M.K. Gandhi, Attorney at Law. Charles R. DiSalvo

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M.K. Gandhi, Attorney at Law - Charles R. DiSalvo

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WOULD BE SURPRISING IF anyone noticed him. The person who arrived on the SS Clyde on September 29, 1888, at Tilbury Station, twenty miles south of London, England, was not the ascetic, politician, and saint whose campaign for Indian independence would make his loin-clothed image instantly recognizable a century later in Richard Attenborough’s Academy-award winning film, Gandhi. Rather, the figure stepping gingerly into that inhospitably cold and foggy Saturday night was a timid, even frail, eighteen-year-old child from an obscure part of a continent thousands of miles away, dispatched from his Hindu homeland to the foreign Christian and Western culture that was nineteenth-century Britain.1

      What transformed this shy boy into a respected leader? What drew the leader to civil disobedience? The answers, in part, are to be found in the experiences Gandhi underwent in the law. Before passing into that phase of his life during which he dedicated himself to the liberation of India from British rule, Gandhi practiced law for twenty years, at first briefly and unsuccessfully in India and then for a substantial period and quite successfully in South Africa before giving up the practice and returning to India. During the period of his legal education and then his practice, Gandhi was severely tested and, in response, found his voice and his focus. He established his identity as one who saw injustice clearly and acted decisively against it, saw truth clearly and acted decisively for it. He succeeded in conjoining his practice with his beliefs, making of the law not simply his profession but his vocation. And in the end, even as he recognized the limits of traditional legal processes, he discovered the great dynamic within the law that converts civil disobedience into social change.

      

      CHOOSING A VOCATION

      The choice of career, like the choice of marriage, was not Gandhi’s to make. Just as his marriage at age thirteen to Kasturba was arranged for him, so, too, was the decision to study law the product of family forces other than his own will. Gandhi’s father, Karamchand Gandhi, had met with some success in ascending to positions of high bureaucratic power, serving as prime minister of the small dominions of Porbandar, Rajkot, and Vankaner. While Karamchand’s political career failed to make his family wealthy, neither did the family want for the basics of life. Theirs was a day-to-day stability. Karamchand’s health, however, worsened as a result of age and accident, and eventually he was forced to give up his career in government. When he passed away, he did not leave the family anything on which to live. None of Gandhi’s three older siblings had the prospects required to carry the family. Accordingly, the burden settled on the shoulders of young Mohandas Karamchand Gandhi.

      After completing high school, Gandhi passed the Bombay University matriculation examination and took up his studies at Samaldas College in Bhavnagar in 1887. He wasn’t much of a student, being both uninterested in and unable to follow his professors’ lectures. Compounding the difficulty he had with his studies were his physical problems. Gandhi complained of constant headaches and nosebleeds due, some conjectured, to the hot climate. Gandhi’s summer vacation from Samaldas could not come too soon. In late April 1888, at the start of his vacation, Gandhi and his oldest brother, Lakshmidas, decided to visit a friend of the family, the Brahmin Mavji Dave. On hearing Gandhi’s complaints about college, including his prediction that he would fail his first-year examination, Mavji suggested that Gandhi be sent to England to study for the bar. This, he thought, would prepare Gandhi to reclaim his father’s position and income in much better fashion than would the pursuit of an ordinary college degree. The calculus being made at this time did not involve altruistic concerns. The naked purpose of providing young Gandhi a legal education was to guarantee an income for the family. It is not surprising, then, that when Gandhi was asked in 1891 why he had come to England to study the law, his forthright reply was “ambition.”

      There are no reports indicating just what Gandhi thought at this time of what a life in the law meant, if he gave any thought to it at all. Indeed, there are no reports indicating any resistance on Gandhi’s part to the idea of training in the law, except his timid inquiry whether he could be sent to study his first love, medicine, instead of law, a proposal which was quickly discarded in the wake of his brother’s declaration that it was their father’s wish that Mohandas become a lawyer, not a physician. Thus it appears that Gandhi accepted the choice of profession made for him with little more objection than that he voiced to the choice of a wife his family made for him.

      Regardless of the little thought Gandhi himself may have given to studying the law or being a barrister, we do know that he relished the prospect of three years in England. Perhaps this is what motivated him to overcome four serious obstacles to his studying law there: the lack of any means to finance his legal education overseas, the concerns of his wife’s family, the uncertainty of his mother, and the opposition of his caste.

      OVERCOMING OBSTACLES

      Lakshmidas assumed the task of obtaining financing. His first attempt at securing the necessary funds was to send Gandhi off to beseech Frederick Lely, the British administrator of Porbandar state, for governmental assistance. The Gandhis hoped that their reputation with Lely, established by the late Karamchand, would lead Lely to open the state coffers. After a four-day journey to Porbandar and after elaborately rehearsing his request, Gandhi was startled when his request was dismissed out-of-hand. Lely brusquely advised him to secure his B.A. before attempting the study of law, after which Lely would consider granting some aid. Gandhi then turned to his cousin Parmanandbhai, who promised his financial support, as did Meghjibhai, another cousin. Despite their promises, there is no evidence that either of these cousins aided Gandhi; indeed Meghjibhai is on record as later angrily denying Gandhi any help. Two additional governmental representatives whom Gandhi approached were as unhelpful as Lely. Other than some small amounts of money and a silver chain that some of his friends gave him on his departure from Bombay, it appears that Gandhi received no financial help from any of his friends, extended family, or governmental officials. If Gandhi was to go to London, it would be by exhausting what capital remained with his immediate family after the death of Karamchand.

      Money, however, was the least-complicated of Gandhi’s problems. He was married to Kasturba, the daughter of the merchant Seth Gokaldas Makanji of Porbandar—an arrangement put together according to Indian custom by the families of the children. Now here was the eighteen-year-old Kasturba, pregnant with the couple’s child,2 about to be abandoned for three years by her husband. This did not sit well with Kasturba’s parents. Gandhi spent many hours convincing them of the wisdom of his intentions and reassuring them that Lakshmidas would look after Kasturba. Speaking of the difficult project of winning over Kasturba’s parents to his plan, Gandhi later said, “Patience and perseverance overcome mountains.”

      But an even more difficult task lay ahead—obtaining the blessing of Gandhi’s mother, Putli Ba. Naturally, she had the reluctance any mother would to bid adieu to her youngest child.3 Perhaps as an expression of this fear, but more likely as an expression of genuine spiritual concern, Putli Ba, a devout Hindu, worried that her son would surrender his Hindu practices to the English appetite for the forbidden pleasures of wine and meat. Indeed, there was an idea abroad at this time in India that wine and meat were actually necessary for survival in the English climate. Determined to go to England, Gandhi devised two ways of dealing with his mother’s concerns. First, by his own admission, he exaggerated the benefits of his English sojourn. Second, to quiet her concerns about his moral purity, he secured the services of Becharji Swami, a Jain monk and a family advisor, to administer an oath to him that he would refrain from wine, meat, and for good measure, women. With these steps reassuring Putli Ba, she granted her permission.

      Even with his immediate family in the fold, however, Gandhi’s plan was controversial. To make his way to London, he needed to travel from Rajkot to Bombay, where he would board a steamer for England. Bombay was even more populated by members of his caste than his hometown. This was unfortunate for Gandhi; there was heated resistance on the part of his caste to the notion of any of their members going abroad. A series of incidents in which Gandhi was peppered with harassment on the streets of Bombay for his intentions was followed by an even more dramatic public confrontation.

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