‘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.