‘What is the meaning of the word “wife?”’ The impact of the immigration laws on the wives of resident Indians in South Africa 1897–1930

Abstract

This paper maps out the shifting and restrictive nature of immigration laws on the wives of resident Indians moving to South Africa. The turn of the century witnessed a gradual entry of women seeking to join their spouses in South Africa. However, on arrival some discovered that they were ‘prohibited’ immigrants, as Indian customary marriages came under intense scrutiny from immigration officials, Appeal Boards and courts. This paper argues that immigration and judicial officials, at times, became a law unto themselves by becoming official gatekeepers determining who was really a ‘wife’ and who could therefore enter the country. It shows how immigration officials, through a system of documentation and verification procedures, carefully scrutinised and monitored the entry of resident Indian wives into the Union. Thus, ‘what is the meaning of the word “wife”’ became a highly contested and complex issue at the turn of the century. The shifting and restrictive nature of immigration laws limited citizenship rights to resident Indian wives. This article adds to current debates on gender and citizenship in historical migrations amongst non-indentured, free Indian women immigrants to South Africa – a topic that is yet to be fully explored.

Keywords:

• Indian immigrant women
• diaspora
• wife
• polygamy
• citizenship
• Africa

Acknowledgements

Any opinion, findings or recommendations expressed in this material are those of the author and the NRF does not accept any liability in this regard.

Disclosure statement

No potential conflict of interest was reported by the author.

Correction Statement

This article has been corrected with minor changes. These changes do not impact the academic content of the article.

Notes

1 Free Indian population refers to both passenger and ex-indentured labourers.

2 A domicile person is defined by the Act as follows: the place in which the person resides, or to which he returns, as his place of present permanent abode, and not for a mere special or temporary residence. A person must reside for at least three years before he acquired permanent residency (KCAL, IIAB, File 1, KCM 99/53/1).

3 Indian Opinion was an Indian newspaper established in 1903 in Natal, South Africa. Gandhi, Madanjit Viyavaharik and Mansukhlal Hiralal Nazar were founding members of this newspaper. It became an important mouthpiece of the Indian community in South Africa, in particular the ‘passenger’ Indian group, articulating the challenges and constraints they experienced as immigrants. It provides detailed accounts of trading and immigration hardships, press releases on Indian political resistance as well as uplifting articles on religious and moral issues (Mesthrie Shashikant 1997, 99–126).

4 South Africa British Indian Committee established in 1906 in London which campaigned for fair and just treatment of British Indian settled in South Africa.

Additional information

Funding

This work is based on research supported by the National Research Foundation (NRF) of South Africa.

Notes on contributors

Kalpana Hiralal

Kalpana Hiralal is an associate professor in the School of Social Sciences at Howard College at the University of KwaZulu-Natal, South Africa. She teaches both undergraduate and graduate level modules on global history, women, gender and politics and culture and tourism. Her PhD dissertation focused on the South Asian Diaspora to Africa in the context of settlement, trade and identity formation. Her most recent book publications are: Satyagraha, Passive Resistance and its Legacy (Manohar 2015), Global Hindu Diaspora Historical and Contemporary Perspectives (Manohar 2016) and Pioneers of Satyagraha Indian South African Defy Racist Laws 1907–1914 (Navajivan 2017).