legislation

Special Restriction (Coloured Alien Seamen) Order (1925)

Date: 
18 Mar 1925
Event location: 

The Order was originally carried into effect in the port areas of Glamorgan, Cardiff, Newport, Swansea, Carmarthenshire, Liverpool, Salford, Newcastle-on-Tyne, South Shields, Middlesbrough and Hull. In January 1926, it was extended throughout Britain.

About: 

The Special Restriction (Coloured Alien Seamen's) Order is described by Laura Tabili as 'the first instance of state-sanctioned race discrimination inside Britain to come to widespread notice' (p. 56). The work of the Home Office Aliens Department, the Order was issued under Article II of the Aliens Order of 1920 and stated that 'coloured' seamen who did not possess documentary proof of their status as British must register as 'aliens' in Britain 'whether or not they have been in the United Kingdom for more than two months'. Police were to apprehend 'coloured' men disembarking from ships and report them to the police if they failed to show their documentation. In practice, it was not easy for 'coloured' seamen to prove that they were British subjects because sailors were not required to carry passports and, unlike those of their white counterparts, 'coloured' seamen's discharge certificates were not considered proof of their nationality because of allegations of trafficking in these papers.

Reasons for the issue of the Order are various and debated. In a letter dated 14 August 1926, the Under-Secretary of State cites the demands made at the end of the First World War by the National Sailor and Fireman's Union that 'steps should be taken to restrict the admission to this country of coloured seamen who could not establish that they were British subjects, since they competed in the overstocked labour market for seamen and were a source of grave discontent among British sailors', and claims that the accumulation of 'coloured seamen' in certain ports 'was a continual source of irritation and...likely to lead to a breach of the peace' (HO 45/12314). However, by the mid-1920s, employment in the shipping industry was beginning to pick up, which calls these reasons into question. Further, historians have recently questioned the role of the Union in pushing forward this piece of legislation, arguing that it was the state that played a more significant role.

State officials, determined to deport 'coloured' seamen, interpreted and enforced the rules rigidly, depriving these men of their citizenship. The India Office and Colonial Office received numerous protests from seamen who claimed that police were using the order to target men who were obviously British subjects. Further, officials erroneously applied the rules to non-seamen, for example registering 63 Glasgow-based Indians, most of whom worked as peddlers and labourers, as 'aliens'. Indians in Liverpool protested in the form of a public rally and through founding the Indian Seamen's Union, led by N. J. Upadhyaya. The India Office, fearful of the public outcry triggered by the Order in India, reprimanded the Home Office, even suggesting that all Indians should be issued with passports - a suggestion that was not received favourably by the Home Office. Finally, it was agreed that Indian seamen registered as 'aliens' could apply to the Home Office to have their British nationality verified. They would then be issued with a Special Certificate of Identity and Nationality which would enable their registration to be cancelled. The Order was finally revoked in 1942.

People involved: 

P. S. R. Chowdhury (Secretary of the Glasgow Indian Union which contested the registration of the 63 Glasgow-based Indians), Home Secretary Joynson-Hicks (passed the Order), N. J. Upadhyaya (founded the Indian Seamen's Union as a result of the Order).

Secondary works: 

Lane, Tony, 'The Political Imperatives of Bureaucracy and Empire: The Case of the Coloured Alien Seamen Order, 1925', Immigrants and Minorities 13.2-3 (July/November 1994), pp. 104-29

Little, Kenneth, Negroes in Britain: A Study of Racial Relations in English Society (London: Routledge & Kegan Paul, [1948] 1972)

Rich, Paul B., Race and Empire in British Politics (Cambridge: Cambridge University Press, 1990), pp. 122–30

Sherwood, Marika, ‘Race, Nationality and Employment among Lascar Seamen, 1660–1945’, New Community 17.2 (January 1991), pp. 234–5

Tabili, Laura, ‘The Construction of Racial Difference in Twentieth-Century Britain: The Special Restriction (Coloured Alien Seamen) Order, 1925’, Journal of British Studies 33 (January 1994), pp. 54–98

Tabili, Laura, ‘We Ask for British Justice’: Workers and Racial Difference in Late Imperial Britain (Ithaca, NY and London: Cornell University Press, 1994)

Visram, Rozina, Asians in Britain: 400 Years of History (London: Pluto, 2002)

Example: 

Letter from the Under-Secretary of State to the Chief Constables of scheduled areas, 23 March 1925, HO 45/12314, National Archives, Kew

Content: 

The file contains correspondence and reports by state and police officials relating to the Special Restriction (Coloured Alien Seamen's) Order, 1925.

Extract: 

I am directed by the Secretary of State to inform you that he has recently had under consideration measures to facilitate the control of coloured alien seamen at present in this country and to prevent more effectively the entry of others into the United Kingdom without proper authority; and he has come to the conclusion that in order to deal with the problem presented by these aliens – particularly those of them who are ‘Arabs’ – it is necessary that they should be required to register in all cases, including those where the alien has hitherto been exempt under Article 6(5) of the Aliens Order, 1920, by reason of the fact that less than two months has elapsed since his last arrival in the United Kingdom or that he is not resident in the United Kingdom.

…The difficulties [of the present situation] arise mainly from the fact that the racial resemblance between many coloured seamen is such that there is no satisfactory means of identifying individuals; and the primary object which the Secretary of State has in view is to remedy this deficiency by requiring every coloured seamen…unless he is able to show that he is a British subject, to provide himself immediately with a document by which he can be readily identified and on which his entry into the United Kingdom (if duly authorised by grant of leave to land) can be recorded.

Relevance: 

The language used in this passage - in particular the words 'control' and 'aliens' - is indicative of the perceived threat posed by 'coloured' seamen to the nation. The vagueness of the words 'problem' and 'difficulties' is suggestive of the concealment of some of the unmentionable reasons for the entrenchment of barriers to these sailors' entry into Britain (i. e., racism) - which are however hinted at with the mention of the 'racial resemblance' of the seamen. In general, the passage is illustrative of the strategies of control used in an attempt to maintain the racial and cultural homogeneity of Britain - and also of the failure of this.

Archive source: 

HO 45/12314, National Archives, Kew

1920 Aliens Order

Date: 
01 Jan 1920
Precise date unknown: 
Y
About: 

The Aliens Order 1920 was an amendment to the Aliens Restriction Act of the previous year. Brought out in the context of widespread unemployment after the First World War, it required all aliens seeking employment or residence to register with the police. Failure to do so would result in deportation. Further, under the Order, the Home Secretary retained the power to deport any alien whose presence was considered detrimental to the public good. Constitutionally, South Asians were not ‘aliens’ but rather citizens of the British empire. In spite of this, however, many lascars were caught up in this legislation. They were not generally issued with passports so could not prove their status as British citizens and their exemption from the Order. Hence, many were subject to harassment and denied employment.

Secondary works: 

Sherwood, Marika, ‘Race, Nationality and Employment among Lascar Seamen, 1660–1945’, New Community 17.2 (January 1991), pp 234-5.

Tabili, Laura, ‘We Ask for British Justice’: Workers and Racial Difference in Late Imperial Britain (Ithaca, NY: Cornell University Press, 1994)

Visram, Rozina, Asians in Britain: 400 Years of History (London: Pluto, 2002)

Archive source: 

HO 45, National Archives, Kew

HO 213, National Archives, Kew

L/E/7/1390, India Office Records, Asian and African Studies Reading Room, British Library, St Pancras

L/E/9/953, India Office Records, Asian and African Studies Reading Room, British Library, St Pancras

L/PJ/12/234, India Office Records, Asian and African Studies Reading Room, British Library, St Pancras

1919 Aliens Restriction Act

Date: 
23 Dec 1919
About: 

The 1919 Aliens Restriction Act extended the powers of the wartime Act of 1914 which obliged foreign nationals to register with the police, enabled their deportation, and restricted where they could live. The primary aim of the 1914 Act was to target ‘enemy aliens’ resident in Britain during the First World War. The 1919 Act continued these restrictions into peace-time and extended them. It restricted the employment rights of aliens resident in Britain, barring them from certain jobs (in the civil service, for example), and had a particular impact on foreign seamen working on British ships. It also targeted criminals, paupers and ‘undesirables’, and made it illegal for aliens to promote industrial actionA motivation for the extension of the restrictions was the end to the wartime labour shortages and consequent desire to safeguard jobs for indigenous white Britons.

South Asians were not formally classified as ‘aliens’ as they were citizens of empire. However, many were harassed because of the legislation. The 1919 Act was renewed annually until 1971 when it was replaced by the Immigration Act.

Secondary works: 

Tabili, Laura, ‘We Ask for British Justice’: Workers and Racial Difference in Late Imperial Britain (Ithaca, NY: Cornell University Press, 1994)

Archive source: 

Metropolitan Police Archives, MEPO 35, National Archives, Kew

Indian Seamen's Welfare League

About: 

The Indian Seamen’s Welfare League offered membership to all Indian seamen resident in Britain on the payment of an annual subscription of one shilling. Its main aim was ‘to look after the economic, social and cultural interests of Indian seamen, to provide them with recreation in Great Britain and to communicate with their relatives in India in the event of any misfortunes befalling them’ (L/PJ/12/630, p. 140). Inaugurated by the former seamen Ayub Ali and Shah Abdul Majid Qureshi, it held its first meeting on Commercial Road in July 1943. This attracted approximately 100 people, including a dozen Europeans among the Bengali seamen who made up the bulk of the audience.

The organization described itself as social rather than political. Indeed it changed its name from the Indian Seamen’s Union precisely because it feared the political connotations of the word ‘union’ would alienate ship owners and attract the attention of the police. However, records of meetings suggest that there were tensions between those who espoused this non-political position and those who considered the concerns of the organization to be inextricable from an anti-colonial politics. Further, surveillance reports warn that the organization attempted to dissuade Indian seamen from risking their lives bringing food to Britain when the Government was responsible for famine in India, and that its ‘extreme elements’ wished thereby to sabotage the war effort.

Example: 

L/PJ/12/630, India Office Records, Asian and African Studies Reading Room, British Library, St Pancras, pp. 141-2

Other names: 

Indian Seamen’s Union

Secondary works: 

Adams, Caroline (ed.) Across Seven Seas and Thirteen Rivers (London: THAP, 1987)

Visram, Rozina, Asians in Britain: 400 Years of History (London: Pluto, 2002)

Content: 

This Indian Political Intelligence file, titled ‘Indian Seamen: Unrest and Welfare’, includes numerous government surveillance and police reports on the activities of lascars in Britain in the 1930s and 1940s, focusing in particular on their strikes and other forms of activism against their pay and conditions.

Date began: 
09 May 1943
Extract: 

These four speakers made it plain that Indians joined the Merchant Navy, not from any desire to assist this country’s war effort, but were driven to it for economic reasons – empty stomachs and hungry relatives made them undertake this dangerous work. According to them, so long as India remained under foreign domination, any organisation set up for the protection of the rights of Indian seamen had to be prepared to fight against the deliberate attempt to exploit them.

N. Datta MAJUMDAR…complained bitterly that there was no complete list of Indian seamen lost at sea and of the utter disregard for their dependents and relatives. The crux of the whole problem was that India was under foreign domination and while this continued, the British Government would treat its subject Indian seamen and their dependents with such callousness. This state of affairs had to be remedied, and it devolved on the Welfare League to probe the Government and demand immediate redress.

Homi BODE complained that the position of the average Indian seamen was disgraceful, and it was hypocracy (stet.) to say that an organisation aiming to remedy their grievances could be non-political.

Key Individuals' Details: 

Ajman Ali (assistant secretary), Ayub Ali (co-founder, secretary and treasurer), Masharaf Ali (vice-president), Rashid Ali (assistant secretary), Surat Alley (on executive committee), Tarapada Basu (on executive committee), Mrs Haidri Bhattacharji (on executive committee), B. B. Ray Chaudhuri (on executive committee), Abdul Hamid (participated in inaugural meeting), N. Datta Majumdar (on executive committee), M. A. Mullick (on executive committee), Shah Abdul Majid Qureshi (co-founder and president), Said Amir Shah (on executive committee) C. B. Vakil (on executive committee).

Relevance: 

This extract is from a report on the inaugural meeting of the Indian Seamen’s Welfare League held on 7 July 1943. The four speakers referred to here are C. B. Vakil and B. B. Ray Chaudhuri in addition to Majumdar and Bose. All served on the executive committee of the organization. The extract underlines the plight of working-class Indians in Britain and the way they were silently sacrificed in the ‘war effort’, as well as the impossibility of extricating concerns with the welfare of Indians in Britain from a wider anti-colonial politics and the links between a local (i.e., East End) and transnational politics. The League is further evidence of the strong sense of community developing among East End Indians in the 1940s, as well as their ability to mobilize for their rights as minority workers in Britain. Further, the presence of the middle-class Chaudhuri and Vakil on the executive committee of a workers’ organization suggest that South Asian activity and activism in Britain did transgress boundaries of class to some extent.

Connections: 

Homi Bode (attended inaugural meeting), Kundan Lal Jalie (claimed he was the originator of the organization), V. K. Krishna Menon (disapproved of the organization because he believed it would clash with the India-based Indian Seamen’s Union), John Kartar Singh (attended inaugural meeting). 

Archive source: 

L/PJ/12/630, India Office Records, Asian and African Studies Reading Room, British Library, St Pancras

L/PJ/12/646, India Office Records, Asian and African Studies Reading Room, British Library, St Pancras

Location

66 Christian Street
London, E1 1RT
United Kingdom
Involved in events details: 

Inaugural meeting, King’s Hall, Commercial Road, E1, 14 July 1943

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