Vol. 14, Part I · pages 66–70

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES48 [A S PROPOSED TO BE FURTHER AMENDED ] (Changes to be made are underlined or side-lined and portions to be omitted are shown by asterisks ) A Bill to amend and codify certain branches of the Hindu Law * * * * * BE it enacted by Parliament as follows :— PART I—PRELIMINARY 1. Short title and extent * * *.—(1) This Act may be called the Hindu Code, 1950 (2) It extends to the whole of India except the State of Jammu and Kashmir * * * * *

DR. AMBEDKAR AND THE HINDU CODE BILL 49 [AS PROPOSED TO THE SELECT COMMITTEE ] A BILL to amend and codify certain branches of the Hindu Law WHEREAS it is expedient to amend and codify certain branches of the Hindu Law as now in force in the Provinces of India; It is hereby enacted as follows ;— PART I—PRELIMINARY 1. Short title, extent and commencement. —(1) This Act may be called the Hindu Code, 1948. (2) It extends to all the Provinces of India. (3) It shall come into force on the first of January, 195 . Part I, See. I, Page I.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES50 *(2) 2. Application of Code. —(1) This Code applies— (a) to all * * * * persons who are Hindus by religion in any of its forms or developments, including Virashaivas or Lingayatas and members of the Brahmo, the Prarthana or the Arya Samaj; (b) to any person who is a Buddhist, Jaina or Sikh by religion; (c) (i) to any child, legitimate or illegitimate both of whose parents are Hindus within the meaning of this section. (ii) to any child, legitimate or illegitimate, one of whose parents is a Hindu within the meaning of this section: provided that such child is brought up as a member of the community, group or family to which such parent belongs or belonged; and (d) to a convert to the Hindu, Budhist, Jain or Sikh religion, (2) This Code also applies to any other person, who is not a Muslim, Christian, Parsi or Jew by religion : Provided that if it is proved that such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Code had not been passed, then, this Code shall not apply to that person in respect of those matters. (3) The expression “Hindu” in any portion of this Code shall be construed as if it included a person who, though not a Hindu by religion is, nevertheless governed by the provisions of this Code. * * * * * * (3) 3. Definitions. —In this Code, unless the context otherwise requires,— (i) “Aliyasantana law” means the system of law applicable to persons who, if this Code had not been passed would have been governed by the Madras Aliyasantana Act, 1949 (Madras Act IX of 1949); (ii) the expressions “custom” and “usage” signify any rule which having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy; and * Original page numbers of the Government of India publication are put above and below the respective portions in bracket.

DR. AMBEDKAR AND THE HINDU CODE BILL 51 2. Application of Code. —(1) This Code applies— (a) to all Hindus, that is to say, to all persons professing the Hindu religion in any of its forms or developments, including Virashaivas or Lingayatas and members of the Brahmo, the Prarthana or the Arya Samaj; (b) to any person who is a Buddhist, Jaina or Sikh by religion; (c) (i) to any child, legitimate or illegitimate, both of whose parents are Hindus within the meaning of this section. (ii) to any child, legitimate or illegitimate, one of whose parents is a Hindu within the meaning of this section; provided that such child is brought up as a member of the community group or family to which such parent belongs or belonged; and (d) to a convert to the Hindu religion. (2) This Code also applies to any other person, who is not a Muslim, Christian, Parsi or Jew by religion : Provided that if it is proved that such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Code had not been passed, then, this Code shall not apply to that person in respect of those matters. (3) The expression “Hindu” in any portion of this Code shall be construed as if it included a person who, though not a Hindu by religion is, nevertheless, governed by the provisions of this Code. (4) Notwithstanding anything contained in the Special Marriage Act, 1872 (III of 1872), this Code shall apply to all Hindus whose marriages have been solemnized under the provisions of that Act prior to the commencement of this Code. (2) 3. Definitions. —In this Code, unless there is anything repugnant in the subject or context,— (i) the expressions “custom” and “usage” signify any rule which having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy: and Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family; (ii) the expression “district court” means the principal civil court of original jurisdiction and except in sections 44 and 49, includes the High Court in the exercise of its ordinary original civil jurisdiction; Part I, section 2, page 1. Part I, section 2, page 1. Part I, section 6, page 2 and schedule I, page 30. Part I, secs. 4 and 5, page 2. Part I, sec. 5(d), page 2.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES52 Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family; (iv) “full blood” and “half blood”—two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives; (v) “uterine blood”.— two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands; Explanation.—In Clauses (iv) and (v) “ancestor” includes the father and “ancestress” the mother; (vi) “Marumakkattayam law” means the system of law applicable to persons:— (a) who, if this Code had not been passed, would have been governed by the Madras Marumakkattayam Act, 1932 (Madras Act XXII of 1933), the Travancore Nair Act II of 1100, the Travancore Ezhava Act, III of 1100, the Nanjinad Vellala Act, 1101, the Travancore Kashatriya Act, 1108, the Travancore Krishnavaka—Marumukkathayam Act, 1115. the Cochin Thiyya Act VIII of 1107, the Cohin Nayar Act, XXIX of 1113, or the Cochin Marumakkathayam Act, XXXIII of 1113; or (b) who belong to any community, the members of which are largely domiciled in the State of Travancore-Cochin or Madras and who, if this Code had not been passed would have been governed by any system of inheritance in which descent is traced through the female line; but does not include the Aliyasantana law; (vii) “Nambudri law” means the law applicable to persons who, if this Code had not been passed, would have been governed by the Madras Nambudri Act, 1932 (Madras Act XXI of 1933), the Cochin Nambudri Act (XVII of 1114) or the Travancore Malayala Brahmin Act of 1106 (Regulation III of 1106); (viii) “Part” means a Part of this Code; (ix) “prescribed” means prescribed by rules made under this Code; (x) “related” means related by legitimate kinship: Provided that illegitimate children shall be deemed to be related to their mother and to one another and their legitimate descendants shall be deemed to be related to them and to one another; and any word expressing relationship or denoting a relative shall be construed accordingly; (xi) “son” includes an adopted son, whether adopted before or after the commencement of this Code, but does not include an illegitimate son.