Vol. 14, Part II · pages 186–190

966 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES (iv) After part (c) (ii) of sub-clause (1) of clause 2, insert: “(iii) to any orphan or abandoned child brought up by the State.” Shri B. K. P. Sinha (Bihar): May I suggest that instead of hon. Members reading all the amendments, they may only refer to their numbers. Because the amendments sometimes tantamount to a speech. Mr. Deputy Speaker : It is no good our closing our eyes. There is a limit to this kind of suggestion. The amendments must be read ; we cannot rush through like this. Certainly I will allow all reasonable debate on the matter. I myself am not able to understand at times. Except on formal matters, when I shall ask hon. Members not to read the amendments, the amendments must be read. Shri J. R. Kapoor : Thank you for your direction, Sir. Mr. Deputy Speaker : That does not mean that the hon. Member can be dilatory. Shri J. R. Kapoor : If the suggestion of my hon. friend were to be pursued to its logical length, we can even say that all the amendments standing in the name of an hon. Member are moved. Mr. Deputy Speaker : We need not dilate upon that. Shri J. R. Kapoor : I beg to move : (v) for sub-clause (3) of clause 2, substitute : “(3) The expression ‘Hindu ‘wherever it occurs in this Code shall be construed as if it included a person who, though not a Hindu by religion is, nevertheless governed, or declares his consent in the manner prescribed by the Central government in this behalf to be governed, by the provisions of this Code.” Then I come to amendment No. 272 of List 5. Mr. Deputy Speaker : I think we might take up sub-clause by subclause. There are a number of sub-clauses in clauses 2. Unless any amendment can be brought under anyone of these sub-clauses we shall carry on with sub-clause (1). Then we shall take up the other sub-clauses. What is the Hon. Minister’s reaction to this suggestion ? Dr. Ambedkar : I am quite agreeable to that. Shri J. R. Kapoor : May I submit that all the amendments might be allowed to be moved. We shall follow the procedure we adopted in the Constituent Assembly from tomorrow onwards. Mr. Deputy Speaker : Today, I leave it to hon. Members to move whatever amendments they like. Tomorrow I shall have them consolidated under each sub-clause. Shri J. R. Kapoor : I beg to move :

967 DR. AMBEDKAR AND THE HINDU CODE BILL (vi) In the amendment proposed by the Hon. Dr. B. R. Ambedkar, printed as No. 3, for part (2) substitute : “(2) for sub-clause (4) the following be substituted, namely :— ‘(4) This Code or any Part or Parts thereof also apply to any other person who declares his consent in the manner prescribed by the Central Government in this behalf to be governed by this Code or any part or parts thereof, as the case may be.’ ” (vii) In the amendment proposed by the Hon. Dr. B. R. Ambedkar, printed as No. 3, in the proposed amendment to clause 2, after part (1), insert: “(1A) in the proviso to sub-clause (2), insert at the end ‘unless he has declared his consent in the manner prescribed by the Central Government in this behalf to be governed by this Code in respect of such matters also.’ ” (viii) In the amendment proposed by the Hon. Dr. B. R. Ambedkar, . printed as No. 3, in the proposed amendment to clause 2, after part (1), insert: “(1A) in sub-clause (3) for the words ‘the provisions’ the words ‘any or more of the provisions’ be substituted.” Or, in the alternative, if that be not acceptable to the House: (ix) In the amendment proposed by the Hon. Dr. B. R. Ambedkar, printed as No. 3, in the proposed amendment to clause 2, after part (1), insert: “(1A) in sub-clause (3) insert at the end ‘in respect of any or more of the matters dealt with herein’.” Mr. Deputy Speaker : “Any one or more” is the usual expression. Is it not? Shri J. R. Kapoor : I agree, Sir, to your suggestion. This exhausts my amendments to amendment No. 3 of Dr. Ambedkar. There is one amendment which I seek to move to my own previous amendment moved during the last session. I beg to move : (x) In the amendment proposed by me, printed as No. 93, to the proposed clause 2, add the proviso : “Provided that the provisions of Part II relating to marriage and divorce shall apply to such declarant only when both the bride and bridegroom before the marriage, or both the husband and wife after the marriage, make such a declaration.” Mr. Deputy Speaker : A similiar amendment has already been moved.

968 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Shri J. R. Kapoor : This is an amendment to my own previous amendment. Then I wish to move my amendment No. 125. I beg to move : (xi) To clause 2, add the proviso : “Provided that the provisions of parts II or/and VII relating to marriage and divorce, and succession shall not apply to any person unless such person, after attaining the age of majority declares in writing that he or she, as the case may be, shall be governed by the said provisions, and gets such declaration registered in accordance with rules prescribed for the purpose by the Central Government: Provided further that the provisions of Part II relating to marriage and divorce shall apply to such declarant only when both the bride and bridegroom before the marriage, or both the husband and wife after the marriage, make such a declaration.” There is only one more amendment, notice of which I have given this morning. It is a small amendment and with your permission I shall move it. I beg to Move : (xii) In the amendment proposed by the Hon. Dr. B. R. Ambedkar, printed as No. 3, in the proposed amendments to sub-clause (1) of clause 2, after part (1) (ii), insert : “(iii) insert a new part (e) as follows : ‘(e) to a convert to any religion or faith after the commencement of this Code’.” Mr. Deputy Speaker : That is, if on the date of the commencement of this Code there is a Hindu, even if he changes his religion after the commencement of this Code it is this Code which will apply to him notwithstanding the change of religion. Is that the intention ? Shri J. R. Kapoor : The intention is that if any person changes his faith after the commencement of this Code, then this Code shall apply to him. Suppose a Hindu changes his faith after the commencement of this Code and becomes a Muslim, even then it will not be open to him to have two, three or four wives at a time as he likes. That is, it should not be open to anyone to convert himself into a Muslim in order only to get over the provisions of this Code and to have more than one wife. There are other implications also of my amendment but I have explained this one important implication. Shri Naziruddin Ahmad : One wife will be sufficiently difficult; two wives would be out of the question !

969 DR. AMBEDKAR AND THE HINDU CODE BILL Mr. Deputy Speaker : Today I will allow all amendments to be moved to clause 2— both to the original clause and to the amendments of the Hon. Minister. I shall try to put them together tomorrow. Pandit Thakur Das Bhargava (Punjab) : May I know if any of the amendments which my hon. friend has just now moved were moved in the February session also ? I think one of the amendments moved now was debated in the House—the amendment relating to a person declaring that he will be bound by the Code. I think he also made a speech on that. I do not know if that amendment has not already been moved and also debated upon. Shri J. R. Kapoor : I may assure my hon. friend that I have taken jolly good care to see that I do not repeat any one of my previous amendments. Of course the subject matter of some of these amendments was incorporated in some form or another in a previous amendment that I have moved. But finding that, that particular amendment would not well suit the purpose, and in order to meet the objection raised then by my hon. friend Pandit Thakur Das Bhargava, I have further amended my previous amendment so as to bring it perfectly within the four corners of the Code and also to. make it otherwise acceptable. Shri Syamnandan Sahaya : I beg to move : To clause 2, add the proviso : “Provided however, that notwithstanding anything contained in this section this Code shall not apply to any person unless such person got his name registered, signifying his will to be governed by this Code, with such authority and in such manner as may be prescribed.” Sardar B. S. Man (Punjab) : I beg to move : In clause 2, omit “Sikh”, wherever it occurs. Mr. Deputy Speaker : The hon. member’s desire, I take it, is that it ought not be apply to Sikhs. Sardar B. S. Man : Yes. Mr. Deputy Speaker : At each stage let us know what the scope of the amendment is ? Pandit Thakur Das Bhargava : Such an amendment has already been moved. The subject-matter of amendment No. 236 is the same as Sardar Hukam Singh’s amendment. Mr. Deputy Speaker : Let us forget what all has been done. Let us start. The intention of the House is to proceed clause by clause and

970 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES have a connected picture—and so there is no harm if there is a repetition or if it is moved once again so as to focus attention. Pandit Thakur Das Bhargava : In that case in the February session I moved an amendment and also made a speech on it. Is it necessary for me to move it again ? Mr. Deputy Speaker : It is not necessary. Dr. Ambedkar : No, we know them. Shri R. K. Chaudhari: May I draw your attention to amendment No, 123 ? This stands in the name of Shri Jhunjhunwala who was here just now. But he asked me to bring this to your notice because he has gone outside the House owing to an urgent call. So he will come and move it. Mr. Deputy Speaker : Let him come. After he comes he can move it. Shrimati Renuka Ray : You were kind enough to say this morning that amendments where the subject-matter is the same should be moved together. I want to ask whether you are allowing such amendments which were moved and on which speeches were made for three days, to be moved once again. Mr. Deputy Speaker : They are pending. Shrimati Renuka Ray: Certain amendments were moved and speeches made on them in the February session for three or four days. I want to know whether those are to be repeated now. Mr. Deputy Speaker : What I propose to do is this. If any particular Member who has already moved his amendments wants to draw attention to them. He can indicate those amendments. I will make a note, the office also has a note. So that when the time comes I will put them. In so far as speeches have already been made I shall take care to see that there is no repetition of them. That is all that I can say. Shri Kamath : But discussion on those amendments is not barred. Does it mean that all those amendments have been disposed of ? Mr. Deputy Speaker : No. All the amendments are under discussion. No amendment has been disposed of. Shri Naziruddin Ahmad : There is bound to be a certain amount of repetition because the House has meanwhile forgotten everything. Mr. Deputy Speaker : The hon. Member knows how helpless I have become even if repititions are made. Therefore, I suggest to myself mat I should be a little more careful. Dr. Tek Chand (Punjab): I beg to move : -