Sunday 31 May 2020

THE WOMEN IN AMBEDKAR'S LIFE

He Had a British Lover Too

"You have not cared to inquire into my past," BR Ambedkar wrote to his fiancée Sharda Kabir in February 1948. "But it will be available to you at any time in the pages of many Marathi magazines." Thus, in a terse statement, the towering leader of the untouchables dismissed his private preoccupations, almost like an afterthought, and put a premium on the recorded instances of his biography in the public domain. 

File:Dr Babasaheb Ambedkar smiling in a 1952, on his way to Columbia University to pick up an honorary degree.jpg
Ambedkar,1952.On his way to Columbia University

The rebuffs and slights never did cease, even at the height of his public eminence. In 1945, visiting Puri as the Labour Member of the Viceroy’s Council, he was refused admittance to the Jagannath temple, and, in Calcutta, the same year, was boycotted by servants at a home to which he had been invited. The fusion of his public and private lives could also occur in some amazing ways: in another letter of February 1948, he complained to his intended brahmin bride about how the passage of the Hindu Law of Marriage Bill was held up by a packed legislative calendar. The delay grieved him — the bridegroom-to-be, who would have loved to be married under its provisions, as much as the Law Minister in charge of steering the new Bill through parliament. Wearing both hats, he proceeded to guide her through the salient points of the Civil Marriage Act — the fallback law that would apply to their case.

Savita Bhimrao Ambedkar or Sharada Kabir (1909 – 2003), was a doctor and the second wife of Babasaheb Ambedkar, the father of the Indian Constitution.

In Ambedkar's various movements, during the writing of the books, Indian Constitution and Hindu code bills and Buddhist mass conversion, she helped him from time to time.  Ambedkar credited her in the preface of his book The Buddha and His Dhamma for extending his life for eight-ten years.

Savita

Savita was born in Bombay in a Marathi Brahmin family. Her birth name was Sharada Kabir. Her mother was Janaki and her father was Krishnarao Vinayak Kabir. Her family were a resident of Doors village, located in Rajapur of Ratnagiri district, Maharashtra. Later, her father came from Ratnagiri to Bombay. On Sir Rao Bahadur C. K. Bole Road, near the pigeon in the west of Dadar, the Kabir family rented Sahru's house in Matruchaya.

Sharda was a brilliant student. Her early education was completed in Pune. Around 1937 she did MBBS from Grant Medical College, Bombay. When her studies were completed, she was appointed as the first-class medical officer in a major hospital in Gujarat. After a few months of illness, she left her job and returned home. Her six of eight siblings had inter-caste marriages. Those days it was an extraordinary thing for Marathi Brahmins. Savita said, "Our family did not oppose inter-caste marriages, because the whole family was educated and progressive."

At  Vile Parle, Dr S.M. Rao had close links with Ambedkar. When Ambedkar came from Delhi to Bombay, he often used to visit the doctor. Sharda Kabir also used to visit Dr Rao's house as she had a family relationship with him. One day both met at Rao's home.

Ambedkar was then the Labour Minister in the Viceroy's Executive Council. Sharda did not know much about Ambedkar, except that he is in Viceroy Council. Sharada was impressed with Ambedkar's stunning personality.

The second meeting took place in the Advice Room of Dr Mavalankar. Ambedkar had blood pressure, blood sugar and joint pain at that time. In 1947, during the writing of the Indian Constitution,  Ambedkar got health-related problems due to diabetes and high blood pressure. He did not sleep. having neuropathic pain in the legs,; insulin and some homoeopathic medicines could provide relief to some extent. He went to Bombay for treatment. Sharada came closer to Ambedkar during treatment.

Ambedkar's first wife, Ramabai, died in 1935 after a long illness. Meetings continued and Ambedkar exchanged letters with Sharda.  There was talk of literature, society, and religion. Sometimes they also debated. In 1947, Ambedkar started worrying about his health. There must be someone to take care. In a letter to Dadasaheb Gaikwad on 16 March 1948, Ambedkar wrote, "To keep a woman nurse or to take care of the house for service, there will be doubts in people's mind, so marriage is a better way. After the death of Yashwant's mother (Ramabai), I had decided not to marry, but in today's situation, I will have to give up my decision." Ambedkar and Sharda Kabir decided to get married.

On 15 April 1948, when they became a couple, she was 39 and he was 57. After their marriage, she was popularly called "Mai" (mother) by his followers. As Registrar for marriage, Rameshwar Dayal, Deputy Commissioner, was called into Delhi. It was completed as a Civil Marriage under the Civil Marriage Act. Among those who attended the occasion were Rai Sahab Puran Chand,  Macy (Private Secretary), Neelkanth, Ramkrishna Chandiwala, Estate Officer Meshram, nephew of Chitre, his wife, Sharda Kabir's brother, and Home Secretary Banerjee. The then governor-general of India, C. Rajagopalachari, invited them for a Sneh Bhoj and greeted them. Sharda adopted the name Savita. Ambedkar used to call her, "Shārū".

On Ashok Vijaya Dashami (The Day on which Buddhism was accepted by Emperor Ashoka ) 14 October 1956, Savita accepted Buddhism along with her husband in Deekshabhoomi, Nagpur. She was given the initiation of Buddha's Dhamma by the Burmese Bhikkhu Mahastavir Chandramani giving Three Jewels and Five precepts. After this, Ambedkar himself initiated his followers to Buddhism. Savita Ambedkar became the first woman to accept Buddhism in this movement.

Many people from Delhi came to meet  Ambedkar at 26, Alipur Road when he was sick. It wasn't possible that everyone will get a glimpse. Savita had to perform the dual duties of a wife and doctor. 
Ambedkar's health was steadily getting worse. She continued her care with full devotion till he breathed his last. After Ambedkar's death, his close friends and followers removed Ambedkar's acknowledgement of her help, from the book, Buddha and his DhammaAfter the death, some Ambedkarites blamed Savita for killing him. Rumours were spread that she had been giving slow poison.

The irony is that the people who are fighting against the caste system are becoming casteists. If Brahmin women refuse to marry Dalits, you would say it is casteism. If she does then you would say it is a conspiracy.

Ambedkar was already suffering from diabetes and ill health before marrying Savita. His health was deteriorating because of the heavy work and responsibilities on him. He was organising Dalits throughout the country. He has been involved in research-orientated works and publishing books. His economical condition was also not good. In his busy schedule, he didn't have time to take care of his health. Even Mrs Rama bai died of illness.

Savita knew the health conditions of Ambedkar before marrying. Since 1955 Ambedkar's health deteriorated further and faster. On medical advice, his teeth had been extracted long before. While getting up and moving about in the house he would require support. He had also trouble to breathe. An oxygen cylinder was purchased and he was given oxygen off and on But this was kept secret as Ambedkar feared that his followers would take fright at this news. Later he was given oxygen twice a week. In winter his body was given warmth by a heating apparatus. Sometimes he was also given an electric bath. Western type of food was also tried for his health but it was not to his taste and the arrangements for having such food prepared for him had to be discontinued.

After Ambedkar's death, thus Savita was separated from the Ambedkarite movement by vested interests by describing her as a Brahmin. She left for his farmhouse in Mehrauli in Delhi. Till 1972, she lived there. The then Prime Minister Jawaharlal Nehru formed a committee to investigate the matter, and that committee released her from the charges after the investigation.


After the demise of Babasaheb, when Nehru and Indira Gandhi offered Savita a Rajya Sabha seat, while they were Prime Ministers, she adhered to her husband's principle, rejecting the offer thrice.

Republican Party of India leaders Ramdas Athavale and Gangadhar Gadhe returned her to the mainstream Ambedkarite movement. The young activists of the Dalit Panthers movement treated Mai with respect. Again, she got separated from them. The posthumous Bharat Ratna for Ambedkar was received by Savita from President R Venkataraman on 14 April 1990.

She died in Mumbai on 29 May 2003.

The British lover

Savita was not the only love in Ambedkar's life. He had a British lover, Frances 'Fanny" Fitzgerald. During 1923-1943 the two had exchanged between them 91 letters. Dr Ambedkar’s personal librarian S S Rege had handed over the letters to Prof Arun Kamble.

Frances worked as a typist in Britain’s House of Commons and India House in London.

Frances, the Irish widow and mother of two, sheltered Ambedkar during his years in London. History preserves her offertory of red-lipped kisses. 

Ambedkar himself did not shy away from acknowledging his relationship with 'F', as he referred to her. One of his most serious works, What Congress and Gandhi Have Done to the Untouchables (1945), a trenchant critique of Gandhi and the Congress, is prefaced by a long dedication which ends: "To F., In Thy Presence is the Fullness of Joy." 

In 1921, the 30-year-old Bhim Rao resumed his doctoral studies at the London School of Economics and pursued Law at Grays Inn. Dependent on financial assistance, he lived the first year very frugally. His lodging was a room in a house in the Primrose Hill area of northwest London. It is this 2,050 sq ft three-storey six-bedroom house with a terrace that the Maharashtra government acquired in 2015 for close to Rs 40 crore.

What Ambedkar biographers know already is that the two met at the British Museum in 1920. In July 1920, he left for London with a loan from Shahu Maharaj to complete his studies. According to his biographer Dhananjay Keer, Ambedkar had to go to work with little food; "the keeper of the boarding house was a harsh and terrible lady". He moved from this to another boarding house, apparently that of Frances or her mother. After Ambedkar's return to India, Frances began corresponding with him in 1923, addressing him often as 'My darling Bhim'. She was instrumental in shipping a lot of books to Ambedkar and in sourcing material from the India Office library.

What is evident from a letter published in Khairmode's biography is that Ambedkar had suppressed his marriage to Ramabai from Frances. In 1905, Ambedkar, then 14, was married to nine-year-old Ramabai (who died in May 1935). Expressing concern over Ambedkar overworking himself, Frances wrote on March 11, 1925: "It is not as if you had a wife and family depending on you." Ambedkar chose to make this letter public in his own lifetime.

In 1923, when Ambedkar returned to India, Frances began writing to him; they stayed in touch until 1943 when her plans to come to India were disrupted. She was denied a visa because of "the political situation".

Having declared in 1936 that he was born a Hindu but shall not die one, Ambedkar had faced bitter criticism from the pro-Congress press of the time. There were even news reports in January 1937 that Ambedkar was to return from England having "secretly married an English widow." Ambedkar, of course, never married Frances, who died in 1945.

Ramabai Ambedkar - wife of Dr. Babasaheb Ambedkar.jpg
Ramabai

Ambedkar married his first wife Ramabai ( 1898-1935 ) in 1908 in a very simple ceremony in the vegetable market of Byculla, Mumbai. At the time, Babasaheb Ambedkar was aged 15 and Ramabai was nine. His affectionate name for her was "Rāmu", while she called him "Saheb".They had five children – Yashwant, Gangadhar, Ramesh, Indu (daughter) and Rajratna. Apart from Yashwant (1912–1977), the other four died in their childhood.

Ramabai was born in a poor family to Bhiku Dhatre (Valangkar) and Rukmini. She lived with her three sisters and a brother, Shankar Dhutre, in the Mahapura locality within the village of Vanand near. Her father earned his livelihood by carrying baskets of fish from Dabhol Harbour to the market. Her mother died when she was young and, after her father also died, her uncles Valangkar and Govindpurkar took the children to Bombay to live with them in the Byculla market.

Ambedkar married Ramabai, soon after he cleared the matriculation examination. He was a student at Elphinstone High School at the time. Ambedkar’s father Ramji Subedar had settled his son’s marriage with Ramabai. The wedding ceremony was held at the Byculla Bazar (Machhli Bazar) of Bombay. The groom’s family assembled at one corner of the market and the bride’s at another. Filthy water was gushing down a drain near the platform on which the rituals were performed. Ramabai was the youngest daughter of her parents, who had died when she was a child. Her father Bhikku Dhutre (Valangkar) had been from Vanand village near Dabhol and worked as a porter at the Dabhol port. She and her brothers and sisters were brought up by their relatives. Her brother’s name was Shankar Dhutre. (Dhananjay Keer, 2018, p 23).

Ramabai’s maiden name was Ramibai. After marriage, she was renamed Ramabai. Ambedkar’s followers addressed her as “Ramayee”.

Though Ambedkar and Ramabai married in 1908, they actually started living a married life only in 1917, after his return to Bombay from London. It was an occasion for celebration. Ramabai thought that her pain and miseries would soon end. Her Saheb would get a job, earn money and everyone would live happily. She hoped that they would have more children (the first child Gangadhar had died by then) and lead a happy, contented and prosperous life (Khairmode, 2016, p 112).

Testing times frequently visited the Ambedkar couple. The first time they found themselves in trouble was when Ambedkar went to London for the second time in 1920 to complete his studies. Before leaving, he left some cash with Ramabai for the household expenses but that did not last long and she had to manage with the meagre earnings of her brother Shankarrao and younger sister Meerabai. They could barely bring home 8-10 annas (50-60 paise) a day by doing odd jobs. She used the money for buying provisions and tried to somehow fill the stomachs of the family members. Those were difficult times for her. There were days on which they had to sleep on empty stomachs (Vasant Moon, 1991, p 25).

While Ramabai was struggling to arrange two square meals a day for the family in India, Ambedkar was no better off in faraway London. Ramabai wrote to him, describing the pitiful economic condition of the family. Ambedkar replied to her in these words:

London, 25 November 1921
Dear Ramu,
Namaste
Received your letter. I was pained to know that Gangadhar [Ambedkar’s eldest son] is ill. Have faith in yourself. Worry would lead to nothing. I am happy to learn that your studies are continuing. I am trying to arrange some money. I am also on the verge of starvation here. I have nothing to send to you but I am trying to arrange something. If it takes time or if you are left with nothing, sell off your jewellery to run the household. I will get new ornaments made for you. How are the studies of Yashwant and Mukund going? You have not written anything about it.
My health is fine. Don’t worry. I am pursuing my studies. I know nothing about Sakhu and Manjula. When you get the money, buy one sari each for Manjula and Laxmi. How is Shankar doing? How is Gajra?
Best to everyone
Bhimarao (Anil Shahare, 2014, p 57)

AMBEDKAR_3035374b_4771

Ambedkar was disappointed that he had to quit his studies midway and return to Bombay from London. His happiness over his reunion with the family was clouded by this disappointment. Hence, after around two and half years with Rambai in Bombay, Ambedkar left for London in 1920 to complete his studies. Ambedkar’s departure to London brought fresh trouble for Ramabai. This is evident from Ambedkar’s above reply to the letter of Ramabai. He returned to India in 1923 and their life was back on the rails. But Ambedkar got sucked deeper and deeper into socio-political movements and could hardly spend time with Ramabai.

How the two of them sacrificed their personal happiness and peace on the altar of social work was described by Ambedkar in an editorial on 3 February 1928 in Bahishkrit Bharat thus: “This writer [Ambedkar], who wrote 24 columns for Bahishkrit Bharat for a year for spreading social awareness without getting a penny in return and who, while doing this, did not care about his health, happiness and peace – she (Ramabai) made him the cynosure of her eyes. That is not all. When this writer was abroad, she carried the burden of the family on her shoulders and still does that. Even after this writer was back from overseas, she did not flinch in carrying basketfuls of cow dung on her head during periods of financial distress. And this writer could not find even half an hour in 24 hours for this extremely affectionate, amiable and venerable wife” (Prabhakar Gajbhiye, 2017, p 152).

This editorial was written to mark the completion of one year of the publication of the newspaper, titled, “Is Bahishkrit Bharat’s debt, not public debt?”

Ramabai and Ambedkar were dealt one cruel blow after another when they lost their three sons and a daughter. His son Gangadhar died when he was studying in America. Later, Yashwant was born, followed by Ramesh, Indu and Rajratna. The latter three also passed away. The loss of their four children left Ramabai and Ambedkar heartbroken. It looked like the family of Karl Marx, who has lost his children one by one in poverty. Ambedkar shared his pain in a letter to his friend Dattoba Pawar with heart-wrenching words: 

“We [Ramabai and Ambedkar] will not be able to get over the shock of the death of our last son soon. These hands have delivered three sons and one daughter to the cremation ground. Whenever I remember them, my heart aches. What we had thought about their future lies in ruins. Clouds of pain are hovering over our life. The death of the children has made our lives as tasteless as food without salt. The Bible says, “You are the salt of the earth, but if the salt has lost its flavour, with what will it be salted?” The vacuum in my life testifies to the truth of this statement. My last son was extraordinary. I am yet to see a child like that. His departure from this world has made my life like a garden full of thorns. I am so despaired and distressed that I cannot write anymore. Accept salutations from your friend in deep agony” (Anil Shahare, 2014, p 70).

UK's Ambedkar home set to lose museum as residents complain about ...
Home in London where Ambedkar stayed

Ramabai died on 27 May 1935 at Rajgruha in Hindu Colony, Dadar, Bombay, after a prolonged illness.

After Ambedkar’s return to India, the economic condition of the family improved. But Ramabai’s health started deteriorating. Ambedkar’s biographer Dhananjay Keer writes:

“Ramabai was ill. Ambedkar had not found time to look after his family for almost 10 years. He once took Ramabai to Dharwad for a change of air. But there was no improvement in her health … Babasaheb did all he could to bring about an improvement in her condition” (Dhananjay Keer, 2018, p 237).

But medicines simply did not work and Ramabai’s health continued to deteriorate. She became exceedingly weak and was confined to the bed for six months before her death.

She often had to starve in the initial years of her marital life, and that had broken her body. The death of four children had broken her heart. On 27 May 1935, Saheb’s Ramu bid farewell. Ambedkar had returned home the night before her death. He was by her side when she died. A morose Ambedkar, with his heart heavy with sorrow, walked haltingly with the funeral procession. After returning from the funeral ground, he locked himself up in a room. He cried like a child for a week after Ramabai’s death (Dhananjay Keer, 2018, p 239).

She had been married to Ambedkar for 29 years. Ambedkar's book, Thoughts on Pakistan, published in 1941, was dedicated to Ramabai. In the preface, Ambedkar credits her with his transformation from an ordinary Bhiva or Bhima to Dr Ambedkar. The dedication read:


“Inscribed to the memory of Ramu

As a token of my appreciation of her goodness of heart, her nobility of mind and her purity of character and also for the cool fortitude and readiness to suffer along with me which she showed in those friendless days of want and worries which fell to our lot.”

Ambedkar said her support was instrumental in helping him pursue his higher education and his true potential. She has been the subject of a number of biographical movies and books. A number of landmarks across India have been named after her.

In Ambedkar: The Attendant Details (Navayana, ₹295), editor Salim Yusufji employs a rare combination of scholarship and sensitivity to paint a portrait of the mass leader as a man who was as vulnerable and bitter as anyone else, though, of course, redeemed by the extraordinary genius and fortitude that made him who he is.

 
Dhamma Diksha ceremony, Nagpur,14 October 1956

As the "ephemera of his life" keep flowing in, Ambedkar steps out of the aura of sainthood bestowed on him by history — revealing blind spots, prejudices, a mercurial temper and often fragile humanity.

The adulation Ambedkar got from the poor was extraordinary. On a visit to Nagpur in 1942, for instance, a group of "women in tattered saris" accosted him with garlands of marigolds. They had sold extra bundles of firewood and grass to be able to afford their modest gifts. An emotional Ambedkar recounted to them his own early years, spent in need and misery, promising to do his utmost to uplift the lives of their children. "If I cannot do this, I will take my own life with a gun," he said.

His message to the lower castes, however, was one of unequivocal rebellion among the ranks. Ambedkar urged them to not do the menial tasks they did (and continue to do in some parts of India even decades after him) for a paltry sum. "Stop eating the flesh of dead cattle to quiet the fire in your stomach. Stop cleaning the dirt of the village," he thundered at them. "For so long we have cleared the dirt, now let the one who creates the dirt learn to clean it."

In an essay, writer Mulk Raj Anand remembers Ambedkar telling him about his preference for the Buddhist greeting Om Mani Padmaye ("May the lotuses awake") over namaskar, with its casteist Hindu connotations.

Ambedkar with Savita, 1948

Always impeccably dressed in Western attire in stark contrast to other national leaders who usually donned swadeshi clothes, Ambedkar advocated spending half of one's salary on buying books. By the end of his life, he could have made several lakh rupees by selling his collection, but instead, chose to donate the entire holdings to the college he had helped establish in Bombay.

Kartar Singh 'Polonius' recalls being told by Ambedkar about the three books that made him weep — Life of Tolstoy, which he also recommended to his fiancée Sharda Kabir during their courtship as an example of the portrait of an unhappy marriage; Victor Hugo's Les Miserables; and Thomas Hardy's Far From the Madding Crowd. No less was Ambedkar's enthusiasm for newspapers, which he read every day thoroughly and filed away stories from in folders over the decades.

The essay,' Waiting for a Visa' was the closest he came to writing directly about his life, going back to the trials of growing up as a Mahar in rural Maharashtra. In a singularly heartrending episode, Ambedkar describes a journey he undertook with his siblings to meet their father, only to be refused shelter and water by most along the way for their untouchable caste. 

Much later in life, after several years of education in England and America where he felt no discrimination due to his caste when he returned to India with a PhD from Columbia University, he was suddenly, and shockingly, reminded of his pariah status. He failed to rent lodgings with anyone in Baroda, where he was employed in the service of the Maharaja. Eventually, he stayed at a Parsi inn on false pretences for a few days but was discovered and hounded out. Even his friends, who, like him, had the advantage of foreign education, refused to offer him refuge for fear of inciting a mutiny among their household staff.

Rajagriha, Bombay, February 1934: (L to R) Yashwant, BR Ambedkar, Ramabai, Laxmibai (widow of Ambedkar’s brother, Anandrao), Mukundrao, and (in the foreground) Tobby. The little girl on Laxmibai’s knee is unidentified.
Rajagriha, Bombay, February 1934: (L to R) Yashwant, BR Ambedkar, Ramabai, Laxmibai(widow of Ambedkar’s brother, Anandrao), Mukundrao, and dog Toby

Books were the greatest part of his life and for them, his house in Bombay ‘Rajgriha’ was specially designed and redesigned to suit his liking where he could store his vast collection of books

From 1924 to 1934, his library had become one of the biggest in Bombay.

Later, he had a massive collection of more than 50,000 books and he was the most extensive private collection in India.

Babasaheb was a Pet lover, especially a dog lover. He would bring dogs from the farthest corners of the country. He had kept many dogs in Bombay and Delhi.

In his early years, he also had pet deer.

Babasaheb was so close to a dog named Toby that when he died, Babasaheb mourned for days.

He had a great desire to be a painter so that he could paint a portrait of Lord Buddha.

He had an irresistible fascination to possess big and outsized varied types of fountain pens. Among the best were used by him, including Parker, Sheaffer and Waterman.

He also had a golden pen which was given to him by someone from England, which he kept very carefully. His stationary needs were attended by in Bombay: Thacker and Co. John;
In Delhi: Dhoomimal Dass stationary at Connaught Place.

Babasaheb possessed two cars. One in Bombay served him during his early years attending courts as an advocate and legislative assembly sessions. The second one was in Delhi, which was an old mobile model purchased from Rafi Ahmed Kidwai. It was used to attend parliamentary sessions, Ashok Buddha Vihar. The scheduled Castes Federation (SCF) flag always fluttered on the Bonnet.

On July 22, 1942, when Babasaheb took in-charge as Executive Councillor in New Delhi (Labour Ministry), he was searching for a house, there was no place which could accommodate his vast collection of books. After a lot of searching, he selected 22, Prithviraj Marg, New Delhi.

The watchman of the house said that the big house was a haunted house and had remained untenanted even by the English man for several years. The CPWD engineer also discouraged him.

Babasaheb said that “he had been fighting with all sorts of ghosts and spirits in India since his entry into politics. So, let him have his new experience also into this matter”.

The house was thus repaired and all surroundings were replanted. Rows of flowers blossomed all around.

Sometimes, Babasaheb himself used to flower plants at this house.

-------------------------------------------------
Reference:

Ambedkar, B.R. (2019). Pakistan or the Partition of India in Dr Baba Saheb Ambedkar: Writings and Speeches, Volume 8, Bombay: Government of Maharashtra

Moon, Vasant. Dr Babasaheb Ambedkar, National Book Trust, New Delhi, 1991

Shahare, M.L. and Anil, Nalini, Babasaheb Dr Ambedkar Ki Sangharsh Yatra Evam Sandesh, Samyak Prakashan, New Delhi, 2014

Bahishkrit Bharat mein Prakashit Babasaheb Dr Ambedkar ke Sampadakiye, translation Prabhakar Gajbhiye, Samyak Prakashan, New Delhi, 2017

Keer, Dhananjay, Dr Baba Saheb Ambedkar Jeevan Charit, Popular Prakashan, Mumbai, 2018

Khairmode, Changdeo Bhawanrao, Babasaheb Ambedkar: Jeevan Aur Chintan, Bhaag-1, translation Dr Vimal Kirti, Samyak Prakashan, New Delhi, 2016

© Ramachandran 

Saturday 30 May 2020

WALTER SCOTT AND A BRITISH SURGEON IN KERALA

Hyder Ali and Tipu in the British Novel

Sir Walter Scott had family and friends who had been or were in India while he was writing his novels: their experience was useful to him for three of his novels: The Surgeon's Daughter; Guy Mannering; and St Ronan's Well.

In 1821, Scott wrote: India is ‘the corn chest for Scotland, where we poor gentry must send our youngest sons as we send our black cattle to the South’. Scott’s novella, A Surgeon’s Daughter, is partly set in India and friends serving there helped with details. One of these was Colonel James Fergusson who, after his return from India, in 1823, had settled at Huntlyburn, a house on Scott’s Abbotsford estate. As he approached the end of The Surgeon’s Daughter and the scene shifted from Britain to India, Scott felt he needed Fergusson’s help:

‘I cannot go on with the tale without I could speak a little Hindhanee, a small seasoning of curry powder — Fergusson will do it if I can screw it out of him'.

The problem was that Fergusson was not always there when wanted:

Sir Walter Scott, his Life and Works
Walter Scott
'Colonel Fergusson’s absence is unlucky. So is Maxpopple [Sir William Scott of Raeburn, who owned the farm ‘Maxpoffle’] and half a dozen Qui His besides, willing to write chits, eat Tiffing and vent all their pagan jargon when one does not want to hear it and now that I want a touch of their slang, lo! There is not one near me.'

Ferguson provided some written material that Scott, describing it as ‘highly picturesque’, incorporated directly into his novel.

Family, like brother Robert and cousin James Russell, were in the East India Company; his wife Charlotte received about £40,000 annually (today’s value) from her brother in India; h
is brother Robert died young. His uncle Colonel William Russell of Ashestiel served with both the East India Company and the army in Madras. His cousin James Russell was born in India and served in the Madras Native Cavalry. His brother-in-law Charles Carpenter was a 'commercial resident' at Salem in South India. Many of Scott's childhood neighbours in George Square, Edinburgh, had Indian connections, as did his Border friend and fellow ballad-collector John Leyden.

Walter helped his nephew to an Indian position – but discouraged his sons. His eldest son, Walter Scott (1801-1847) fulfilled Scott’s military ambitions by becoming an accomplished soldier. Scott purchased his son a commission and he joined the army, initially as Cornet before being promoted to Captain and Lieutenant Colonel of the 15th King’s Hussars. He married Jane Jobson in 1825. Walter went to Madras only after his father’s death and died en route home. By the time of his death in 1847, there was no issue, and the Abbotsford estate passed to his eldest sister’s children.

When his other son Charles was offered a place as a lawyer in India, Scott promptly had the offer postponed and ensured that Charles never went, and when the daughters of his dead friend William Erskine planned to go to India, Scott offered only reluctant approval because he could not see any other path for them. Evidently, the experience of so many deaths amongst those he had sponsored to go there had cooled his enthusiasm for India as a place of opportunity.

Typical of Scott’s personal engagement with India include his active involvement in finding friends, the sons of friends and clients' places in India and then promoting their careers with letters to the governing powers. In addition to his nephew (another Walter Scott), he helped his cousin, Patrick Meik, John Leyden, the son of neighbours in the Borders, and the two sons of the poet Allan Cunningham. Amongst gifts of Indian origin, he received from David MacCulloch, formerly a merchant in Bengal, a sword that was claimed to be that of Tipu Sultan. Sadly, his letters also record the deaths in India of Richard Lockhart, his son-in-law’s brother, and of the brothers Hugh and John Scott (sons of Francis Scott of Beechwood and his distant cousins) who died in India within a month of each other, as well as the death on his way back from India of the eldest son of his friend William Adam of Blairadam. Given all this, it is perhaps not surprising that Scott had mixed feelings about India as a destination for Scotland’s sons (and daughters). When his elder son, Walter, hoped to go to India with his regiment Scott opposed it resolutely:

'in the Kings service […] you can get neither experience in your profession nor credit nor wealth nor anything but an obscure death in storming the hill fort of some Rajah with an unpronounceable name […] or if you live it is but to come back 20 years hence a lieutenant or captain with a yellow face a diseased liver and not a rupee in your pocket to comfort you for broken health.'


The Surgeon's Daughter was written between 20 June and 16 September 1827 and published as the third and final tale in Chronicles of the Canongate. 

The main story of The Surgeon's Daughter was transmitted to Scott by a regular informant, a Galloway excise officer Joseph Train (1779‒1852). For details of life in India, Scott owned three useful publications: A History of the Military Transactions of the British Nation in Indostan (1775‒78) by Robert Orme;  Captivity, Sufferings, and Escape of James Scurry, who was detained a prisoner during ten years, in the Dominions of Hyder Ali and Tippoou Saib (1824) 
and Narrative Sketches of the Conquest of the Mysore, Effected by the British Troops and their Allies, in the Capture of Seringapatam, and the Death of Tippoo Sultaun (1800).

While he was composing the novel, Scott realised that he needed more information about India than these books provided, so he enlisted the help of James Ferguson (1778‒1859), who had served with the East India Company, and who furnished him with a set of sketches of Indian life and manners that proved very helpful: they are sometimes quoted almost verbatim.

As acknowledged in the 'Magnum Opus' edition of Chronicles of the Canongate (1831), 'The Surgeon's Daughter' was inspired by an anecdote related to Scott one morning by Joseph Train
(1779‒1852), Gallowegian excise officer and antiquarian, who also supplied material for Guy Mannering, Old Mortality, and Red Gauntlet. Train's narrative, a version of which he submitted for the 'Magnum Opus' edition, involved an unscrupulous adventurer who tricks a surgeon's daughter into travelling to India so that he might hand her over to an Indian prince. It has not to date been established whether Train's anecdote derives from a true story.

Scott's most significant source, however, was Colonel James Ferguson (1778-1859), the younger brother of one of Scott's closest friends Sir Adam Ferguson. Ferguson returned to Scotland in 1823, after spending twenty-five years in India, and came to live with his two sisters at Huntlyburn on Scott's Abbotsford estate. As he worked on The Surgeon's Daughter, Scott felt increasingly hampered by his lack of first-hand knowledge of Indian life. As he wrote in his Journal (22 August 1827), the tale required 'a small seasoning of curry powder'. He turned to Colonel Ferguson who obliged him with written sketches of Indian manners, ceremony, and protocol and with advice on the Anglo-Indian language. Some of Ferguson's material is reproduced almost verbatim in The Surgeon's Daughter. It is from Ferguson too that Scott derives the punishment of death by an elephant that is inflicted on Richard Middlemass.

Hyderali as pretended fakir

The Surgeon's Daughter is set in the mid-to-late 1770s between the First and Second Mysore Wars. It is the story of Menie Gray, daughter of Dr Gideon Gray (who is thought to have been modelled on Scott's own doctor, Ebenezer Clarkson of Selkirk). Menie falls in love with Richard Middlemas, an illegitimate child brought up in the surgeon's household. Richard has been educated in the medical profession, and the couple is betrothed with the blessings of Menie's father. Scorning his prospects as a country doctor, however, Richard leaves Scotland to seek his fortune in India. Here he becomes the paramour of an adventuress Adela Montreville who concocts a plot to lure Menie to India and hand her over to the Vice-Regent of Bangalore, Prince Tippoo Saib (whose passions have been aroused by a picture of the young girl). Bribery and hope of advancement lead Richard to go along with the scheme, and Menie, who has been reduced to poverty following her father's death, answers Richard's call to join her in India as his wife. The hero of the story turns out to be Adam Hartley, a student friend of Richard's and his unsuccessful rival for Menie's hand. Adam secures the help of Hyder Ali, Tippoo Saib's father, who assures Menie's safety and punishes Richard by having him crushed to death by an elephant. Shortly afterwards, Adam contracts a fatal disease leaving Menie as his principal heir. Out of respect for his memory, she remains unmarried.
Robert Orme

The Surgeon's Daughter was highly praised by half the reviewers as a powerful narrative, while the others gave it a lukewarm reception at best: the most common complaint was that the events, particularly in the second part set in India, were improbable, and that Scott was out of his element on the subcontinent.

Robert Orme, on whose Indian history Scott depended, was the son of Dr Alexander Orme, Surgeon at Anjengo (Anchuthengu) British factory in Travancore. Robert Orme, born in Anchthengu, and lived there for two years, became an authority on India. Alexander Orme was the brother in law of the first Tellicherry (Thalassery ) British fort Chief from 1703 to 1728, Robert Adams. Surgeon Alexander became the political agent at Anjengo after the Attingal massacre in 1721.

There is a surgeon after all.

Robert Orme ( 1728-1801 ) was a historian admired in his time, inspiring writers, Thomas Macaulay and William Makepeace Thackeray too. But he was later ignored by historians from James Mill onwards. His work, History of the Military Transactions of the British Nation in Indostan from 1745, laid the foundation for all the future historical works on India. He was born on Christmas day in 1728, as the second son of the Chief of the English East India Company Factory there, Dr Alexander Orme, and Lady Hill. Lady Hill was the sister of the wife of Robert Adams, Chief of Tellicherry factory. Alexander had replaced the notorious Chief, William Gyfford, who was killed by the Attingal Pillai Brigade along with 132 Britishers, in 1721, on the premises of the Attingal palace, and the corrupt Midford, who followed, Gyfford.

Dr Alexander was a surgeon in the service of the Company, at Anchuthengu Factory, in 1707. Robert Orme was sent to London, only to come back to India in later years.

Robert was sent to his aunt, Mrs Robert Adams, when he was two; he studied at Harrow School during 1734-1741, under Dr James Cox. He spent a year at the Accountant General's office of the Royal African Company, before joining the mercantile house of Jackson and Wedderburn at Calcutta in 1742 and entering the East India Company's service as a Writer, in 1743. His elder brother, William was already a Writer at the Company's Calcutta office. Robert Orme gained deep knowledge of Indian customs. He considered Indians generally and Bengalis especially, effeminate, and attributed the climatic conditions to the character. In the 1761 article, The Effeminacy of the Inhabitants of Indostan, he wrote: Breathing in the softness of the climates, having few real wants; and receiving even the luxuries of other nations with little labour, from the fertility of their own soil, the Indian must become the most effeminate inhabitant of the globe, and this is the very point at which we now see him.

He was appointed member of the Council of Fort St George at Madras, from 1754 to 1758. During that period, he took part in the Council deliberations on the Carnatic operations and was instrumental in sending the Young Robert Clive, as Head of the punitive expedition, against Siraj-ud-Dowlah, in 1757, to Calcutta, in the aftermath of the infamous Black Hole incident of Calcutta in 1756.

Angengo Fort, off the Arabian Sea at Travancore Photo : Flickr / Thejas Panarkandy
Anjengo Fort
 
He was the Accountant General during 1757-58, made a small fortune and returned to England in 1759.

He bought a house in Harley Street, London, and spent his time writing. History of the Military Transactions was published in three volumes in 1763-78 and, Historical Fragments of the Mogul Empire, the Morattoes and English Concerns in Industan from 1659, was published in 1782. From 1769, till his death, he was the paid Historiographer of the East India Company. It was on the strength of his Military History, that he was appointed the Historiographer, and the military encounters of the British came through the writings of Robert Orme. It formed the foundation for many other works on India. Walter Scott had read the book in his youth and he relied heavily upon Robert for his novels, including, The Surgeon's Daughter, based in India. The Newcomes of Thackeray invokes Robert frequently.

The Chief in Tellicherry, Robert Adams had married Alexander's sister. Adams was believed by Alexander Hamilton to have made considerable sums in private trade during his time in India. This allowed him to retire to live in Cavendish Square, one of the grandest addresses in London at that time, having been developed by the 2nd Earl of Oxford and John Prince starting in 1717. He died in 1738.

Much of the money that Adams had made during his time in India is believed to have come from making loans of Tellicherry Factory funds to the Zamorin, who used it to fund his wars with the Dutch from Cochin and especially those at Chetwai (Chettuva).

These loans had not been sanctioned by the Board of Directors of the East India Company, and Robert Adams found himself in some difficulty when the Zamorin later defaulted on many of the repayments. Adams made a journey to Calicut in order to try to recover the money.

The EIC authorities fearful that he might abscond, placed his wife (sister to Alexander Orme at Anjengo.) under restraint at Tellicherry to prevent them both from running away. However after a while, she was able to board the Decker, a vessel bound for Fort St. George, Madras, and in this vessel, she collected her husband at Calicut.

© Ramachandran 

THE BRITISH INDIAN JUDGE WHO SACKED INDIRA GANDHI

He Raised His Children as Hindus

The name Justice William George Broome may not ring a bell to many Indians today. Though British, he was the Indian Judge who started the proceedings in Allahabad High Court Against Indira Gandhi in 1971, which resulted in the declaration of the Emergency in 1975. Broome was the last British judge to remain in judicial service in India, and the only one to have been appointed to a High Court after independence. He came to India as an Indian Civil Service (ICS) officer, took Indian citizenship and assimilated into Indian life and society impressively.

His official biodata reads: Graduated in B.A. (Hons.). Born on 18th March 1910. Educated at Laytmer Upper School, Hammersmith and Caius College, Cambridge. Joined the Indian Civil Service on 10.10.1932 and served in Uttar Pradesh as Assistant Magistrate and Collector, Joint Magistrate. Became District and Session Judge on 16.4.1941, appointed Registrar of Allahabad High Court in December 1943, confirmed as District and Sessions Judge on 13th September 1945 and in the Selection Grade on 31.3.1953. Appointed Additional Judge, Allahabad High Court on 8.12.1958. Permanent Judge of Allahabad High Court on 18.2.1959. 

Broome came to India as an imperial official in 1932. During a period when British rule in India was still characterised by racial hierarchies and segregation, he defied British prejudices by marrying an Indian woman and devoting his life to India. He even raised his children as Hindus, learned numerous Indian languages and immersed himself in Indian culture. 

He served in what was then the United Provinces (now Uttar Pradesh). In 1937, he married Swaroop Kumari Gour, the daughter of the lawyer, politician and academic Sir Hari Singh Gour. Hari Singh had married Olivia, the 
daughter of  Balwant Singh of Bhandara.

Hari Singh Gour.jpg
Hari Singh Gour

Sir Hari Singh Gour (1870 –  1949) was a distinguished lawyer, jurist, educationist, social reformer, poet, and novelist. Gour was the First Vice-Chancellor of the University of Delhi and Nagpur University, founder and Vice-Chancellor of the University of Sagar, Deputy President of the Central Legislative Assembly of British India, an Indian Delegate to the Joint Parliamentary Committee, a Member of the Indian Central Committee associated with the Royal Commission on the Indian Constitution (popularly known as the Simon Commission), and a Fellow of the Royal Society of Literature.

Hari Singh Gour was born on 26 November 1870 to a poor family near Sagar, in the state of Madhya Pradesh. The family had to be supported by Hari Singh's eldest brother who provided an allowance of 50 rupees per month. Hari Singh's father was a carpenter and farmer, but the young boy was not interested in this trade. At the age of ten, Hari Singh won a scholarship of two rupees per month which enabled him to attend a night school in Sagar. Later, with the help of another scholarship, he went to Jabalpur to undertake further studies. Mathematics was his favourite subject and for this, he received a special prize. In Jabalpur, he went for his matriculation but he failed the first time as he was deeply disturbed as someone stole his gold ring which he brought by saving 10 rupees from all his scholarships. But the second time he passed out with good marks. He passed his Intermediate examination from Hislop College, Nagpur, a free church institution, standing first in the whole province.

When he was 18 years old, Hari Singh Gour went to the University of Cambridge in England where he took Moral Sciences Tripos and Law Tripos. Unfortunately, the young Hari Singh experienced a great deal of racism as a student and throughout his life. He participated in a mathematics competition, of which the results were not declared. Some years after obtaining his LL.D. he learned that the scholarship that the competition awarded was not given to foreigners, especially "blacks," as Indians were referred to by the British. Since Hari Singh came first in the competition, the scholarship ended up not being awarded to anyone. He faced similar treatment in other situations and academic competitions, however, he never let this unfair treatment by the British discourage him. Instead, he began to write poetry. In fact, while in England he came to be known in literary circles as a promising poet, becoming acquainted with the likes of George Bernard Shaw. He wrote a book of poetry entitled Stepping Westward and Other Poems due to which he became somewhat of a celebrity and was thereby selected as a Member of the Royal Society of Literature.

He was admitted as a pensioner at Downing College, Cambridge on 5 June 1889. Gour received his BA in 1892; the MA in 1896; LL.M. in 1902; and finally the LL.D. in 1908. After his time at Cambridge, he read for the D.Litt. and LL.D. at Trinity College, Dublin. 
Hari Singh Gour Dr Harisingh Gour University Sagar University Gallery
Young Hari Singh Gour

On his return to India, he became a successful lawyer in Raipur. He wrote two monumental works, The Law of Transfer in British India and The Penal Law of India. Another book entitled Hindu Law Code published later added to his reputation as a great jurist. In the Central Legislative Assembly in 1921, Gour denounced the sequestration and suppression of women. He was also a great social reformer and was successful in getting an act passed to enable women to be enrolled as lawyers, while his Civil Marriage Bill of 1923 showed him to be a reformer thinking ahead of his time. Gour was not only a progressive scholar; he demonstrated such forward-thinking in his personal life as well. 

The first bill for the abolition of untouchability was introduced in 1921 by Hari Singh Gour. Through his determination and industry combined with a gift of oratory, Sir Hari Singh Gour rose to an eminent position in the political scene. He became a Leader of the Opposition and of the Nationalist Party in the Indian Legislative Assembly from 1921 to 1934. He was a Member of the Constituent Assembly that framed India's Constitution.

Gour donated Rs 20 lakh on 6 December 1946 and 2 Crore in 1949 to establish the Dr Hari Singh Gour University in Sagar-it was the highest charity offering in Asia then. He gave off all his properties.

66 साल पहले इन्होंने किया था एशिया का सबसे बड़ा दान, जुकरबर्ग संग जुड़ा अजब संयोग
Gour and Family
Gour was not only a progressive scholar; he demonstrated such forward-thinking in his personal life as well. He married Olivia, daughter of Balwant Singh of Bhandara. In marrying Gour, Broome defied these prejudices. He raised his children as Hindus (Broome was an atheist), learned numerous Indian languages and developed a strong interest in Indian culture.

Broome was appointed as a district and sessions judge in 1941. His independence in that role was legendary. When the chief secretary of the United Provinces declared that too many detainees under the Defence of India Rules were receiving bail, Broome responded by threatening the chief secretary with contempt of court.

By 1958, Nehru was able to write of Broome that “I have seldom known any Englishman who has so Indianized himself in various ways as he has”, and that “he is as much as Indian as anybody can be who is not born in India and indeed probably more so than many people born in India”. 

In that year, with Nehru’s assistance, Broome renounced his British citizenship and became an Indian citizen. 

Unlike other British civil servants, he opted to stay in India as a judge after Independence. He was appointed to the Allahabad High Court, where he served until his retirement in 1972. His judgments in this role demonstrated a strong concern for civil liberties, even going further than the Supreme Court of that time.

Broome with Swaroopa
One of Broome’s final cases as a judge was to hear the early stages of Raj Narain’s challenge to Indira Gandhi’s 1971 election from Rae Bareli – the challenge that ultimately led to the Emergency. Broome had known Nehru and had once enjoyed a friendly relationship with Indira – he and his wife were even invited to Rajiv and Sonia Gandhi’s wedding reception. But he nonetheless made important procedural rulings in Narain’s favour. (Although Broome’s friendship with Indira Gandhi seems to have ended after this case, it is striking that no effort was made to delegitimise his decisions by referring to his foreign birth.)

1971 was a momentous year in our history. India was celebrating its silver jubilee. The general elections that took place a few months prior to the Bangladesh war had provided a battle cry that sounded as hollow as it was shrill: Garibi Hatao. Yet again, the nation got fooled, perhaps lulled into believing its progenitor – Indira Gandhi. She won a resounding victory. 

Raj Narain, her adversary for the keenly contested Lok Sabha seat of Rai Bareli, nearly lost his deposit. But the plucky, bandana-wearing socialist, born in the same year as Indira Gandhi, went to court alleging that Mrs Gandhi had deployed government jeeps during canvassing, thereby violating the code of conduct. The charge of appropriating a few jeeps – 23 to be precise – for the purposes of election canvassing seemed laughable.

Justice Broome thought otherwise. He inadvertently set in motion events that heralded the most shameful chapter in our young history.

 In the first week of March 1971, Raj Narain and Indira Gandhi crossed swords for the Rai Bareli seat. Mrs Gandhi won handsomely (with a margin of 1,11,810 votes). A month later, on April 24, 1971, Narain filed a petition in the Allahabad High Court challenging Mrs Gandhi’s election on the grounds that she had indulged in corrupt practices. No, not for promoting her kin to positions of limitless power or indulging in shady arms deals, but rather for using official jeeps for canvassing.

Raj Narain alleged that Yashpal Kapur – a gazetted officer who claimed to have retired by the time his expert services were availed of by Mrs Gandhi – had shamelessly distributed quilts, dhotis and alcohol among the voters as an inducement. He had also hired and procured a number of vehicles for the free conveyance of electors to the polling stations.

It was this last allegation that changed the course of India’s history. 

On February 24, 1971, Dal Bahadur Singh, President of the District Congress Committee, Rae Bareli, wrote a letter to Yashpal Kapur, in which he commanded Kapur to ask the Electoral Officer to release some jeeps. Dal Bahadur was incensed as this gutsy officer had earlier denied Dal Bahadur’s request on the grounds that “it was not possible to release the vehicles in favour of any party for election purposes”.

Kapur duly obliged but made a grievous error while wording his letter – understandable as he was a gazetted officer. He not only asked the Election Officer to release the 23 vehicles without delay but also stated that the vehicles in question had already been taken by the District Congress Committee.

Tense confusion and truth blurtings aside, this time round the letter had come from none other than the Prime Minister’s election agent, and the poor election officer had no option but to “release” the vehicles that had already been released.

Back then our politicians thought it fit to act on their own advice and not their lawyer’s. Not to be outdone by her electoral agent’s gaffe, Mrs Gandhi gave it in writing to the court that indeed those 23 jeeps had been used by the District Congress Committee Rae Bareli for election purposes in the constituencies of Rae Bareli, Amethi and Ram Sanehi Ghat.
Raj Narain

Verdict: Allahabad High Court (http://indiankanoon.org/doc/689646/)
Date: September 14, 1971

Bench: Justice WG Broome

The first of many judges to have contributed to Indira Gandhi & Others’ downfall was Justice BN Lokur. The hearings began on July 15, 1971 and it wasn’t long before Raj Narain demanded that none other than Indira Gandhi should depose before the Allahabad High Court. Justice Lokur rejected Narain’s request outright. He also rejected Narain’s appeal for the many “incriminating” books and documents of the respondent (Mrs Gandhi) to be placed before the court. Before the issue could be taken further, there was a small matter of constitutional reading. Justice Broome swept in gladly to oblige.

“The petitioner”, said Justice Broome, “has applied for leave to deliver interrogatories in writing for the examination of the respondent and for a direction to the respondent to make a discovery on oath of the documents which are or have been in her possession or power relating to the questions arising in the petition. The arguments advanced on both sides have ranged over a wide field of both English and Indian law, but I shall endeavour to deal with them as succinctly as possible.”
Succinctness, wit, erudition – Justice Broome then went on to display each of these qualities in equal measure, quoting liberally from judgments delivered centuries ago.

“…After jurisdiction was conferred by the Parliamentary Elections Act, 1868, the court continued to follow the principles, practice and rules on which committees of the House of Commons had previously acted in dealing with election petitions; and as pointed out in Wells v. Wren, (1880) it is admitted that the exhibition of interrogatories to the sitting member by an election committee was a thing unheard of. When elections were introduced in India, however, there was a radical departure from this principle…”

“…The respondent says that the petitioner should not be allowed to supplement these particulars by resorting to discovery. But this argument is misconceived, for discovery has nothing to do with supplementing the petitioner’s pleadings; its object is to elicit admissions from the respondent that may obviate the necessity for producing lengthy evidence when the time comes to examine witnesses.”      

“…It is no doubt true that the Indian electoral law has been largely modelled on the corresponding English statutes, but that does not mean that English Common Law doctrines must be followed when interpreting the Indian Law. An objection that an order for discovery of documents might tend to incriminate the party ordered is not sufficient to give immunity from discovery. To sum up, I find that in India there is no warrant for following the English practice of disallowing discovery in the trial of election petitions.”

“…Accordingly I grant leave to the petitioner to deliver the accompanying interrogatories for the examination of respondent. I also direct the respondent to make discovery on oath of the documents which are or have been in her possession or power. The affidavit in reply to this also shall be filed by October 4, 1971.”

It was too late-Smt Gandhi & Others promptly approached the Supreme Court that, much to their ire, sided with Raj Narain. In Allahabad, however, something else was brewing, something to do with a little blue book.

Raj Narain Vs Smt Indira Gandhi & Others

Verdict: Allahabad High Court (http://indiankanoon.org/doc/431532/)

Date: March 20, 1974

Bench: Justice KN Srivastava

It appears Mrs Gandhi was hell-bent on denying Raj Narain and the court a dekko at some documents that included, bizarrely, a “blue book”. The judge wasn’t too pleased with this stand.

“In this election petition”, said Justice Srivastava, “privilege has been claimed [by the respondent, ( Mrs Gandhi ) regarding three sets of documents, including copy of a blue book with the title Rules and Instructions for the Protection of Prime Minister when on Tour or in Travel. It shall hereinafter be called as the blue book…The Union Government itself disclosed a part of this blue book, on the top of which the word Secret is printed. The blue book is not an unpublished official record. The State cannot be permitted to have two yardsticks for two different individuals.”

“…Unless the blue book is made available to him, the petitioner cannot be in a position to efficiently cross-examine the respondent’s witnesses. It is, therefore, just, equitable and in accordance with the principle of natural justice that the claim of privilege regarding the blue book and other papers which are correlated with the blue book be rejected.”

Yashpal Kapur with Indira

Mrs Gandhi would hear none of it. She approached the Supreme Court again, demanding that the blue book not be shown as evidence during the trial. The year was 1974 and having purged her dissenters, rebuffed Nixon, broken Pakistan in two, and exploded an atomic bomb, she was invincible. Indira was India and India was Indira.

A five-judge bench heard her plea and, unexpectedly, disregarded all previous judgments. Mrs Gandhi had won the right to hide the blue book. Her victory, though, was short-lived. The Supreme Court, while pronouncing its verdict, also directed the case to be heard afresh by a single judge of the Allahabad High Court.
It was Justice Jagmohan Lal Sinha.
On June 12, 1975, in a jam-packed courtroom, under long-stemmed ceiling fans that pretended to bring relief from the unbearable heat, Justice Jagmohan Lal Sinha found the sitting Prime Minister of India Mrs Indira Gandhi guilty. He declared her election “null and void” and forbade her from fighting elections for six years. The concluding words of Justice Sinha: “I regret my inability to accept her evidence, on one point; her plea has no legs to stand on, on another; and that it does not bear any scrutiny, on a third.
Years later, Mrs Gandhi would call Justice Sinha “a petty judge”.  On that hot June day, however, after expressing her dismay and anger to BBC’s Mark Tully in a rare interview, she promptly trundled off to the Supreme Court yet again. This was because Justice Sinha had stayed his judgment for 20 days to allow the Congress party to elect a successor. Exactly the window Mrs Gandhi needed. Her appeal to the Supreme Court was for an “absolute stay” on the judgment.

Jagmohan Lal Sinha

The Supreme Court was on vacation. Only one judge was available

Smt. Indira Nehru Gandhi Vs Raj Narain & Another

Verdict: Supreme Court (http://www.indiankanoon.org/doc/1240174/)

Date: June 24, 1975

Bench: Justice VR Krishna Iyer

“While the right to appeal is statutory”, said Justice Iyer, “the power to stay is discretionary. But judicial discretion – indeed, even executive discretion – cannot run riot. Judicial power is dynamic, forward-looking, socially lucent and aware. The Court is the quiet of the storm centre and views with an equal eye the claims on each side. The High Court and its finding, until upset, holds good, however weak it may ultimately prove.”

“…I hereby pass a stay of the order of the High Court under appeal. The petitioner will remain a Member of the Lok Sabha, will be entitled to sign the Register kept in the House for that purpose and attend the Sessions of the Lok Sabha, but she will neither participate in the proceedings nor vote nor draw remuneration in her capacity as Member of the Lok Sabha.”

This was anything but the “absolute stay” Mrs Gandhi had wished for. Her anger was palpable. Fascism beckoned her, and at midnight, June 25, 1975, she declared a state of Emergency. We got freedom at midnight and lost it another midnight.

Yashpal Kapur, the one who started it all by providing the jeeps, went on to become, just like his nephew RK Dhawan later on, a member of the Rajya Sabha.

Broome died in Bengaluru in 1988. Having come to India in the service of imperial power, he died an Indian.

Broome’s decision to seek Indian citizenship, and the nation’s willingness to accept his faithful service, highlights interesting aspects of ‘citizenship’ and ‘nationalism’ in the young Indian republic. 

He was retained as a judge by the independent Indian government partially through pragmatism: despite the long struggle for independence, free India kept many of the institutions and officials that had governed (even subjugated) colonial India. But his life also reflected important, idealistic aspects of the new Indian state. But the fact that Broome brought up his children as Hindus underlines his belief in the Indian tradition and culture, unlike Nehru.

www.veethi.com/images/people/profile/B._N._Rau....
B N Rau

Broome's son Ashok lives in the Pune farmhouse, Broome Farmstays in Marunji village, with his wife, Leela Gour Broome. They built the farmhouse in 1989. Leela's Dutch mother was married to a Maharashtrian. Earlier, they had lived in a tea estate, High Wavy Hills,90 km away from Madurai.
Broome was not the only civil servant to serve in the high court. In Punjab, the first four Chief Justices, post-Independence, were from the ICS, namely Eric Weston, a European ICS, AN Bhandari, GD Khosla and Donald Falshaw, another European ICS, who left in 1966. There were many like Broome, the majority being Englishmen. 
It will be apt to remember B N Rau here. He was an eminent jurist and served as a Judge of the Calcutta High Court from 1939. He was also a judicial ‘lateral entrant’.B.N. Rau was a member of the International Court of Justice Bench at The Hague, and the first from India. Earlier, he was also the constitutional adviser to the Constituent Assembly of India. 
He was the most important person after B.R. Ambedkar in drafting the Constitution of India. The draft Constitution debated in the Constituent Assembly, later amended to become the Constitution of India, was his brainchild. The Drafting Committee of the Constituent Assembly had accepted his draft virtually without any change. But, B.N. Rau was not an advocate or member of the judicial services. He was a civil servant. He entered the Indian Civil Service in 1910 and served with distinction until his elevation to the high court.

He was also closely involved in drafting key provisions of the Government of India Act, of 1935, which later became the template of the Constitution of India. B.N. Rau was also a prolific author and wrote on many aspects of law and jurisprudence.

-----------------------------

Reference: Indira, Jeeps and Blue Books/Anand Ranganathan


© Ramachandran 

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