Vol. 14, Part II · pages 181–185

961 DR. AMBEDKAR AND THE HINDU CODE BILL are, and whether amendments to the amendments should be sent because that is what will form the main basis of discussion, namely the amendments of Dr. Ambedkar. These are the difficulties that are facing us. In order that the Code may go through the House properly and ultimately the decision of the House may be such as to evoke respect in the country, it is desirable that some time is given so that the amendments may be read. You will remember, Sir, that when the Bill was introduced and sent to the Select Committee there was a Select Committee report. After that Dr. Ambedkar sent a large number of amendments. On the one side we have the amendments, on the other side the Select Committee’s report; now, even those amendments are no more there-fresh amendments have been sent. All these are to be consolidated and placed in a manner in which they can be conveniently considered, and considered in a manner which the importance of the Code deserves. I think we should adopt some procedure by which these amendments can be considered carefully. I would also like the Law Minister to let the House know what is the latest decision of the Government with regard to the procedure to be adopted with regard to the Hindu Code. Shri R. K. Chaudhari : I will put another question so that it may be answered along with this ... Shri B. Das (Orissa) : May I submit, Sir. ... Mr. Deputy Speaker : Nothing more. So far as the amendments are concerned, a set of amendments were tabled by the Hon. Law Minister originally and subsequently to these amendments he has tabled another set of amendments. The Minister of Law (Dr. Ambedkar) : A few—verbal. Mr. Deputy Speaker : Even if they were substantial they have all been circulated as early as the 5th September. But if any hon. Member, during the course of the debate, move an amendment to any particular amendment, and if it is reasonable, we will consider it. Dr. Ambedkar : Certainly, I have no objection. Mr. Deputy Speaker : I am not going to be too technical with respect to those matters here. After all, the Hon. Minister has been saying that he would like to have as much as agreed solution to these problems as possible. Therefore, every efforts will be made on all sides of the House towards it. I shall never be wanting, if it is possible, in trying to smoothen and to get over the rules of procedure or to suspend standing orders for bringing about an amicable settlement so far as any clauses

962 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES are concerned. Hon. Members may have no difficulty. But so far as once again piecing the amendments together and circulating them again is concerned, hon. Members know too well how we were in an ocean of amendments so far as the Representation of the People Bill was concerned ; the Speaker could not know the amendments, a number of new amendments were given to the hon. Minister himself. This is not such a forest in which we cannot get in. After all, there are a few amendments to the original amendments and we can proceed. Shri Syamnandan Sahaya : One other submission, Sir. Mr. Deputy Speaker : Hon. members must make up their mind to go on with the Bill. Shri Syamnandan Sahaya : That we have made up. Shri B. Das : Is he permitted to speak again ? Shri Syamnandan Sahaya : There is one other submission which I will make, Sir. We have been following a procedure, namely that all the amendments are first moved, then they are discussed together and then decisions are arrived at. I would submit that in the case of the Hindu Code that will not be possible because every amendment has a particular significance ; it is not a question of a cut motion being discussed or of a budget demand being discussed ; it is a question of every amendment having a particular significance, having a particular importance. Therefore, I would submit that in the case of the consideration of the Hindu Code these amendments should be taken up one by one ; each amendment should be taken up, discussed and then decided upon—either accepted or rejected—and only then the next amendment taken up. That, I submit, ought to be the procedure with regard to this Bill. Shri R. K. Chaudhari : May I ask for only one piece of information ? There are certain amendments which have been tabled now after we had a discussion on this Bill in February last: these are new amendments which have been tabled since. I want to know whether those Members who had taken part in discussion in February will be entitled to speak on the new amendments now. Mr. Deputy Speaker : I shall consider the suggestion when the time arises. So far as these amendments are concerned what I propose doing is this. Normally the procedure is that each amendment is taken up and disposed of and then we go to the next. But here, if there are amendments of like nature, except the form of expression if the

963 DR. AMBEDKAR AND THE HINDU CODE BILL substance is the same then I will ask hon. Members to move all those amendments together so that a single discussion may proceed. Those amendments which are substantially different. I will place separately. It would be helpful if the Hon. Minister is able to tell me what all amendments are of like nature ; hon. Members may also consider the point when amendments are moved ; if they find other amendments which are substantially of a like nature they may also rise and ask that they be moved together, and the discussion will proceed on all of them together. Shrimati Renuka Ray (West Bengal): If people are willing, we might have a time-limit on speeches. Hon. Members : No, no. The Minister of Works, Production and Supply (Shri Gadgil): It will be better for the Chair to select a group of amendments which contain the same substance, and that group may be put down for discussion. That will avoid wastage of time. Mr. Deputy Speaker : That is exactly what I said. I have no time to group them myself. I shall ask hon. Members, as soon as an amendment is moved by Dr. Ambedkar, whether they have amendments of a like nature relating to the same subject. If they have, then I shall piece them together and have a common discussion. That is for tomorrow. As for today, let us proceed with the business. Clause 2 was under discussion. Shrimati Renuka Ray : Would you put my suggestion to the House, Sir? Shri Syamnandan Sahaya : Has the Hon. Minister got nothing to say on the points that I made ? My Deputy Speaker : I do not think he wishes to say anything. Does he want to say anything ? Dr. Ambedkar : No. Sir. The Minister of Education (Maulana Azad) : The Prime Minister will explain it. The Prime Minister (Shri Jawaharlal Nehru): I am sorry I was not here when the hon. Member spoke. Mr. Deputy Speaker : He wanted to know if there are any portions of this Bill that are not to be considered. Clause 2 was under discussion previously and naturally I wanted the discussion to proceed and I was

964 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES about to allow amendments to be moved. Meanwhile, the hon. Member wanted to know whether the Hon. Minister is taking up any particular portions of this Bill first and giving them preference. Shri Syamnandan Sahaya : In view of the reports in the Press, I wanted to know the correct position. Shri Jawaharlal Nehru : I think the day before yesterday I did say something on this very subject, that is, we propose to take up Parts I and II of this Bill and if time permits we shall take up more. In any case, we do not want to leave the matter unfinished in regard to these two parts. We should like to finish them, even though in regard to the rest what we shall do depends on time. Shri Kamath : Has any definite number of days been earmarked for the consideration of this Bill ? Shri Jawaharlal Nehru : We expect that we shall finish it within this week. Shri Syamnandan Sahaya : This month or this week ? Shri Jawaharlal Nehru : This week, I said. Dr. Ambedkar : With your permission, I should like to move amendment No. 4, in list No. 1. It seeks to substitute ‘tribe or community’ to bring it in conformity with the rest of the clause. I beg to move: In the amendment proposed by me, printed as No. 3, after part (l) (i) insert: “(ia) in part (c) (ii) for ‘community’ substitute ‘tribe or community’; ”. Mr. Deputy Speaker : Amendment moved : In the amendment proposed by the Hon. Dr. B. R. Ambedkar, printed as No. 3, after part (l)(i) insert: “(ia) in part (c)(ii) for ‘community’ substitute ‘tribe or community’; ”. Dr. Ambedkar has already moved amendment No. 3 during the last session. That amendment and this one are before the House. Has any other hon. Member got amendments relating to the same subject ?— to the same subject, and not to clause 2 as a whole ? Shri J. R. Kapoor (Uttar Pradesh) : Is it your intention, Sir, that if we have amendments to the amendments No. 3 and 4 of Dr. Ambedkar, we may move them ? Mr. Deputy Speaker : Yes.

965 DR. AMBEDKAR AND THE HINDU CODE BILL Shri J. R. Kapoor : So, with your permission, I should like first to move No. 95 of list No. 2. As a matter of fact, I had in my original notice given it as an amendment to amendment No. 3 of Dr. Ambedkar, but here it has been given as an independent amendment. That has been done by the office for the sake of facility probably. I am mentioning this only to avoid any objection from any quarter that No. 95 is not an amendment to the amendment of Dr. Ambedkar. I beg to move : (i) For clause 2, substitute : “2. Application of Code. —This Code applies to all the citizens of India that is Bharat, who after attaining the age of majority declare in writing that they shall be governed by this Code, and get such declaration registered in accordance with rules prescribed for the purposes by the Central Government: Provided that the provisions of Part II relating to marriage and divorce shall apply to such declarant only when both the bride and the bridegroom before the marriage, or both the husband and wife after the marriage, make such a declaration.” Then, in the same context, I would ask your permission to move amendment No. 97 in list No. 2, I beg to move: (ii) In the amendment proposed by the Hon. Dr. B. R. Ambedkar, printed as No. 3, after part (2), insert: “(3) After sub-clause (3), the following new sub-clause be inserted, namely:— ‘(4) This code or any part or parts thereof also apply to any other person who after attaining the age of majority declares in writing that he shall be governed by this Code, or any part or parts thereof as the case may be, and get such declaration registered in accordance with rules prescribed for the purposes by the Central Government: Provided that the provisions of Part II relating to marriage and. divorce shall apply to such declarant only when both the bride and the bridegroom before the marriage, or both the husband and wife after the marriage, have made such a declaration.’ ” I also beg to move: (iii) In the amendment proposed by the Hon. Dr. B. R. Ambedkar, printed as No. 3, in part (l)(ii) of the proposed amendment to sub-clause (1) of clause 2, after “Sikh religion” add : “or to any other religion or faith except Muslim, Christian, Parsi, or Jew religion.”