I A_N
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No. 16-VoI. XXIII. Friday, April 17
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..... ~I' April J7th, 1925 INDIAN O
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April 17th, 19%5 INDIAN UPINION 103
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~ ndiatt .C®pittiIlU No. 17-VoJ. X
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, IJCtln un occ I"io 1 for jny to U
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April 24th, 1925 INDIAN OPINION 109
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t12 INDIAN OPINION May 1st, 1925 \
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II4 INDIAN OPINION May 1st, 1925 Na
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-llt~t!! ~(~ ~ 1ll1:RJ ThJ>lt 3;lt
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liS INDIAN OPINION May 8th, 1925 \
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120 INDIAN OPINION May 8th, 1925 ab
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tl.'ll\ "'h:'b ~~,~~ ~I"_"'\; t~lt
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INOIAN OPINION May 15th, 1925 menti
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126 INDIAN OPINION May 15th, 1915 \
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Jl'lPl", (~lt' ~thll!! 'Ut l-1r..'1
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INDIAN OPINION' May 22nd, 1925 Of c
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132 INDIAN OPINION May 22nd, 1925 Y
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134 __________________ I_N_D __ IA_
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INDIAN ()~INt()N man, and the ~\l't
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whole questiOn, and it it is at all
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INDIA IN IMPERIAL PARLIAMENT 'The E
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Reuter's tnessage understandil that
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144 INDIAN OPINION June 5th• 1925
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{NOlAN OPINION June 5th, 1925 probl
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148 INDIAN OPINION june 12th, 1925
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EUROPEAN ASSOCIATION AND MR. DAS Th
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15~_~,~,~, _______________ IM __ b_
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154 INDIAN OPIN ION June 19th, 1925
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INDIAN OPINION organisation and co-
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-"V~nd~mataram" and received Mahatm
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!NDIAN OPINION June 26th, 19z5 fate
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)62 , INDIAN OPINION June 26th, III
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, ,Anptl\er gFe\i~ figqr~ of tpe (t
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166 I NOlAN OPINION July 3rtl, ') 5
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168 INDIAN OPINION has been depende
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( \ ~.,,' _ INDIAN Ol'lNION .. J'"
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(NOlAN OPINION 1 uly' loth. 1925 .
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t74 INDIAN OPINION July loth. 1925
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lNDIAN OPINION July -loth,. 1925--
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__ I~7S~ ________________ t_N_D pre
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180 .ffblf1~ OPlNJON July 17th, 192
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~ pa4 J.o!llJ?~ratiVely' -\itjJ~.)~
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Freedom, and alas I to the very alt
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186 INDIAN OPINION July 24th, 1925
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~88 ·rNOIAN OPINION July 24th, 192
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~ I INblAN OPINION july 31st, 1925
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INDIAN OPINION July 31st, 1925 A...
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~.I~94~~ ________________ I_N_D_I_A
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INn, l\ N OPINION August 7th, i 5 s
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part of the toWD.\ here or to hold
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3 (To be read a Second Time on Mond
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5 / stncted number of such persons
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5 10 15 20 25 11. (1) Subject to th
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9 5 10. (g) within any class of per
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5 11 for registration from sm.h ASi
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200 l~-bIAN OPINION August 14th, 19
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202 INDIAN OPINION August 14th, 192
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204 INDIAN OPINION August 14th, 192
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a. ,.. ij ~ ,~ Itt ifil"f ~it.i itf
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enough, a,Dd it is as diffieult for
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.. # • ../' 210 INDIAN OPINION Au
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Augu!>t 21St, 1925 212 INDIAN OPINI
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INDIAN OPiNiON August 28th, 1925 AS
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INDiAN OPINION August 28th, 19~5 as
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218 INDIAN OPINION . August 28th, 1
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220 INDIAN OPINION September 4th, 1
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222 INDIAN OPINION September 4th, l
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k ['he ,fourth Qlllliv.ersary of th
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226 INDIAN OPINION September 4th, 1
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"S!'2'S Sefitember., 4th, 1925'.
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INDIAN OPINION September lIth. 1925
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Your committee hall further printed
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234 INDIAN opINION September lith.
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236 INnlAN OPINION September lith.
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~ln: lkl~!t.' ~~t:~ It. ... ~ ~ltl}
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INDIAN Uf~lNION September 18th, 192
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INOl \N OPINION September 18th. 192
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plate with il.ldiffetence the prosp
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INDIAN OPINION September 18th I Q !
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'jng which was most enthusiastic th
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was not a supporter of. the present
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September 25th, 1925 ~:--~---------
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, .... • 254 ____________ ~ _____
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the press of Durban and Mariuburg h
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I have this peculiar theory, that t
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~fts~ at aiU(i~t(;t dJi~.~ , ~ ~~rt
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INDIAN OPINION October 9th, 1925 ''
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Act 1922 in Section 7 (4); that the
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~~!lllf ~ljl!'\ tln= ~l~lc c~~~ I-D
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standing ord.ers and allowed Indian
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make it as dlfficulL and as inconve
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1}J,- 'HI} {:f H!}q 1~ lh1't~ UtJl1
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iNDIAN OPiNION October 23rd, 1925 t
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INDIAN OPINION October 23rd. 1925 T
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~78 __________________ IN __ O_IA_N
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INDiAN OPINION October 30th, 1925 t
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Kazi, Sorabj~e RUBtomjee, M. B. Nai
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* •• ~~ ••• **.***.*.~ ~
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286 INDIAN OPINION November 6th, 19
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.0 INDIAN OPINION November 6th 1925
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INDIAN OPINtON November 13th, 1925
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, They are "the same, yct not the s
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INDIAN OPINION November 13th, 192~
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~9_6 __ ~,~ ________________ IN __
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INDIAN OPINION November 2?th. 1925
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302 INDIAN OPINION 20. Having regar
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INDIAN OPINION November 20th, I925
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agitation in Chma, and added that t
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. 3. 10 INDIAN OPINION November 27t
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~3~t2 ____________________ 1_N_D_I_
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I 3 1 4 INDtAN opiNION December 4th
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316 INDIAN OPINION December 4th, 19
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, ' , Government of India Deputatio
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320 INDIAN OPINION December I. tho
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INDIAN OPINION ment again and refe~
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iNptAN OPINION t>ecernber 18th, 192
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Right of ent~y and residence in any
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INDIAN OPINION December 18th. 1"5 a
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330 INDIAN OPINION , becember 25~h.
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__ 3_j~2~ __________________ I_N_D
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INDJAN orIN ION December 25th. '9~S
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