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Five years of rectitude

18 octobre 2004, 20:00

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When Manilal Doctor alighted on Mauritian shores in 1907, Indian labourers had little or no importance in the eyes of the courts. Indeed, even the “Protectors of Immigrants” who had been nominated by the government to represent the interests of the latter were, more often than not, the lackeys of sugar estate owners. By the time he left the country, in 1911, he had instilled a sense of entitlement to equal treatment not simply amongst the workers but amongst some important actors of the judiciary.

Whilst not necessarily shedding new light on the young Indian barrister’s personality, Pahlad Ramsurrun’s, Manilal Doctor – Historic Court Cases in Mauritius, makes optimal use of some very informed and informative sources to offer valuable little glimpses into the psyches that predominated amongst the different levels of society.

Manilal Doctor was born in Baroda in 1881 and studied law at Bombay University. After travelling extensively in France, England and the US, he heeded his mentor’s request to practise in Mauritius where the latter had witnessed the abysmal living conditions in which Indian migrant workers lived.

His mentor, who was none other than the great and iconic Mohandas K. Gandhi, had spent 18 days on the island in 1901 and had been shocked by the health, sanitation, accommodation and communication facilities or lack thereof. Gandhi’s philosophy of Satya-graha or passive resistance was to greatly influence Manilal Doctor’s actions and helped elevate him to the role of undisputed champion of the downtrodden and challenger of the status quo.

On arriving here, the barrister established a practice in Port-Louis and, amazingly, went nine months without handling a major case. His first seminal victory led to the courts allowing the wearing of oriental headgear in their premises which hitherto had been deemed “unacceptable”.

The Planters and Commercial Gazette published a letter written by Manilal Doctor explaining the crux of the issue: “I advised my countrymen to bear in mind that the oriental custom and etiquette has as much right to be respected as the Oriental or European. If, through sheer ignorance, obstinacy or prejudice, any of the latter refuses to respect us or our customs, we have a right to vindicate them by all lawful means. An Indian is not less courteous when he salutes with a salaam or a bow than a Christian who takes off his hat; probably the former is more courteous, if at all. His Majesty King Edward VII would not allow an Indian to be presented to him without the Indian turban. He not only respects the custom of India but insists upon its observance.”

The book, which concentrates mainly on four events, namely the Wearing of head gear in Court, the outbreak of the Labourdonnais Unrest, the Rosalie-Circonstance murder case and the Manilal Doctor murder case, is particularly relevant in the light of the corruption scandals that have recently rocked the Mauritian judiciary, in a way cancer contaminates a healthy body. Manilal Doctor’s dedication to the oppressed should be compulsory reading for all those who earn a living in this branch of government that has suffered greatly from the erosion of public trust in its mechanisms and intentions. After all, a country with a corrupt judiciary is condemned to be corrupt at all levels.

Influence on modern judiciary

Pahlad Ramsurrun’s work makes ample use of extracts from newspapers such as Le Petit Journal, Le Radical and The Planters and Commercial Gazette to illustrate the dystopia that was the judicial system of the time. Not only were its mechanisms skewed against immigrant workers, but the latter were also greatly handicapped by illiteracy, fear and language barriers. The book draws heavily on the work of established historians, such as Hugh Tinker and Somdath Buckhory, especially in the introductions to each chapter. These contributions to a wonderful job of setting the tone for each case.

The Historic Court Cases of Mauritius is written in a limpid journalistic style and, although the admiration that the author bears for his subject is obvious and pervades the book throughout, it draws an accurate portrait of the epoch. This book is essential reading for anyone who is interested in understanding the cases that not only influenced the workings of the judiciary but, indeed, modern Mauritius as a whole.

In her memoirs, Anastasia, the sister of the great Russian poet Marina Tsetaeva, recalls the last words of her tuberculosis-stricken mother to her children, “Live according to the truth, my children, live according to the truth!”. During his relatively short stay here, Manilal Doctor taught us to do just that. It’s a pity and a disaster that those who are now entrusted with using the truth as a weapon of justice now prefer, by far, the allure of currency.

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