Vol. 14, Part II · pages 16–20

796 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Mr. Speaker : The reason for taking up clause 1 at the end is to see that it may be properly worded, after seeing the final form of the various provisions in the legislation. The hon. Member will see that sub-clause (1) of clause 1 says as to what the name of the Bill shall be : sub-clause (2) deals with the territorial extent of this legislation and sub-clause (3) speaks about the date from which the Bill will come into force. Pandit Thakur Das Bhargava : Territorial extent is a substantive question. Mr. Speaker: Even in regard to that, after going through the provisions of the Bill it may be possible for us to see more clearly. As to whether the provisions of the Bill should apply to all parts of India or exceptions should be made in respect of certain provisions in respect to certain States or areas. To my mind, it appears more advantageous to take clause 1 at the end, for then the House will have a more clear picture as to what the provisions of the Bill are. That is a better procedure and we shall proceed with clause 2. As regards Pandit M. B. Bhargava’s amendment, it more or less seeks to amend clause 1 and he wants to put in a new condition for the application of the provisions of the Bill. Dr. Ambedkar : It is really an amendment to clause 1. Pandit M. B. Bhargava: I may be allowed to explain. Mr. Speaker : The amendment says : “ That this Code or only such part of it shall come into force if and when it is ratified on a referendum by majority of the Hindu electorate of Parliament.” That is, really speaking, an amendment to sub-clause (3) of clause 1, though he places it as a separate new clause. No further arguments are necessary and I shall proceed with clause 2. Shri Sarwate (Madhya Bharat) : Will the official amendments be moved first or will mine be taken up first ? Mr. Speaker : I am going by the order so far as the provisions of the Bill go. The official amendments will come later on. Shrimati Durgabai : If the official amendments are moved first they may cover the points to be raised later by non-official amendments. Mr. Speaker : We will go by the order. Dr. Ambedkar : May I make a suggestion in the interest of economy of time ....

797 DR. AMBEDKAR AND THE HINDU CODE BILL Shri Tyagi: Withdraw the Bill : that is the best economy of time. Dr. Ambedkar : That would be too much of an economy. If you look at the various amendments which stand on the order paper you will see that most of the amendments are mere variants of one another. There is no amendment which is very substantially different from the other amendments. I was therefore suggesting whether it would not be a proper procedure to permit Members to move their amendments and then to have a general discussion rather than to permit each amendment to be moved, have a debate on it and then to dispose of it, thereafter have another amendment moved, have a debate on it and then to dispose of it. I was thinking that in the interests of economy of time the procedure I was suggesting might appeal to you. Mr. Speaker: In fact, we have been following that procedure. Where amendments involve a common point, all the amendments are moved and there is a common discussion. That is the practice which we have been following in the past and therefore, I shall follow that practice here too. Shri Sarwate : I beg to move : For clause 2, substitute : “2. Application of Code. —(1) This Code applies to all Hindus. (2) The expression ‘Hindu’ in this Code, shall, unless otherwise provided, mean a citizen of India. (3) Notwithstanding anything contained in the Special marriage Act, 1872 (III of 1872), this Code shall apply to Hindus, as defined in that Act, and whose marriages have not been solemnized under the provisions of that Act prior to the commencement of this Code.” Mr. Speaker : May I suggest one thing more. Those amendments that are printed, as well as others too, have been circularised. So hon. Members may only mention the number of the amendment they propose to move and I shall take it that it has been moved. All the amendments relating to one clause and one subject will be moved and discussed. Shri Tyagi : The point which the amendments seek to amend will be discussed separately. Mr. Speaker : Yes. The Minister of State for Transport and Railways (Shri Santhanam): Sir, is it in order to go against the fundamentals of the Hindu Code itself. The amendment seeks to apply the Code to all Christians, Muslims and others. Does it not go beyond the Code itself? I would like a ruling from you, Sir, on that subject.

798 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Mr. Speaker : Let the amendments be moved first. Shri Tyagi : The amendment seeks to Hinduise the Muslims, which is against the law or Constitution. Everybody has been guaranteed the liberty of practising his religion and to bring the Muslims and Christians also under the Hindu Code will mean interfering with their religion. Mr. Speaker : Let the amendments be moved. Shri Tyagi : This amendment has been moved and therefore it is out of order. Shri Indra Vidyavachaspati (Uttar Pradesh) : I beg to move: For clause 2, substitute: “2. This Code applies to all Indians irrespective of their religion, caste or creed”. Pandit Thakur Das Bhargava : I beg to move: For clause 2, substitute: “2. Subject to the provisions of section 1 this Code applies— (a) to all persons who are Hindus, Buddhists, Jains or Sikhs by religion ; (b) to any other person who is not a Muslim, Christian, Parsee, or a Jew by religion ; (c) to every woman who married any person who was not a Muslim, Christian, Parsee or a Jew by religion ; (d) to any child legitimate or illegitimate one of whose parents was a person who was not a Muslim, Christian, Parsee or a Jew by religion ; (e) to a convert to any religion except the Muslim, Christian, Parsee or Jew by religion.” Shri Jhunjhunwala (Bihar) : I beg to move : For clause 2, substitute: “ 2. Application of Code— This Code applies to all the citizens of India that is Bharat, irrespective of their caste, creed and irrespective of their belonging to or professing any religion.” Dr. Ambedkar: I beg to move: In clause 2,— (1) in sub-clause (1),— (i) in part (a), for “ Hindus, that is to say, all persons professing the Hindu religion” substitute “persons who are Hindus by religion” ;

799 DR. AMBEDKAR AND THE HINDU CODE BILL (ii) in part (d), for “ Hindu religion” substitute “ Hindu, Buddhist, Jaina or Sikh religion” ; (2) omit sub-clause (4). Shri Naziruddin Ahmad : I beg to move: (i) In part (a) of sub-clause (1) of clause 2, for “ Hindus, that is to say, all persons professing the Hindu religion” substitute “ persons who are Hindus by religion”. (ii) Omit part (b) of sub-clause (1) of clause 2. (iii) For part (b) of sub-clause (1) of clause 2, substitute: “(b) to all persons who are Buddhists, Jains or Sikhs by religion”. (iv) For part (b) of sub-clause (1) of clause 2, substitute: “(b) to any person who is a Jaina by religion ;”. (v) In part (b) of sub-clause (1) of clause 2, for “Jaina or Sikh”, substitute “or Jaina”. Sardar Hukam Singh (Punjab) : I beg to move: In part (b) of sub-clause (1) of clause 2, omit “or Sikh”. Shri Naziruddin Ahmad : I beg to move: (i) In part (c)(i) of sub-clause (1) of clause 2, after “ illegitimate” insert: “who, if he has attained the age of eighteen years, is himself a Hindu and”. (ii) In part (c)(i) of sub-clause (1) of clause 2, for “whose parents are Hindus” substitute “whose parents are or have been Hindus”. (iii) In part (c) (ii) of sub-clause (1) of clause 2, after “ belongs or belonged” insert “and who, if he has attained the age of eighteen years, is himself a Hindu”. Shri S. P. Misra (Uttar pradesh) : I beg to move: After part (c) (ii) of sub-clause (1) of clause 2, add: “(iii) to any abandoned child brought up as a member of the community, group or family to which such parent belongs ;”. Shri Naziruddin Ahmad : I beg to move: For part (d) of sub-clause (1) of clause 2, substitute: “(d) to a convert to the Hindu religion, subject to his rights and liabilities before his conversion.” Babu Gopinath Singh (Uttar Pradesh): I beg to move: After part (d) of sub-clause (1) of clause 2, add : “(e) to a Muslim or Christian converted from Buddhism, Jainism, Sikhism or Hinduism in his life time”.

800 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Shri Naziruddin Ahmad : I beg to move: Omit sub-clause (2) of clause 2. Sardar Hukam Singh : I beg to move: In sub-clause (2) of clause 2, after “ Parsi” insert “ Sikh”. Shri Brajeshwar Prasad (Bihar): I beg to move: After sub-clause (2) of clause 2, insert: “(2A) This Code also applies to any woman professing any religion who has married a Hindu, Buddhist, Jain or Sikh.” Shri Naziruddin Ahmad : I beg to move : (i) Omit sub-clause (3) of clause 2. (ii) Omit sub-clause (4) of clause 2. (iii) After sub-clause (4) of clause 2, add : “ (5) Notwithstanding anything in this section this Code shall apply only to such areas or to such persons or classes of persons in any State from such time or by such stages as the State Legislature may from time to time by Act provide.” Shri Jhunjhunwala : I beg to move : To clause 2, add the proviso: “Provided, however, that notwithstanding anything contained in the above clauses, this Code shall not apply to any person, unless such person got his name registered with such authority, and in such manner, as may be hereafter prescribed by Parliament, within one year after this Code comes into force and in case of a minor within one year after such a minor attains majority.” Mr. Speaker: I called out each Member who has tabled his amendment or amendments and I find that Shri Shiv Charan Lal and Prof. K. K. Bhattacharya were absent when called. But, as we are following a procedure of calling out the number of the amendment it is possible that these two Members may not have expected that they would have been called so soon as that to move their amendments. Though I am very clear that they should have been in their seats when the Bill is taken up for discussion, as we are starting this procedure in the beginning. I am thinking of permitting them to move their amendments later on if they turn up in the House and wish to move them during the course of discussion on this particular clause. Shri J. R. Kapoor (Uttar Pradesh) : Sir, there are two amendments of which I have given notice. One of them is an amendment to Shri Jhunjhunwala’s amendment No. 18 in Supplementary List No. 1.