Badruddin Tyabji ( Tyab Ali) was born in Bombay
on 10 October 1844, and died in London on 19
September 1906. His father, Tyabji (Tyab Ali)
Bhai Mian, was the scion of an old Cambay emigrant
Arab family, and although impoverished and reduced
to hawking by the 1808 Bombay fire, soon became
a merchant prince. Despite, or as he might have
claimed, because of his attachment to Islamic
principles, Tyabji was adventurous, intrepid,
and self-reliant.
Not only did he visit Europe (his photograph
taken in Liverpool (29 May 1853), perhaps the
earliest of an orthodox Muslim, exists), but
sent all his six sons abroad; and had his daughters
taught domestic science. The Times of India
(Ocerland Summarys) obituary (12 December
1863) stated: He has made a name for himself
which will live. Badruddins mother,
Ameena, was the daughter of Mullah Meher Ali.
Both parents were from orthodox Sulaimani Muslim
families. (Cf.. entry under Tyabji, Abbas for
further family details.)
Badruddin undoubtedly owed his eminence principally
to his inherited gifts, but also to his brothers,
especially Camruddins, support. Camruddin
returned as the first Indian Solicitor (1858)
from England after seven and a half years. His
account of England and the Law Courts spurred
the ambition of Badruddin-then aged fifteen.
Badruddins own resounding triumphs there-
the award of a special Certificate of Hounour
for perfect French (acquired in twelve
months) and outstanding progress in Latin, French
and English Dramatic Elocution Competition-and
the consideration he received, gave him great
self-confidence and a capacity, then rare, for
dealing with Englishmen without inhibitions.
After passing the London Matriculation, weakening
eyesight compelled him to return home. Besides
his curricular studies he had learnt French,
Urdu (from a Lucknow tutor in London), Arabic,
Persian, Gujarati and Marathi. What he learnt
he never forgot. After a year in India, and
marriage to Moti (later named Rahar-un-Nafs),
daughter of Shajaat Ali of Cambay, he joined
the Middle Temple, became a Barrister (April
1867)-the first Indian Barrister in Bombay-and
rose rapidly in the profession.
An anecdote illustrates his mettle. Barristers
then used to call on Judges, so he called on
Parsons of the I.C.S. The latter, in typical
Anglo-Indian style, enquired What can
I do for you? I am busy. So am I,
said Badruddin walking out. Parsons, realising
his mistake, followed him and tried to make
amends by praising his carriage and pair, out
without success.
Within ten years Badruddin became one of the
leading Barristers; but in 1895, his health
failed, and he accepted a Judgeship. This, as
Sir Pherozeshah Mehta stated, was as enthusiastically
welcomed by the Hindus and the Parsis as by
the Muslims. He acted as Chief Justice in 1902,
the first Indian to hold post in Bombay. He
was known as a great Judge, and for his courage
and impartiality, typically shown by his granting
bail to Tilak in a sensational case after its
rejection thrice by others, and by admonishing
eminent British Counsels for denigrating the
Indian National Congress and Indian character.
He said: I have always regarded it (Congress
Presidentship) as the highest honour, higher
than in my Court no contemptuous reference to
that body will be permitted. He remarked
on another occasion: There is a great
deal of false evidence in Court, but this country
has no monopoly of it. Tichbourne and his hundred
of false witnesses were not Indians
. Indian
witness tell lies less discriminatingly on facts
which it is not necessary for them to deny:
denying just what is necessary: and therefore,
it is more difficult to detect where they lie.
Badruddin entered public life after three years
at the Bar. In July 1871, he was prominent in
the agitation that secured an elective Council
for the Bombay Municipal Corporation, and topped
the list of those subsequently elected. From
then on, Badruddin Tyabji, Pherozeshah Mehta
and Kashinath Telang were popularly known (in
that order) as The Triumvirate,
The Three Stars, etc., of Bombays
public life. In 1882 he became a Member of the
Bombay Legislative Presidency Association and
virtually ran it all by himself.
Soon afterwards, the Indian
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National Congress held its first Session in
Bombay under its auspices; and Badruddin and
Camruddin were among its delegates. Urgent business
in Cambay prevented their attendance, which
its opponents exploited, alleging that Muslims
were boycotting the Congress. Badruddin vigorously
denied this, declaring that he had ever
denounced all communal and sectarian prejudices.
He missed unanimously elected President of its
third Session in Madras (1887).
Camruddin and he were principally responsible
for establishing the Anjuman-I-Islam in Bombay
(1876) for the betterment and uplift of
Mussalmans in every direction. Its
working principle, defined by Badruddin,
was
not to take the initiative when
the interests of Mussalmans were common with
the rest of the people of India, but to consider
it its duty to take initiative if the interests
of Mussalmans alone were affected, or if they
were affected more than those of other(1887).
Badruddins speeches, such as on the Ilbert
Bill, Lord Ripons administration, at the
third Congress Session, etc., are models of
close reasoning balanced judgement and lucid
exposition. Mr. Justice Russell said of him:
He was one of the most cultivated and
perfect speakers in the English language I have
ever heard.
Badruddins own education and background,
a harmonious blend of the East and the West,
made him acutely conscious of its lack, particularly
among the Muslims. Indian attention, he thought
was too exclusively focussed on politics, too
little on education and social reform, and that
an advanced type of representative Government
was useless if the majority was ignorant.
Therefore, he campaigned against Purdah all
his life, holding that it went far beyond the
Quranic injunctions. His daughters were the
first to be sent abroad for education. He supported
the Age of Consent Bill (1891), despite Hindu
and Muslim opposition, and education rather
than for feeding religious mendicants or scriptural
readings, etc.
He showed his characteristic sense of public
responsibility during the 1878 famine; and in
1898 when plague depopulated Bombay, by staying
on to give heart to the public.
Badruddin with his fair complexion, an intellectual
forehead, aquiline features, curly hair and
well-proportioned limbs, was strikingly handsome
in his youth. He looked like an eagle. Later,
his face broadened, and compelling ways gave
him a leonine look. On all formal occasions,
even in Court or on the Bench (unlike most England
returned Indians) he wore his traditional family
costume (Arab-Indian); but for excursions and
sports he wore European clothes. He lived like
his father in grand patriarchal, patrician style,
entertaining magnificently at Somerset House
(now St. Sophias College for Women) with
its spacious grounds.
Badruddin impact on society and his times was
all-pervasive. His intellectual and personal
distinction-unbiased appraisal of Western thought
and ways allied with an equal appreciation of
the inherited Eastern thought-helped to destroy
the myth of European superiority. Equally it
enabled him to exert considerable influence
Englishmen, without loss of personal or national
dignity, in fact, with an accretion to both.
He was not only, as Mahatma Gandhi wrote,
for
years, a decisive factor in the deliberations
of the Congress (The Harijan 18 November,
1939), but one of its creators.
It gained its national character by Muslim
participation largely through his influence.
In this the difference between his outlook and
that of Sir Syed Ahmad Khan, the other outstanding
the Two-Nation theory. This he did without abating
a jot of hid zeal for the advancement of the
backward Muslims; and it was most remarkable
that he succeeded in obtaining widespread non-Muslim
co-operation for it. His nationalism, absolute,
won their confidence. Among Muslims, Badruddin
was the first to create a secular political
consciousness; and nationally he was a pioneer
in making it the Indian ideal.
He was survived by five sons and eight daughters,
most of whom made a mark in public life.
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