Vol. 14, Part I · pages 11–15

EDITORIAL Present volume contains speeches of Dr. Ambedkar in the codification of the Hindu Law. The Bill to amend and codify certain branches of the Hindu Law was referred to the Select Committee consisting of eminent jurists and parliamentarians viz. Sir Alladi Krishnaswami Ayyar, Dr. Bakshi Tek Chand, Shri H. V. Kamat, Smt. G. Durgabai and many others. The list of the members of the Select Committee reads like the directory of eminent Indians. Before the Hindu Succession Act, 1956 and the Hindu Marriage Act 1955 of which the Bill is a precurser, the Hindu Law was uncodified in a large measure, though certain branches of it were the subject of legislative intervention viz. Hindu Women’s Right to Property Act, 1937. Scattered to innumerable decisions of the Indian High Courts and also of the Privy Council, it was a source of legislation and therefore, it was necessary to give a definite shape and form to the Hindu Law by consolidation and codification. The principles of codification covered (1) right to property, (2) order of succession to the property, (3) maintenance, marriage, divorce, adoption, minority and guardianship. The two schools of Hindu Law viz. Mitakshara and Dayabhag, created and sustained inequality. The Mitakshara school treated the property of the Hindu as belonging to a co-parcenary in which by reason of birth sons, grand-sons and great-grand sons had interest. The property passed by survivorship under Mitakshara whereas Dayabhag recognised the rule of personal interest and capacity to dispose of the property having interest in it. Further the Bill had the object of making the widow, the daughter and the widow of a pre-deceased son eligible to inherit property.

It is not fair to reproduce the reasons for introduction of the Bill nor it is necessary to refer to the provisions of the law relating to marriage and divorce as the reader will find them competently explained in the speeches of the distinguished members who along with Dr. Ambedkar contributed to the enfranchisement of women in the Indian sub-continent. Dr. Ambedkar himself had explained lucidly the reasons for consolidation and codification. The chaotic condition of the Hindu Law was reduced to neat propositions in the form of judicial prenouncements and codification was the legislative recognition of the judge made law. ‘Law must be stable and yet it must change to answer the felt needs of changing times’, to paraphrase the words of Benjamin Nathan Cardoze in his ‘Nature of judicial process’. The unanimous approval of the Constituent Assembly to the principles of the Bill is as much a tribute to the forensic skills of Dr. Ambedkar as to the training and temperament of those who were the members of the Constituent Assembly. The principles of the Bill are in harmony with the constitutional philosophy of equality of men and women. Needless to add that the Bill was a part of social engineering via law. It was by the standard of the time a revolutionary measure. The debates in the Constituent Assembly provoked sharp reactions. However, by providing such sharp reactions, freedom of speech fulfilled its high purpose viz. to invite discussions and to raise disputes. Now that the dispute is over and women have become as assertive as men, if not more, younger generation may find delightful reading and may well imagine what blessings of freedom they enjoy under our noble Constitution. Though the proposal for consolidation and codification of the Hindu Law passed through opposition, eventually it came to be approved and applauded. This could be possible as there was sustained attempt to educate public opinion and to ameliorate the condition of (viii) DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

women. A list of the Acts modifying the Hindu Law relating to women would be instructive :— (1) The Caste Disabilities Removal Act, 1850. (2) The Hindu Widow Remarriage Act, 1856. (3) The Indian Succession Act, 1925. (4) The Native Convert’s Marriage Dissolution Act, 1866. (5) The Transfer of Property Act IV of 1882 as amended by Act XX of 1929. (6) The Indian Majority Act, 1875. (7) The Guardian and Wards Act, 1890. (8) The Transfer of Property (Amendment) Supplementary Act XXI of 1929. This Act amends the Madras Act of 1914 and 1921 and the Hindu Disposition of Property Act, 1916 which related to transfers and bequests in favour of unborn person. (9) The Hindu Gains of Learning Act, 1930. This Act makes all acquisitions by means of learning the separate property of the acquirer. (10) The Hindu Women’s Rights to Property Act XVIII of 1937. So also it may be noted that the Indian Evidence Act, 1872, supersedes the rules of the Hindu Law of Evidence. The Indian Penal Code, 1859 supersedes the whole of the Hindu Criminal Law. The passing of the measure by the Parliament was, therefore, the slow but sure effect of these legislative measures and was part of the social engineering which found its fulfilment in the Indian Constitution. This volume comprises complete debate on the Hindu Code Bill introduced by Dr. B. R. Ambedkar in the Constituent Assembly on 11th April 1947. The Bill was moved for referring to the Select Committee on 9th April 1948. This was followed by debate which continued for more than 4 years and still remained inconclusive. In the words of Dr. Ambedkar, it was EDITORIAL (ix)

killed and died unusept and unsung. This was probably the longest discussion on any single Bill in the free India’s Parliament. Dr. Ambedkar felt that the Government and the party in power i.e. Congress were not eager to clear the Hindu Code. He, therefore, tendered his resignation on 27th September 1951 to the Prime Minister Pandit Jawaharlal Nehru but continued to participate in the Parliamentary debates till 10th October 1951 on the request of the Prime Minister. In his letter he expressed that he attached greatest importance to the Hindu Code Bill and would be prepared to undergo any strain on his health to get the Bill through. He wanted the Bill to be takenup on top priority basis on 16th August and be finished by the 1st of September 1951. However, the opponents of the Hindu Code continued obstructive tactics and delayed the passing of the Bill. Dr. Ambedkar ultimately submitted his statement of resignation on 10th October and left the House in anguish. The whole discussion on the Hindu Code right from its introduction in the Constituent Assembly till 10th October 1951 is divided into 4 sections in this Book. Section I consists of the introduction of the Bill for referring it to the Select Committee. Dr. Ambedkar’s speech explaining the salient features and the speeches of Dr. Pattabhi Sitarammaya, Naziruddin Ahmad, Smt. Hansa Mehta, Shri Ram Sahay, Dr. B. V. Keskar, Begum Aizaz Rasul and Shri R. K. Chaudhary are also included. This part covers discussion between 17th November 1947 to 9th April 1948. Second section of this volume is the draft Hindu Code as prepared by Dr. Ambedkar and the then existing Hindu Code as amended by the Select Committee. This is presented here with a view to have a glimpse of Dr. Ambedkar’s original idea about the reform of the basic structure of the Hindu Law. Third Section comprises general discussion on the Hindu Code. Some members questioned the authority of the Constituent Assembly to pass this radical legislation, some (x) DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

objected to the reform of divorce and women’s right to inherit property and some discarded the Bill totally as interference in the religious matters of the Hindu Society. However, progressive elements in the Assembly supported the move and praised Dr. Ambedkar for his courageous measure. The fourth section covers the clausewise discussion on the Hindu Code Bill. Although the volume is part of Dr. Ambedkar’s writings, his attempt for reforming the Hindu Society through the introduction of Hindu Code is the most important event of his life. Discussion on the Hindu Code and Dr. Ambedkar’s role played through the debates thereon are very useful for the students of Socio-religious study of the Hindu Society. The members of the Committee therefore felt that the whole discussion should be brought out in this volume rather than mere speeches of Dr. Ambedkar alone. It is hoped that this compilation will be useful to the scholars, laymen and the historians alike to appreciate the freedom now available to different sections of the Hindu society. This note will be incomplete without placing on record my grateful thanks to: * Principal Manohar Joshi, the Chief Minister of Maharashtra and Shri Dattatraya Rane, Minister for Higher Education, Maharashtra State, who have shown keen interest in the thought of Dr. Babasaheb Ambedkar and encouraged this project; and * Shri Navjeevan Lakhanpal, Secretary, Higher and Technical Education, Government of Maharashtra, whose guidance and encouragement has been always of a great help ; The work of Editing of this volume has been made possible by the ready help, support and co-operation I have received : * From Shri P. S. Bhogal, Director and Shri E. R. D’Souza, Archivist of the State Archives Department, Bombay, as well EDITORIAL (xi)