# Speeches and Writings of M. K. Gandhi/Deputation to Lord Selborne

1922.
Layout 2
DEPUTATION TO LORD SELBORNE
Messrs. Abdul Gani (Chairman, British Indian Association), Mr. Haji Habib (Secretary, Pretoria Committee), Mr. E. S. Coovadia, Mr. P. Moonsamy Moonlight, Mr. Ayob Haeje Beg Mahomed and Mr. M. K. Gandhi formed a deputation that waited on Lord Selborne on November, 22nd, 1905. On behalf of the deputation, Mr. Gandhi presented the following statement of the position to His Excellency:—]
STATEMENT
There are, besides laws affecting coloured people and therefore British Indian’s the Peace Preservation Ordinance and Law 3 of 1885 as amended in 1886.
THE PEACE PRESERVATION ORDINANCE
The Peace Preservation Ordinance, as its name implies although framed to keep out of the Colony dangerous character, is being used mainly to prevent British Indians from entering the Transvaal. The working of the law has always been harsh and oppressive—and this in spite of the desire of the Chief Secretary for Permits that it should not be so. He has to receive instructions from the Colonial Office, so that the harsh working is due, not to the chief officer in charge of the Department, but to the system under which it is being worked. (a) There are still hundreds of refugees waiting to come. (b) Boys with their parents or without are required to take out permits. (c) Men with old £3 registrations coming into the country without permits are, though refugees being sent away and required to make formal application. (d) Even wives of Trausvaal residents are expected to rake out permits if they are alone, and to pay £3 registration, whether with or without theirs husbands. (Correspondence is now going on between the Government and the British Indian Association on the point.) (e) Children under sixteen, if it cannot be proved that their parents are dead, or are residents of the Transvaal, are being sent away or are refused permits, in spite of the fact that they may be supported by their relatives who are their guardian and who are residing in the Transvaal. (f) No non-refugee British Indians are allowed to enter the Colony, no matter what their station may be in life. (The last prohibition causes serious inconvenience to the established merchants, who, by reason thereof, are prevented from drawing upon India for confidential managers or clerks.)
In spite of the declarations of her late Majesty’s ministers, and assurances of relief after the establishment of civil Govern
​DEPUTATION TO LORD SELBORNE 31 rment, this law remains on the statute book, and is being fully enforced, though many laws, which were considered to be in conflict with the British constitution, were repealed as soon as British authority was proclaimed in the Transvaal. Law 3 of 1885 is insulting to British Indians, and was accepted totally under a misapprehension. It imposes the following restrictions on Indians 2-(a) It prevents them from enjoying burger rights. lb) It prohibits dwnership of fixed property, except in streets, wards, or locations set apart for the residence of Indians. (c) It contemplates compulsory segregation in locations of British Indians for purposes of sanitation. And (dl It imposes a levy of £8 on every Indian who may enter the Colony for purposes of trade or the like.
REFORMED ADMINISTRATION OF ORDINANCE It is respectfully submitted, on behalf of the Britishllndian Association that the Peace Preservation Ordinance should be so administered that (al it should facilitate the entry of all refugees without delay, (b) Children under sixteen should be exempt from any restriction whatsoever, if they have their parents or supporters with them. (c) Female relatives of British Indians should be entirely free from interference or restriction as to the rights on entry. And (dl a limited number of Indians. though not refugees, should on the application of resident traders who may satisfy the Permit Oiiioer that they require the services of such men. be granted permits for residence during the period of their contract of service. (el Indians with educational attainment should he allowed to enter the Colony on application.
REPEAL OF COLOUR LEGISLATION. Both the Law of 1885 and the Peace Preservation Ordinance and all other colour legislation affecting British Indians, should be repealed so soon as possible and they should be assured as to- (al Their right to own landed property. (bl To live where they like, subject to the general sanitary laws of the Colony. (c) Exemp- tion from any special payment. (dl And generally freedom from special legislation and enjoyment of civil rights and liberty in the same manner and to the same extent as the other Colonists.
SUBSTITUTES SUGGESTED Though the British Indian Association does not share the fear of the European inhabitants that an unrestricted immigration from India will swamp the latter, as an earnest of its intention to work in harmony with them and to conoiliate them, it has all along sub- mitted that·~·(ct) The Peace Preservation Ordinance should be replaced by an immigration law of a general character, on the Cape or the Natal basis, provided that the educational test recognises the great Indian languages and that power be given to the Government 60 grant residential permits to such men as may be required for
​the wants of Indians who may be themselves already established in businesses. (b) A Dealer’s Licences Law of a general character may be passed. applicable to all sections ot the community, whereby the Town Councils or Local Boards could control the issue of new trade licenses, subject to appeal to the Supreme Court to review the decisions of such Councils or Local Boards. Under such a law whilst the then existing licenses would be fully protected, except when the premises licensed are not kept in asanitary condition, all new applicants would have to be approved or by the Town Councils ol the Local Boards, so that the increase ollicenses would be largely dependent upon the bodies above-named.
Mr. GANDHI'S ADDRESS
Before presenting the statement to Lord Selbcrne, Mr. Gandhi addressed His Excellency as follows:—
PRELIMINARY REPRESENTATIONS
Before I deal with the statement I am to hand to your Excellency, I have been asked to mention two matters that have occurred during your recent tour through the Transvaal. Your Excellency is reported to have said at Potchefstroom that "no non-refugee British Indians would be allowed to enter the Colony until the Representative Assembly has considered the question next year." If the report is correct, it would, as I hope to show this afternoon, be a very grave injustice to the vested rights of the Indian community. At Ermelo, your Excellency is reported to have used the expression "coolie store-keepers." This expression has given very great offence to the British Indians in the Colony, but the British Indian Association has assured them that the expression has probably not been used by your Excellency, or, if it has, your Excellency is incapable of giving thereby any intentional offence to British Indian storekeepers. The use of the word "coolie" has caused a great deal of