Gandhi accused the lawyers of giving legitimacy to the accusation against the Indians that “they love quarrels and courts like fish love water.” Gandhi also condemned them for their tacit support for British colonial rule. Gandhi remained a sharp critic of Indian courts and lawyers in his writings and public speeches. He believed that India`s judicial system rewarded the rich and exacerbated the misery of the poor. Nevertheless, it would ask lawyers to place “truth and service” above the benefits of the profession. He advised lawyers to draft their applications in plain language. “Lawyers are men who don`t have much to do. Lazy people, in order to indulge in luxury, embrace such professions. It is the lawyers who have discovered that their profession is honourable. They formulate laws as they formulate their own praises. They decide what fees they charge, and they set aside so much that the poor think they are almost born heavenly,” he adds.
Mahatma Gandhi wrote: “I left India for South Africa in April 1893. I had no idea about the history of Indian emigrants. I was there for a purely professional visit. A well-known company of Porbandar Memans then traded in Durban under the name and style of Dada Abdulla. An equally well-known and competing company listed in Pretoria under the name Taib Haji Khanmamad. Unfortunately, a major legal dispute between the rivals was ongoing. A partner of the Dada Abdulla company, who lived in Porbandar, thought it would help their case if they hired me and sent me to South Africa. I had just been called to the bar and I was a newcomer to the profession, but he was not afraid that I would treat his case badly, because he did not want me to take the case to court, but only to instruct the competent South African lawyers who had kept it.
I liked the new experiences. I loved seeing the fresh fields and pastures in a new way. It was disgusting to have to give a mission to those who brought me work. The atmosphere of intrigue in Saurashtra stifled me. The appointment was valid for one year only. I had no objection to accepting it. I had nothing to lose when Mr Dada Abdulla expressed their willingness to cover my travel expenses, as well as the expenses that would be incurred in South Africa, and an honorarium of one hundred and five pounds. This arrangement had been made by my older brother, who had since passed away and was the father to me. To me, His will was a commandment.
He liked the idea of me going to South Africa. So I reached Durban in May 1893. As a lawyer, I was well dressed according to my lights and found myself in Durban with an appropriate sense of importance. But I soon became disillusioned. Dada Abdulla`s partner, who had hired me, had given me a report on how things were going in Natal. But what I saw there with my own eyes absolutely belied his misleading image. However, my informant was not to blame. He was an open and simple man who did not know the true situation of things.
He had no idea of the difficulties faced by the Indians of Natal. Conditions involving serious insult did not appear to him in that light. I observed from day one that the Europeans treated the Indians in the most offensive way. I will not describe my bitter experience in court in the two weeks following my arrival, the difficulties I encountered on trains, the beatings I received along the way, and the difficulty and practical impossibility of finding accommodation in hotels. Suffice it to say that all these experiences have been lost in me. I had only been there for one case, which was caused by self-interest and curiosity. So, the first year, I was only a witness and a victim of this injustice. Then I woke up with a sense of duty. I saw that South Africa was not good for me from the point of view of self-interest. Not only did I not want to, but I also had a positive aversion to making money or being in a country where I was insulted. I was faced with a dilemma. Two courses were open to me.
I could either release myself from the contract with M. Dada Abdulla, because I had become aware of circumstances that had not been communicated to me before, namely to return to India. Or I endure all the trials and fulfill my commitment. I was pushed off the train by a policeman in Maritzburg, and the departing train was sitting in the waiting room, shivering in the freezing cold. I didn`t know where my luggage was and I didn`t dare to inquire about anyone so I wouldn`t be insulted and attacked again. Sleep was out of the question. Doubts took possession of my mind. Late at night, I came to the conclusion that it would be cowardly to return to India.
I have to realize what I decided to do. I have to arrive in Pretoria without worrying about insults and even assaults. Pretoria was my destination. The case was fought there. I decided to take a few steps if possible, in parallel with my work. This resolution calmed me down and strengthened me somewhat, but I did not sleep. The next morning, I phoned Dada Abdulla`s company and the general manager of the railway. The answers came from Dada Abdulla and her partner Sheth Abdulla Haji Adam Jhaveri, who was in Natal at the time, took strong action. They wired their Indian agents to different places to take care of me.
They also saw the general manager. The Indian merchants of Maritzburg came to see me in reply to the telegram received by the local agent. They tried to comfort me and told me that they had all had the same bitter experiences as me, but they were not bothered by such things because they had gotten used to it.
