Vol. 13 · pages 961–965

928 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES stability of the Government”. “Government” and “State” are different things. The Honourable Dr. B. R. Ambedkar : That is the reason why I have accepted it. Mr. Naziruddin Ahmad : But, Sir, he has not made it clear as to why he has accepted it The Honourable Dr. B. R. Ambedkar : I have said that “security of the State” is the proper expression. So there is no necessity of an argument. Mr. Vice-President : The amendment proposed by the honourable Member having been accepted, there is no need for elaborate arguments. Mr. Naziruddin Ahmad : But the House should know. Why should there be so much nervousness about the exposure of bad drafting? That is the point. The Honourable Dr. B. R. Ambedkar : If my honourable Friend is satisfied with an admission on my part that I have made a mistake I am prepared to make it. Mr. Naziruddin Ahmad : It should be appreciated not merely by the House but by the world at large. Drafted as it is, “stability of the Government” may mean insecurity of the Ministry for which they might imprison the opposition. The Honourable Dr. B. R. Ambedkar : Very well, we have bungled. Is that enough? ***** *The Honourable Dr. B. R. Ambedkar : Sir, the amendment as amended has to be put and not as in the Notice Paper. Mr. Vice-President: I will now put amendment No. 124 as revised by Dr. Ambedkar. The question is : “That after entry 2 of List III, the following entry be inserted :— ‘2-A. Preventive-detention for reasons connected with the security of the State and the maintenance of public order and services or supplies essential to the life of the community; persons subjected to such detention.’ ” (The motion was adopted.) Entry 2-A, as amended, was added to the Concurrent List. ENTRY 3 †The Honourable Dr. B. R. Ambedkar : Sir, I move: “That for entry 3 of List III, the following entry be substituted :— *CAD, Vol. IX, 3rd September 1949, p. 831. †Ibid., p. 931.

929DRAFT CONSTITUTION ‘3. Removal from one State to another State of prisoners, accused persons and persons subjected to preventive detention for reasons specified in entry 2A of this List.’ ” Mr. Naziruddin Ahmad : I am not moving amendment No. 291. Mr. Vice-President : Amendment No. 292. The Member is not present and the amendment is not therefore moved. I will put Dr. Ambedkar’s amendment to vote. [The amendment was adopted. Entry 3, as amended, was added to the Concurrent List.] ENTRY 4 *The Honourable Dr. B. R. Ambedkar : I Move : “That in entry 4 of List III, the words and figures ‘for the time being specified in Part I or Part II of the First Schedule’ be deleted.” [Entry 4 as amended, by Dr. Ambedkar’s amendment was added to the Concurrent List.] ENTRY 6 ***** †The Honourable Dr. B. R. Ambedkar : Sir, there can be no doubt that the amendment of my honourable Friend, Dr. Deshmukh, in so far as it seeks to interpolate certain words dealing with the protection of children in entry 6 are out of place because entry 6 no doubt refers to infants and minors, but it has to be borne in mind that taking the entry as a whole, that entry deals with status. In so far as the status of infants and minors are concerned, these categories are included in entry 6, but “care and protection of destitute and abandoned children and youth” are not germane to their status. Dr. P. S. Deshmukh : That was exactly why I had wanted to introduce an independent entry. There is an amendment already in my name which seeks to have an additional entry separately. The Honourable Dr. B. R. Ambedkar : I was just going to deal with the amendment moved by him. These words could not be interpolated in this entry 6, without seriously damaging the structure of that entry No. 6. Therefore at this stage I certainly cannot accept the proposition of interpolating these words. Now, Sir, I will deal with the general question of the protection of children. There can be no doubt about it that every Member in the House including myself and the members of the Drafting Committee could ever take any exception to the protection of children being provided for by the *CAD, Vol. IX, 3rd September 1949, p. 931. †Ibid., pp. 935-936.

930 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES State, and there can by no difference of opinion; but the only question is whether in the list as framed by the Drafting Committee that matter is not already covered. In framing these entries, what we have done in to mention and categorize subjects of legislation and not the objects of purposes of legislation. Protection of children is a purpose which a legislature is entitled to achieve if in certain circumstances it thinks that it must do so. The question is whether under any of these entries, it would not be possible for the State to achieve that purpose, namely, the protection of children. It seems to me that any one of these entries which are included in List II could be employed by the State for the purpose of framing laws to protect children. For instance, under entry 2 of List II, administration of justice, it would be open for the State to establish juvenile courts for children. Dr. P. S. Deshmukh : That is not what I meant. I never referred to juvenile Courts. The Honourable Dr. B. R. Ambedkar : For instance, take prisons and reformatory and Borstal institutions, they may be empowered to establish special kinds of prisons where there would be, not the principle of punishment, but the principle of reformation. Take the case of education. Shrimati G. Durgabai : May I submit, Sir, the case of delinquent children stands absolutely on different footing and from destitute and abandoned children? The Honourable Dr. B. R. Ambedkar : As I was saying entry 18, which deals with education in List II, could be used by the State for the purpose of establishing special kinds of schools for children including even abandoned children. Under entry 42, dealing with the incorporation of societies and so on, it would be open to the State to register societies for the purpose of looking after children or they may themselves start some kind of corporation to do this. Therefore, if my friends contend that the statement, which I am making in all sincerity, that there is every kind of provision which the State may make for the purpose of protecting children under the entries which are included in List II, I think there is no purpose, in having a separate entry dealing with the protection of children. As I stated, protection of children cannot be a subject of legislation; it can be the object, purpose of legislation. Dr. P. S. Deshmukh : You have made provision for the protection of wild birds, even! The Honourable Dr. B. R. Ambedkar : I can quite see both of my Friends are very persistent in this matter. I would therefore request them

931DRAFT CONSTITUTION to withdraw their amendment on the assurance that the Drafting Committee in the revising stage will go into the matter and if any such entry can be usefully put in any of the Lists, they will consider that matter and bring a proposal before the House. At this stage, I find it rather difficult to accept it because I have not had sufficient time to devote myself to a full consideration of the subject which is necessary before such an entry is introduced. Mr. Vice-President : Does Dr. Deshmukh wish to press his amendment? Dr. P. S. Deshmukh : I would like to request Dr. Ambedkar at least to say that by the time my next amendment for in independent entry is reached, he will be able to say something more favourable than he has been able to say now. The Honourable Dr. B. R. Ambedkar : I will consider the whole matter. [The amendment was withdrawn. Entry 6 was added to the Concurrent List.] ENTRY 15 *The Honourable Dr. B. R. Ambedkar : Sir, I move : “that for entry 15 of List III, the following entry be substituted :— ‘15. Actionable wrongs’.” The words which I seek to omit are really unnecessary. (The motion was adopted. Entry 15 as amended was added to the Concurrent List.) ***** NEW ENTRY 17-A †The Honourable Dr. B. R. Ambedkar : Sir, I move : “That after entry 17 of List III, the following entry be inserted :— ‘17-A. Vocational and technical training of labour’.” [Entry 17-A as amended was added to the Concurrent List.] ENTRY 20 ‡The Honourable Dr. B. R. Ambedkar : Sir, I move: “That for entry 20, the following entry be submitted: ‘20. Drugs and poisons, subject to the provisions in entry 62 of List I with respect to opium’.” (Mr. Kamath did not move his amendment.) (The amendment was adopted.) (Entry 20, as amended, was added to the Concurrent List.) *CAD, Vol. IX, 3rd September 1949, p. 937. †Ibid., p. 939. ‡Ibid., p. 939.

932 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES ENTRY 21 The Honourable Dr. B. R. Ambedkar : Sir, I move : “That for entry 21 of List III, the following entry be substituted:— ‘21. Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied’.” (The amendment was adopted.) Entry 21, as amended, was added to the Concurrent List. NEW ENTRY 25-A *The Honourable Dr. B. R. Ambedkar : Sir, I move : “That after entry 25 of List III, the following new entry be inserted :— ‘25-A. Vital statistics including registration of births and deaths’.” [The motion was adopted. Entry 25A was added to the Concurrent List.] ENTRY 26 †The Honourable Dr. B. R. Ambedkar: Sir, I beg to move : “That for entry 26 of List III the following entry be substituted :— ‘26, Welfare of labour including conditions of work, provident funds, employers liability, workmen’s compensation, invalidity and old age pensions and maternity benefits’.” [The amendment was adopted. Entry 26, as amended, was added to the Concurrent List.] NEW ENTRY 26-A ***** ‡The Honourable Dr. B. R. Ambedkar : Sir, I move : “That after entry 26 of List III, the following entry be inserted :— ‘26-A. Social insurance and social security’.” (Entry 26-A was added to the Concurrent List.) NEW ENTRY 26-B ***** #The Honourable Dr. B. R. Ambedkar : Sir, may I explain? There seems to be a certain amount of confusion and misunderstanding about the entries in the List. With regard to my Friend Dr. Deshmukh’s amendment, he wants welfare of peasants, farmers and agriculturists of all sorts. Well, I would like to have some kind of a clear conception of what these omnibus words, “agriculturists of all sorts” mean. Does he want that the State should also undertake the Welfare of zamindars who pay Rs. 5 lakhs as land revenue? *CAD, Vol. IX, 3rd September 1949, p. 940. †Ibid., p. 940. ‡Ibid., p. 940. #Ibid., p. 944.