''United States v. Bhagat Singh Thind'', 261 U.S. 204 (1923), was a case in which the Supreme Court of the United States decided that

Bhagat Singh Thind Bhagat Singh Thind (October 3, 1892 – September 15, 1967) was an Indian American writer and lecturer on spirituality who served in the United States Army during World War I and was involved in a Supreme Court case over the right of In ...

, an

India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...

n Sikh man who identified himself as an Aryan, was ineligible for naturalized citizenship in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

. In 1919, Thind filed a petition for naturalization under the

Naturalization Act of 1906 The Naturalization Act of 1906 was an act of the United States Congress signed into law by Theodore Roosevelt that revised the Naturalization Act of 1870 and required immigrants to learn English in order to become naturalized citizens. The bill w ...

which allowed only "free white persons" and "aliens of African nativity and persons of African descent" to become United States citizens by naturalization. After his petition was granted, government attorneys initiated a proceeding to cancel Thind's naturalization and a trial followed in which the government presented evidence of Thind's political activities as a founding member of the

Ghadar Party The Ghadar Movement was an early 20th century, international political movement founded by expatriate Indians to overthrow British rule in India. The early movement was created by conspirators who lived and worked on the West Coast of the Unite ...

, an

Indian independence movement The Indian independence movement was a series of historic events with the ultimate aim of ending British Raj, British rule in India. It lasted from 1857 to 1947. The first nationalistic revolutionary movement for Indian independence emerged ...

headquartered in

San Francisco San Francisco (; Spanish for " Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the fourth most populous in California and 17th ...

. Thind did not challenge the constitutionality of the racial restrictions. Instead, he attempted to be classified as a "free white person" within the meaning of the Naturalization Act based on the fact that Indians and Europeans share common descent from

Proto-Indo-Europeans The Proto-Indo-Europeans are a hypothetical prehistoric population of Eurasia who spoke Proto-Indo-European (PIE), the ancestor of the Indo-European languages according to linguistic reconstruction. Knowledge of them comes chiefly from ...

. Thind was represented by a fellow Indian American, Sakharam Ganesh Pandit, a

California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...

attorney. The Court unanimously rejected Thind's argument, adding that Thind did not meet a "common sense" definition of

white White is the lightest color and is achromatic (having no hue). It is the color of objects such as snow, chalk, and milk, and is the opposite of black. White objects fully reflect and scatter all the visible wavelengths of light. White o ...

, ruling that Thind could not become a naturalized citizen. The Court concluded that "the term 'Aryan' has to do with linguistic, and not at all with physical characteristics, and it would seem reasonably clear that mere resemblance in language, indicating a common linguistic root buried in remotely ancient soil, is altogether inadequate to prove common racial origin."

Background

had come to the United States in 1913 for higher studies after obtaining a bachelor's degree in India. He enlisted in the

United States Army The United States Army (USA) is the land warfare, land military branch, service branch of the United States Armed Forces. It is one of the eight Uniformed services of the United States, U.S. uniformed services, and is designated as the Army o ...

, became a Sergeant and served in the

First World War World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...

. He was discharged honorably with his character designated as "excellent". Thind was granted citizenship in the state of Washington in July 1918 but his citizenship was rescinded in just four days. He received his citizenship for the second time in the state of Oregon in November 1920 after the Bureau of Naturalization was unsuccessful in its efforts to stall it in Oregon court. The case then reached the Supreme Court, where Sakharam Ganesh Pandit, a California attorney and fellow immigrant, represented Thind.

Argument

Thind argued that

Indo-Aryan languages The Indo-Aryan languages (or sometimes Indic languages) are a branch of the Indo-Iranian languages in the Indo-European languages, Indo-European language family. As of the early 21st century, they have more than 800 million speakers, primarily ...

are indigenous to the Aryan part of India in the same way that Aryan languages are indigenous to Europe, highlighting the linguistic ties between Indo-Aryan speakers and Europeans, as most European languages including

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...

are similar to Indo-Aryan languages such as

Hindi Hindi ( Devanāgarī: or , ), or more precisely Modern Standard Hindi (Devanagari: ), is an Indo-Aryan language spoken chiefly in the Hindi Belt region encompassing parts of northern, central, eastern, and western India. Hindi has been ...

. Since the '' Ozawa v. United States'' court case had just decided that the meaning of white people for the purposes of the Court were people who were members of the Caucasian race, Thind argued that he was a white person by arguing that he was a member of the Caucasian race.Warnke, G. (2007). After Identity: Rethinking Race, Sex, and Gender. Cambridge University Press: New York. Thind argued using "a number of anthropological texts" that people in Punjab and other Northwestern Indian states belonged to the "Aryan race", and Thind cited scientific authorities such as

Johann Friedrich Blumenbach Johann Friedrich Blumenbach (11 May 1752 – 22 January 1840) was a German physician, naturalist, physiologist, and anthropologist. He is considered to be a main founder of zoology and anthropology as comparative, scientific disciplines. He ...

as classifying Aryans as belonging to the Caucasian race. Thind argued that, although some racial mixing did indeed occur between the Indian castes, the caste system had largely succeeded in India at preventing race-mixing. Thind argued that by being a "high-caste, of full Indian blood" he was a "Caucasian" according to the anthropological definitions of his day. Thind's lawyers argued that Thind had a revulsion to marrying an Indian woman of the "lower races" when they said, "The high-caste Hindu regards the aboriginal Indian

Mongoloid Mongoloid () is an obsolete racial grouping of various peoples indigenous to large parts of Asia, the Americas, and some regions in Europe and Oceania. The term is derived from a now-disproven theory of biological race. In the past, other terms ...

in the same manner as the American regards the

Negro In the English language, ''negro'' is a term historically used to denote persons considered to be of Black African heritage. The word ''negro'' means the color black in both Spanish and in Portuguese, where English took it from. The term can be ...

, speaking from a matrimonial standpoint." Thind's lawyers argued that Thind had a revulsion to marrying a woman of the Mongoloid race. This would characterize Thind as being both white and someone who would be sympathetic to the existing

anti-miscegenation laws in the United States In the United States, anti-miscegenation laws (also known as miscegenation laws) were laws passed by most states that prohibited interracial marriage, and in some cases also prohibited interracial sexual relations. Some such laws predate the e ...

Verdict

Associate Justice

George Sutherland George Alexander Sutherland (March 25, 1862July 18, 1942) was an English-born American jurist and politician. He served as an associate justice of the U.S. Supreme Court between 1922 and 1938. As a member of the Republican Party, he also repre ...

said that authorities on the subject of race were in disagreement over which people were included in the scientific definition of the Caucasian race, so Sutherland instead chose to rely on the common understanding of race rather than the scientific understanding of race. Sutherland found that, while Thind may claim to have "purity of Aryan blood" due to being "born in Village

Taragarh Talawa Taragarh Talawa is a village which now officially called Taragarh located at two kilometers from Jandiala Guru, Amritsar district, Punjab, India on the Grand Trunk Road, located at 31° 33' 41N 75° 1'36E at an altitude of 229 m (754 ft ...

near Jandiala Guru, Amritsar,

Punjab Punjab (; Punjabi: پنجاب ; ਪੰਜਾਬ ; ; also romanised as ''Panjāb'' or ''Panj-Āb'') is a geopolitical, cultural, and historical region in South Asia, specifically in the northern part of the Indian subcontinent, comprising a ...

", he was not Caucasian in the "common understanding", so he could not be included in the "statutory category as white persons". The Court reiterated its holding in '' Ozawa v. United States'', explaining that the words "free white person" in the naturalization act were "synonymous with the word 'Caucasian' only as that word is popularly understood," pointing out that the statutory language was to be interpreted as "words of common speech and not of scientific origin, ... written in the common speech, for common understanding, by unscientific men." Justice Sutherland wrote in his summary:United States v. Bhagat Singh Thind, Certificate From The Circuit Court Of Appeals For The Ninth Circuit., No. 202. Argued January 11, 12, 1923.—Decided February 19, 1923, United States Reports, v. 261, The Supreme Court, October Term, 1922, 204–215. The 1910

Encyclopædia Britannica The (Latin for "British Encyclopædia") is a general knowledge English-language encyclopaedia. It is published by Encyclopædia Britannica, Inc.; the company has existed since the 18th century, although it has changed ownership various t ...

entry on "

Hinduism Hinduism () is an Indian religion or '' dharma'', a religious and universal order or way of life by which followers abide. As a religion, it is the world's third-largest, with over 1.2–1.35 billion followers, or 15–16% of the global p ...

" that Justice Sutherland cites as his sole source for this history contradicts his conclusion about the Aryans of Thind's birthplace in the Punjab and explicitly refers to the Aryans of India as part of "the white race." The Court nonetheless also concluded that "the term 'Aryan' has to do with linguistic, and not at all with physical, characteristics, and it would seem reasonably clear that mere resemblance in language, indicating a common linguistic root buried in remotely ancient soil, is altogether inadequate to prove common racial origin." The Court argued that the exclusion of non-whites was based on the idea of racial difference rather than the idea that one race is superior or inferior to another race. The Court argued that the racial difference between Indians and whites was so great that the "great body of our people" would reject assimilation with Indians. In conclusion, the Court also noted that "Congress, by the Act of February 5, 1917, 39 Stat. 874, c. 29, § 3, has now excluded from admission into this country all natives of Asia within designated limits of latitude and longitude, including the whole of India," suggesting its intention that natives of India also be excluded from eligibility for naturalized citizenship.

Aftermath

As a result of the U.S. Supreme Court decision finding that no person of Indian origin could become a naturalized American, the first person from the Indian subcontinent to become an American citizen, A. K. Mozumdar, had his citizenship revoked. A decision on his appeal to the

Ninth Circuit Court of Appeals The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...

upheld that revocation. Not only were new applicants from India denied the privilege of naturalization, but the new racial classification suggested that the retroactive revocation of naturalization certificates granted to Asian Indians, of which there were many, might be supported by the Court's decision, a point that some courts upheld when United States attorneys petitioned to cancel the naturalization certificates previously granted to many Asian Indians. Up to fifty Indian-Americans had their citizenship revoked between 1923 and 1927 as a consequence of the Thind ruling. Even Thind's own lawyer, Sakharam Ganesh Pandit, was targeted for denaturalization. However, Pandit successfully argued before the

Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...

that revoking his citizenship would do him and his wife unfair harm under the

equitable estoppel Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel may prevent someone from b ...

doctrine. His citizenship was upheld, and the Bureau of Naturalization subsequently cancelled its pending

denaturalization Denaturalization is the loss of citizenship against the will of the person concerned. Denaturalization is often applied to ethnic minorities and political dissidents. Denaturalization can be a penalty for actions considered criminal by the stat ...

cases against Indian-Americans. Some of the consequences of revoked naturalized status are illustrated by the example of some Asian Indian landowners living in

who found themselves under the jurisdiction of the

California Alien Land Law of 1913 The California Alien Land Law of 1913 (also known as the Webb–Haney Act) prohibited "aliens ineligible for citizenship" from owning agricultural land or possessing long-term leases over it, but permitted leases lasting up to three years. It affe ...

. Specifically, Attorney General Ulysses S. Webb was very active in revoking Indian land purchases; in a bid to strengthen the

Asiatic Exclusion League The Asiatic Exclusion League (often abbreviated AEL) was an organization formed in the early 20th century in the United States and Canada that aimed to prevent immigration of people of Asian origin. United States In May 1905, a mass meeting was h ...

, he promised to prevent Indians from buying or leasing land. Under intense pressure, and with

Immigration Act of 1917 The Immigration Act of 1917 (also known as the Literacy Act and less often as the Asiatic Barred Zone Act) was a United States Act that aimed to restrict immigration by imposing literacy tests on immigrants, creating new categories of inadmissib ...

preventing fresh immigration to strengthen the fledgling Indian-American community, many Indians left the United States, leaving only half their original American population, 2,405, by 1940. Thind petitioned for naturalization a third time in 1935 after the Congress passed the Nye-Lea Act, which made World War I veterans eligible for naturalization regardless of race. Based on his status as a veteran of the United States military during World War I, he was finally granted United States citizenship nearly two decades after he first petitioned for naturalization. As public support for Asian Indians grew throughout

World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...

, and as India's independence came closer to reality, Indians argued for an end to their legislative discrimination. The repeal of Chinese exclusion laws in 1943 and the granting of naturalization privileges to Chinese encouraged Asian Indians to hope for similar gains. Hurdling over many members of Congress and the American Federation of Labor, which vehemently opposed removing legislative measures barricading Indian immigration and naturalization, the Asian Indian community finally succeeded in gaining support among several prominent congressmen, as well as President

Franklin D. Roosevelt Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...

. The support culminated in the signing into law by President Truman on July 2, 1946, of the Luce–Celler Act. This Act reversed the Thind decision by explicitly extending racial eligibility for naturalization to natives of India, and set a token quota for their immigration at 100 per year.

References

External links