Vol. 14, Part I · pages 126–130

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES108 Explanation.—For the purposes of this section, a wife shall be deemed to be incapable of giving consent if she is of unsound mind or has not attained the age of eighteen years. (58) (59) 55. Capacity of widow to take in adoption. —(1) Any Hindu widow who is of sound mind and has completed the age of eighteen years has the capacity to take a son in adoption to her husband. Provided that— (a) her husband has not * * * * prohibited her from adopting, and (b) her power to adopt has not terminated. (2) Nothing in sub-section (1) shall be deemed to prevent a Hindu widow who has not completed the age of eighteen years from adopting a boy named by her husband in any authority conferred on her in the manner hereinafter provided. (60) 56. Authority or prohibition in regard to adoption. —(1) Any male Hindu who has the capacity to take a son in adoption as aforesaid may authorise his wife to adopt a son to him after his death, or prohibit her from doing so. (2) Where there are more wives than one, the authority may be given to, or the prohibition imposed on, any or all of them. (3) Where a Hindu who has left two or more widows, has expressly authorised any one or more of them to adopt a son, he shall be deemed to have prohibited the others from adopting. (61) 57. Manner of giving authority or imposing prohibition or revoking the same. —(1) No authority to adopt, and no prohibition of adoption, shall be valid unless given or imposed by an instrument registered under the Indian Registration Act, 1908 (XVI of 1908), or by a will executed in accordance with the provisions of section 63 of the Indian Succession Act, 1925 (XXXIX of 1925). (2) Any authority or prohibition so given or imposed may be revoked

DR. AMBEDKAR AND THE HINDU CODE BILL 109 either by an instrument registered, or a will executed, as aforesaid. (3) If the authority or prohibition is given or imposed by a will, it may also be revoked in any of the other modes set out in section 70 of the Indian Succession Act, 1925 (XXXIX of 1925), as modified by Schedule III to that Act. 55. Capacity of widow to take in adoption. —(1) Any Hindu widow who is of sound mind and has completed the age of eighteen years has the capacity to take a son in adoption to her husband; Provided that— (a) her husband has not expressly or impliedly prohibited her from adopting ; and (b) her power to adopt has not terminated. (2) Nothing in sub-section (1) shall be deemed to prevent a Hindu widow who has not completed the age of eighteen years from adopting a boy named by her husband in any authority conferred on her in the manner hereinafter provided (59) 56. Authority or prohibition in regard to adoption. — (1) Any male Hindu who has the capacity to take a son in adoption as aforesaid may authorise his wife to adopt a son to him after his death, or prohibit her from doing so. (2) Where there are more wives than one, the authority may be given to, or the prohibition imposed on, any or all of them. (3) Where a Hindu who has left two or more widows, has expressly authorised any one or more of them to adopt a son, he shall be deemed to have prohibited the others from adopting. (60) 57. Manner of giving authority or imposing prohibition or revoking the same .—(1) No authority to adopt, and no prohibition of adoption, shall be valid unless given or imposed by an instrument registered under the Indian Registration Act, 1908 (XVI of 1908), or by a will executed in accordance with the provisions of section 63 of the Indian Succession Act, 1925 (XXXIX of 1925). (2) Any authority or prohibition so given or imposed may be revoked either by an instrument registered, or a will executed, as aforesaid. Part VI sec. 5(2), page 24. Part VI, sec. 6, page 24. Part VI, sec. 7, page 24,

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES110 (3) If the authority or prohibition is given or imposed by a will, it may also be revoked in any of the other modes set out in section 70 of the Indian Succession Act, 1925 (XXXIX of 1925), as modified by Schedule III to that Act. (61) (62) 58. Right to adopt as between two or more widows.— Where a Hindu has left two or more widows with capacity to take a son in adoption to him, the right to adopt is determined as between them in accordance with the following provisions :— (a) If he has granted to all or any of them authority to adopt, indicating the order of preference in that behalf, the right to adopt shall follow that order. (b) If he has given no such indication, the right to adopt shall follow the order of the seniority of the widows to whom authority has been granted, as determined by section 59. (c) If he has neither authorised nor prohibited an adoption, the right to adopt shall follow the order of the seniority of the widows as determined by section 59. (d) A widow having the right to adopt under clause (b) or clause (c) may renounce it in favour of the next senior widow by a registered instrument, if she does not so renounce it and if, without just cause, she either refuses, or fails within a reasonable time, to exercise her right when called upon to do so by the next senior or any other widow, the right shall pass to the next senior widow, mid so on down to the last widow in the order of seniority (63) 59. Seniority among wives and widows. —For the purpose of this Part, seniority among the wives or widows of a person is determined by the order in which they were married to him, the woman who was married earlier being reckoned senior to the woman who was married later.

DR. AMBEDKAR AND THE HINDU CODE BILL 111 (64) 60. Widow’s right to adopt not exhausted by previous exercise. — A widow may, subject to the provisions of this Part, adopt several sons in succession, one after the death of another, unless the authority, if any, conferred upon her by her husband otherwise provides. 58. Right to adopt as between two or more widows.— Where a Hindu has left two or more widows with capacity to take a son in adoption to him, the right to adopt is determined as between them in accordance with the following provisions:— (a) If he has granted to all or any of them authority to adopt, indicating the order of preference in that behalf, the right to adopt shall follow that order. (b) If he has given no such indication, the right to adopt shall follow the order of the seniority of the widows to whom authority has been granted, as determined by section 59. (c) If he has neither authorised nor prohibited an adoption, the right to adopt shall follow the order of the seniority of the widows as determined by section 59.; (d) A widow having the right to adopt under clause (b) or clause (c) may renounce it in favour of the next senior widow by a registered instrument, if she does not so renounce it and if, without just cause, she either refuses, or fails within a reasonable time, to exercise her right when called upon to do so by the next senior or any other widow, the right shall pass to the next senior widow, and so on down to the last widow in the order of seniority. (62) 59. Seniority among wives and widows. —For the purpose of this Part, seniority among the wives or widows of a person is determined by the order in which they were married to him, the woman who was married earlier being reckoned senior to the woman who was married later. (63) Part VI, sec. 8, page 25. Part VI, sec. 9, page 25. Part V, sec. 10, page 25.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES112 60. Widow’s right to adopt not exhausted by previous exercise .—A widow may, subject to the provisions of this Part, adopt several sons in succession, one after the death of another, unless the authority, if any, conferred upon her by her husband otherwise provides. (64) (65) 61. Termination of widow’s right.—(1) A widow’s right to adopt terminates— (a) when she remarries, or (b) when any Hindu son of her husband dies leaving him surviving a Hindu son, widow or son’s widow, or (c) if she ceases to be a Hindu. Explanation.—In this sub-section, son means a son, son’s son, or son’s sons’s son, whether by legitimate blood relationship or by adoption. (2) The widow’s right to adopt shall not revive after it has once terminated. (66) Capacity to give in adoption 62. Persons capable of giving in adoption. —(1) No person except the father or mother of the boy shall have the capacity to give the boy in adoption. (2) Subject to the provisions of clauses (b) and (c) of sub-section (3), the father, if alive, shall alone have the right to give in adoption, but such right shall not be exercised save with the consent of the mother where she is capable of giving consent. (3) The mother may give the boy in adoption— ’ (a) if the father is dead, (b) if he has completely and finally renounced the world in any of the modes set forth in sub-section (1) of section 110 of Part VII, (c) if he has ceased to be a Hindu, or (d) if he is not capable of giving consent: Provided that the father has not prohibited her from doing so by an instrument registered under the Indian Registration Act, 1908 (XVI of 1908), or by a will executed in accordance with the provisions of section 63 of the Indian Succession Act, 1925 (XXXIX of 1925). (4) The father or mother giving a boy in adoption must be of sound mind and must have completed the age of eighteen years.