Vol. 14, Part I · pages 401–405

DR. AMBEDKAR AND THE HINDU CODE BILL 383 him to quote that instance, but may I quote the other instance where there are 12 daughters and one son. What will happen if the Hindu Code Bill as it stands is applied in this case ? The family property will have to be divided among all the daughters and one son. The son will be left in a little corner of the house, and if the daughters get married, they have got the right to bring their husbands and they have the right to dispose of the portion of the House to a stranger. Therefore the one little son like a little mouse will creep here and there and he would not have even a comfortable cosy corner to live in. Therefore, Sir, this question of property is a very vexed question and we might consider whether a daughter instead of getting the property herself, whether she might not be allowed an equivalent share of the property in cash or jewellery, or whatever she might choose to have, as it was done in ancient times and in Vedic times. There was no property share at the time of marriage but she was given ample dowry in leu of the share of the property. The Assembly then adjourned for Lunch till Half Past Two of the Clock. The Assembly re-assembled after Lunch at Half Past Two of the Clock. Mr. Chairman (Shri S. V. Krishnamoorthy Rao) in the Chair. Mr. Chairman : Before we begin the debate, I would like to make a suggestion. There are about 25 names on the list. This is a very important measure and as many speakers as possible would like to give their views on the Code. Therefore, I would request honourable Members to be as brief as possible and refer only to the relevant points for or against the Bill. Babu Ramnarayan Singh (Bihar: General): Sir, my name also may be included in the list. Shri B. Das (Orissa : General): I did not know that I had to send in my name; I thought I would catch the eye of the Speaker. Mr. Chairman : That is why I am telling honourable members to be as brief as possible and refer only to the salient points for or against the Bill. Members who want to speak may kindly send chits. Mr. Tajamul Husain (Bihar : Muslim): May I know, Sir, whether my name is in the list ? I spoke to the Deputy Speaker yesterday on Friday last.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES384 Mr. Chairman : No harm in sending a fresh slip. Shri H. V. Kamath : Sir, before I resume the thread of my little speech, I may assure you that I shall take much less lime than my honourable friend, Pandit Thakur Das Bhargava did. Mr. Chairman : You have already taken an hour. Shri H. V. Kamath : I said less lime than my honourable friend Pandit Thakur Das Bhargava. I was speaking about property: me basis for the allotment of property, was the principle which was expressed by Kanwa after he bade farewell to Shakuntala. Kanwa said: “Artho hi kanya parakiya eva tamadya sampreshya parigrahituh jato mamayam visliadah prakamam pratyarpiiaryasa ivantaratmo.” The first line, “Artho hi kanya” does not mean, as has been literally translated, that a girl is somebody else’s property. It means that a girl separates herself from the father’s home when she gets married. It was on this basis that she goes into another household that in olden times. Vedic and later times, that a daughter was given no interest in the property, but ample dowry was given. Again, in the Vedic and later Smriti times, only when a father had no son, he appointed his daughter as the Putrika and such a daughter was equal to the son. This principle can very well be considered by our new law makers. They may try to incorporate the gist of this principle in the Code. I wish agricultural property were completely excluded as it has been already excluded so far as the Governors’ provinces are concerned. I refer to Part VII Chapter I. Section 94 says: “This Part shall not apply to agricultural land in Governors’ Provinces;” Already, there is a cry against the fragmentation of land. We may hasten slowly in this regard so that this may not lead to further aggravation of this evil. As a matter of fact, if the entire land is nationalised, then no difficulty will arise; so long as this question is hanging fire and is not finally settled, we may decide to exclude agricultural land not merely in the Governors’ provinces, but also in the Centrally administered areas from the operation of this Part. Now, I come to the great question which has agitated humanity from the dawn of time: I mean that of marriage and divorce. On this question, the principle that we should go by, that should be accepted in legislating on this subject must be, to my mind, “Marriage should be easy, but divorce difficult.” I think if this sound rule were adopted for law making, it would solve many of our troubles.

DR. AMBEDKAR AND THE HINDU CODE BILL 385 Sardar Bhopinder Singh Man (East Punjab : Sikh): In your case, marriage is more difficult than divorce. Shri H. V. Kamath : There are always exceptions to a rule ; I suppose I am one of them. If I may be allowed to quote a recent historic instance, der Feuhrer Herr Hitler in Germany, when he fought the election in 1932, one of his election slogans was, “a job for every German man and a husband for every German woman”. This slogan brought him, I understand, millions of women’s votes, when he promised a husband for every German woman. This proves to the hilt the principle that I have sought to place before you that marriage should be easy and divorce difficult. My honourable Friend Pandit Thakur Das Bhargava, the other day, while speaking on this subject retered to this and said that there are usages and customs in various parts of the country according to which divorce could be effected. There is even this simplest custom, I am told, according to which the man says ‘Talak’ three times and the wife is divorced. It may be that or some such custom ; I do not know; that is why I said, I am told. I personally think that divorce should not be easy. One of the modern States, Soviet Russia, at its inception in the early twenties of this century, made marriage as well as divorce equally easy. But, by experience they have learnt that family as a social unit has got to be preserved and strengthened even in a communist State and therefore now, though marriage is easy, divorce is next to impossible. I therefore think, however much I am inclined to agree with Pandit Thakur Das Bhargava that certain usages and customs must be given currency and must be kept alive, as regards divorce, I think that the procedure adopted must be very difficult, so that, the family as a social unit may be strengthend and preserved. There is one more observation that I would like to make on this subject. There are instances, Sir, where due to certain causes, a dissolution of marriage may not be quite desirable or may not even be agreed to by one of the spouses : by the husband or by the wife. In such cases, where the wife agrees that the husband may marry another wife, herself also living in the same or another house. I do not see any reason why, in spite of the reasons mentioned here, permission should not be granted to either of the spouses to marry when the other consents, without dissolution of marriage. In Delhi, we are aware of one notability who has got several wives living at the same time, though perhaps in different houses.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES386 An Honourable Member : Who is that ? Shri H. V. Kamath : No names here please. Mr. Tajamul Husain : I have not been able to understand ; does my honourable friend agree with polyandry ? Shri H. V. Kamath : I will only say that Mr. Tajamul Hussain : Only an unmarried man can say so. Shri H. V. Kamath : Sometimes, where a couple has been married for a long time, the Hindu mind cannot reconcile itself to the breaking of marriage ties with the wife even though the purpose of marriage is being frustrated. Therefore from the standpoint of love and humanity the new Code should provide, in my mind that on such an occasion a husband can get permission from his wife to marry another wife, and if she consents then the Court should not stand in the way. But the ideal of marriage as has been stated by Pandit Thakurdas Bhargava should be one in property and love. I shall go further and say that there should be two minds with but a single thought, two hearts that beat as one. Shrimati Hansa Mehta (Bombay: General): In Polygamy there will be more than two hearts. Shri H. V. Kamath : I am not against polyandry if the husband does not mind it. Shrimati Purnima Banarjee : Very liberal ! Shri H. V. Kamath : I take my stand on the principle of equality and I go to the extreme limit for both man and woman. It has been a regretable incident or development of our history—our long and ancient Hindu history—that whatever rights women enjoyed in the early Aryan Age—the Vedic, Upanishad and Smriti age—these rights fell into disuse and were not given effect to in the later medieval age. I hope that this Code will so work that women, whose paradise was lost in the dark medieval age, paradise they will regain in the modern age. I have received a little warning from a friend outside, telling me in the name of God, in the name of Mahatma Gandhi, the Father of the Nation, in the name of Netaji Subhas Chandra Bose, please do not vote for this Bill. That very argument, I think, very well applies to a vote in favour of the Bill. I can say ................ Shri B. L. Sondhi (East Punjab: General): Is mat friend male or female ?

DR. AMBEDKAR AND THE HINDU CODE BILL 387 Shri H. V. Kamath : I can say, I make bold to say that in the name of God who has created man and woman equal; in the name of the Mahatma, the Father of the Nation, who stood for the complete equality of man and woman; in the name of Netaji Subhas Chandra Bose, who sought and accomplished the complete emancipation of man and woman to the extent of calling women to battle if need be ; in the name of God, in the name of Gandhi, in the name of Subhas, I think this Bill is a forward measure which will lead to the greater glory of Hindu society. I have only one more remark to make. My honourable Friend, Dr. Ambedkar, said the other day in his peroration that either repair betimes or perish. We have to repair. Indeed we are repairing. I think the time has well-nigh come when, if we do not repair, then society will be rent in twain. A stitch in time will always save nine : otherwise the rent will grow more and more till society will be rent in twain. I began, Sir, on Friday, the day before Maha Shivaratri and I am closing my brief remarks on the day after Maha Shivaratri. This day is sacred to the memory of one of the great women of the age—Mahasati Ma Kasturba and it is sacred to the memory of another great man—Swami Dayananda Saraswati. I hope their sprits—the spirits of Ma Kasturba and Swami Dayananda Saraswati—will inspire us in our work and help us in our difficult task. It is my hope and prayer to God that man and woman may travel together as pilgrims of life, dedicating themselves and consecreating their lives to the achievement of artha and kama, the artha and kama which are rooted in Dharma and which lead to the goal of moksha, the liberation from bondage, the goal of the Living God, in whom we live and move and have our being, and in whom all men, all women, all Creation, are equal, free and divine. gfjvks¿e~ rRlr~ A czªkiZ.keLrq Mr. Naziruddin Ahmad (West Bengal: Muslim): May I point out that I am getting more and more like an anachronism. ‘I have undertaken the task of opposing the original motion but I have not spoken up till now. It may be that the proper time I will be squeezed out. There are too many speakers to come. To-morrow at four o’clock I understand the closure motion will be put. Mr. Chairman : It is impossible to squeeze out Mr. Naziruddin Ahmad. The honourable Member will have a chance. Mr. Jhunjhunwala. Shri B. P. Jhunjhunwala (Bihar : General): I would like to speak at another time.