Vol. 14, Part I · pages 791–795

DR. AMBEDKAR AND THE HINDU CODE BILL 773 will become void. Is it his contention that on the 26th January when the new Constitution comes into force, and the article which he has quoted certainly come into force, on that day all this portion of the Hindu Law become void and there will be a vacuum left? Can a more unreasonable presumption be made ? Mr. Speaker : Order, order. That is expressing hon. Member’s own opinion. The Honourable Dr. B. R. Ambedkar : Sir, I have exercised, if I may say so, a great deal of self-control with regard to my friend Dr. Pattabhi Sitaramayya. He would have heard me say, if I had said all that I wanted to say about it. Mr. Speaker : There are two amendments to the original proposition : That the Bill to amend and codify certain branches of the Hindu Law as reported by the Select Committee, be taken into consideration. I shall first put to the House the amendments. The first amendment is by Mr. Naziruddin Ahmad asking for circulation for obtaining further opinion thereon by the end of 1949. It is too late to extend the date. Mr. Naziruddin Ahmad : May I explain the position, Sir ? Mr. Speaker : No. The question is: “That the Bill be circulated for the purpose of obtaining further opinion thereon by the end of 1949.” The motion was negatived. Mr. Speaker : Then the next amendment. The question is : “That the Bill be re-committed to the same Select Committee, to which it was sent, for a further report thereon with reference to the original Bill which was referred to it on the 9th April 1948.” The motion was negatived. Mr. Naziruddin Ahmad : I claim a division, Sir. Mr. Speaker : Very well. I find the ‘Ayes’ are five and the rest are ‘Noes’. The motion is lost by a large majority. Now I will put the original motion. The question is : “That the Bill to amend and codify certain branches of the Hindu Law, as reported by the Select Committee, be taken into consideration.” The motion was adopted. Prof. Shibban Lal Saksena (U. P. : General): Sir, the ‘Noes’ have it. Mr. Speaker : I find their number is only six or seven. The majority of Members are for the motion. ll

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES774 * HINDU MARRIAGES VALIDITY (AMENDMENT) BILL (AMENDMENT OF S ECTION 2) Shri Himatsingka (West Bengal) : I beg to move for leave to introduce a Bill further to amend the Hindu Marriages Validity Act, 1949 (amendment of section 2). Mr. Speaker : The question is : “The leave be granted to introduce a Bill further to amend the Hindu Marriages Validity Act, 1949 (Amendment of section 2).” The motion was adopted. Shri Himatsingka : I introduce the Bill. **HINDU CODE Mr. Speaker : That brings us to the next item on the agenda, the motion of Dr. Ambedkar: Further consideration of the Bill to amend and codify certain branches of the Hindu Law, as reported by the Select Committee. Now, with reference to this there are a number of amendments. I will just call upon Members one by one. Shri Tyagi (Uttar Pradesh): The House has been taken quite unaware on this matter. I feel that some time should be given to the Members. Mr. Speaker : Order, order. One at a time. Has the Hon. Law Minister anything to say ? The Minister of Law (Dr. Ambedkar) : It might be taken. Mr. Speaker : There was some suggestion that Members are being taken by surprise. Dr. Ambedkar : It cannot be said because the Bill has been on the agenda for the last fortnight. Shri J. R. Kapoor (Uttar Pradesh): But those who are most interested in taking up the Bill may have a grievance. Mrs. Renuka Ray is not here and many others who are particularly anxious to take it up. Mr. Speaker : What I was thinking about was, whatever the fate of the various amendments or adjournment motions, the Members who have tabled them are not in their seats. I was just considering as to *C.A. (Leg) D., Vol. VII, Part II, 12th December 1950, p. 1551. **C.A. (Leg) D., (IV) Vol. VII, Part II, 14th December 1950, pp. 1780-93.

DR. AMBEDKAR AND THE HINDU CODE BILL 775 whether it will be proper or fair on our part just to call them out when this business is being taken up in an unexpected manner. That is the only point which really worries me. I find that Mr. Rohini Kumar Chaudhari is present. I also notice that Mr. Naziruddin Ahmad is here. Shri R. K. Chaudhari (Assam): I would ask you to give us half an hour so that other Members may also be present. Mr. Speaker : Let us proceed. I will call upon Mr. Naziruddin Ahmad. Pandit Kunzru (Uttar Pradesh): May I suggest that the discussion should begin with a statement from the Hon. the Law Minister who held a conference with various interests. He has circulated a short report of the discussions that took place in the conference, but I think all sides of the House will be glad to hear a fuller account of the conference from him and the resume of the amendments that he has proposed. I think that would be a more proper course and this in a sense will give Members some time. Dr. Ambedkar : I do not know that I have anything more to add. I took particular care to submit a statement to you with a view to its being circulated to Members at the very commencement of this session, so that Members may have a full account of what happened. I am rather sorry that we were not able to take a verbatim record of the proceedings of the Conference on account of the fact that several Members spoke in several different languages. Some spoke in Hindi, some spoke in English, some spoke in Marathi, some spoke in Gujarati and some spoke even in Sanskrit. It was quite impossible to take down a verbatim record, and I think, some also spoke in Tamil language. It was, therefore, quite impossible to have any person as a stenographer to take down the verbatim record. Otherwise, I should have been very glad to do so. Consequently, I myself, according to my memory summarised the points that were put before the Conference for discussion, the points which I found had emerged in the course of the discussion that had taken place in this House, from different stands of the House. They were placed before them and they were invited to address the Conference and I subsequently found out what was the largest measure of agreement among the speakers who took part and in accordance with that, I have suggested certain amendments to the original Bill. You will also recall, Sir that in order to help the House. I have prepared two different texts of the Hindu Code, one in a serial order

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES776 giving the original section and also the new amendments that I propose to incorporate, so that they may have a complete view. I have also prepared a second text book, so to say, which contains the original text of the Select Committee’s sections on the right-hand side and the new Code with the amendments on the left-hand side, so that whenever any amendment is moved not only the members will be able to find how the old clause reads but what the new clause also says. I think, I have done my level best to help the House to a proper understanding of the provisions of the Hindu Code as modified by the results of the informal committee. If any Hon. Member has any question to ask, I shall certainly be very glad to add or supplement whatever information I have given in that statement. Shri Jnani Ram (Bihar): The Hon. Law Minister has stated that this Bill will be discussed for a day or two and that it will be postponed. Mr. Speaker : We are not concerned with what happened at the party meeting. Shri R. K. Chaudhari : The Hon. Minister may be pleased to make a statement in connection with what was stated in the party meeting itself. Mr. Speaker : Order, order. The Party proceedings are not open here. Shri Sivan Pillay (Travancore-Cochin): May I know if the clause by clause discussion is to take place now and that the general discussion on the principles of the Bill over? Mr. Speaker : The Hon. Member has perhaps lost sight of the progress of the Bill. The consideration motion was adopted and now what remains to be done is to take the Bill clause by clause. I would put clause 2 to the House, but before that, there are certain amendments or certain motions urging the adjournment of the debate. These being adjournment motions must have precedence and, therefore, I am calling upon Mr. Naziruddin Ahmad, if he wishes, of course, to move his motion. The Prime Minister and Minister of External Affairs (Shri Jawaharlal Nehru) : One of the hon. Members put a certain question to me and I think it is fair to the house that I shall answer it, although you, Sir, were good enough to consider it as being not necessary. This Bill is obviously one which will normally take a long time of this House, if we go through it clause by clause. It is a contentious matter in which opinions differ. Nevertheless Government attach great importance to it and we do wish it to be taken up now, but we realize

DR. AMBEDKAR AND THE HINDU CODE BILL 777 that it is in the nature of things, not possible to go through it during this session even if we take it from day to day. Therefore, Government propose, subject to your approval, Sir, that we might deal with the initial stage there are certain objections and if all those objections can be disposed of this way or that—so that the way may be clear and not otherwise take up the time of the House during the session. Mr. Speaker : Do I understand the position correctly that the amendments or motions by way of postponement should be disposed of first and that clause by clause consideration may be taken up later ? The Minister of State for Parliamentary Affairs (Shri Satya Narayan Sinha) : Yes. That is so. Mr. Speaker : In light of this, is it necessary to move any adjournment ? Shri Naziruddin Ahmad (West Bengal): No. Mr. Speaker : He may formally move without any speech, so that we may proceed with the other business. Shri Naziruddin Ahmad : I beg to move: “That the debate on the Hindu Code Bill be adjourned to a special session of Parliament to be called for the purpose to enable Members to fully consider the Bill and the numerous Government amendments to the same.” I do not wish to move the other alternatives. Mr. Speaker : Is he particular for a special session ? Shri Naziruddin Ahmad : I want to place certain views and leave the matter entirely to Government. It is not by way of opposition or obstruction. Mr. Speaker : The point is what should be the form of the motion. He wants postponement to the next session. That is the long and short of it. Shri Naziruddin Ahmad : In that case, I shall, with your permission, move the alternatives also. I beg to move : “That the debate on the Hindu Code Bill be adjourned till a date during the next Budget session.” and “That the debate on the Hindu Code Bill be adjourned to a date after the Budget session is over.” I am entirely in the hands of Government as to what form the motion should take. The Hon. Prime Minister has clarified the situation that