Vol. 14, Part II · pages 21–25

801 DR. AMBEDKAR AND THE HINDU CODE BILL Mr. Speaker: Is the hon. Member moving further substantial amendments ? Shri J. R. Kapoor: No. I may be so called but not No. 2. Mr. Speaker : No 2 of course is an amendment to the amendment of Shri Jhunjhunwala. That I am accepting for moving. Shri J. R. Kapoor : So far as No. 1 is concerned, it does so happen that it has been given the shape of an absolutely original amendment though I had given it to the Notice Office in the form of an amendment to Mr. Jhunjunwala’s amendment No. 13. To put it in a better form the office has given it as a separate amendment. Therefore, I hope you will admit it. The whole thing will be open to discussion and the admission of this will not in any way interfere with the proper disposal of the subject. Mr. Speaker : It is not a question of disposal. If I were to permit amendments at the last minute, they will be coming in even till the last stage of voting. Therefore, I am unwilling to waive. . . . Shri J. R. Kapoor : Sir, I was making this submission only in view of the special circumstances of the case. Originally I had put in the first amendment as an amendment to Shri Jhunjhunwala’s amendment No. 13 in Supplementary List No. 1. But then to give it a better form the office thought it might be put as a separate substantial amendment. If the Chair is so pleased it can be taken in the original form. Mr. Speaker: Very well. As it is a change in form only I will permit him to move it. Shri J. R. Kapoor : I beg to move : (i) For clause 2, substitute : “2. Application of Code. —This Code or any part or parts thereof 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 or any part or parts thereof, as the case may be, and get such declaration registered in accordance with rules prescribed for the purpose by the Central Government.” I also beg to move: (ii) In the amendment proposed by Shri Banarsi Prasad Jhunjhunwala, in the proposed proviso to clause 2, for the words beginning with the words “unless such person” to the end, substitute: “unless such person, after attaining the age of majority, declares in writing that he or she, as the case may be, shall be

802 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES governed by this Code, and gets such declaration registered in accordance with rules prescribed for the purpose by the Central Government.” Mr. Speaker : Amendments moved : 1. 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.” 2. For clause 2, substitute: “2. This Code applies to all Indians irrespective of their religion, caste or creed.” 3. 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.” 4. 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.” 5. 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” ;

803 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). 6. 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”. 7. Omit part (b) of sub-clause (1) of clause 2. 8. For part (b) of sub-clause (1) of clause 2, substitute : “(b) to all persons who are Buddhists, Jainas or Sikhs by religion ;”. 9. For part (b) of sub-clause (1) of clause 2, substitute : “(b) to any person who is a Jaina by religion”. 10. In part (b) of sub-clause (1) of clause 2, for “Jaina or Sikh”, substitute “or, Jaina”. 11. In part (b) of sub-clause (1) of clause 2, omit “or Sikh”. 12. 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”. 13. In part (c) (i) of sub-clause (1) of clause 2, for “ whose parents are Hindus” substitute “ whose parents are or have been Hindus”. 14. 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”. 15. 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;”. 16. 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.” 17. 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.” 18. Omit sub-clause (2) of clause 2. 19. In sub-clause (2) of clause 2, after “Parsi” insert “Sikh”. 20. 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.” 21. Omit sub-clause (3) of clause 2.

804 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 22. Omit sub-clause (4) of clause 3. 23. 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.” 24. 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.” 25. For clause 2, substitute : “2. Application of Code. —This Code or any part or parts thereof 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 or any part or parts thereof, as the case may be, and get such declaration registered in accordance with rules prescribed for the purpose by the Central Government.” 26. In the amendment proposed by Shri Banarsi Prasad Jhunjhunwala, in the proposed proviso to clause 2, for the words beginning with the words “ unless such person” to the end, substitute : “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 this Code, and gets such declaration registered in accordance with rules prescribed for the purpose by the Central Government.” Shri Naziruddin Ahmad : Sir, I would like to suggest a shortcut. There are a large number of amendments, though governing almost the same matter. I think if all these matters are discussed together there would be confusion and I think, from experience, that we will not get replies to our points. If we consider separately, we can curtail our speeches to prevent repetition. I suggest this only as a matter of opinion. Mr. Speaker : If we are all determined not to repeat the same thing over again, we need not be very much afraid of repetitions. Of course, the Chair may be put to a much greater strain in watching that there are no repetitions, but the Chair will try its best to do so.

805 DR. AMBEDKAR AND THE HINDU CODE BILL Dr. Ambedkar : And apply sanctions to Mr. Naziruddin Ahmad ! Shri Sarwate : Sir, at the outset an objection has been raised that my amendment would enlarge the scope of the Bill. In the course of my speech, I shall try to show that if it does so at all, it is not being inconsistent either with the object of this Bill or with the provisions of the Constitution. [Pandit thakur daS B harga Va in the Chair .] As far as I know, there has been no one definition of “Hindu”. The connotation and denotation of the term “Hindu” has varied from time to time and from place to place. Possibly, there would be a time when it would come to mean what I have suggested in my amendment. I may quote certain instances where the term “Hindu” is interpreted variously. Satyarthaprakash, I am told, does say that “Hindu” means : “whosoever resides in India”. Savarkar, reformer of Bombay has suggested that whosoever is born in India and who holds her as his sacred land is a Hindu. He has suggested: vk fla/q fla/q i;Zrk] ;L; Hkkjr Hkwfedk A fir`Hkw% iq.;Hkw'pSo] losZ fgUnqfjfr Le`r% AA That is to say, one who considers India to be his homeland and also as his sacred land should be considered as Hindu. I need not point out that in America and also probably in South Africa everybody who comes from India is known as “Hindu”. Therefore, my amendment does not seek to do anything novel but is in conformity with the interpretation which has been tried to put on this term “Hindu”. Again, I may point out that in this Bill itself, the term “Hindu” is not restricted to Hindu law, whatever that may mean. In sub-clause (a) of the definitions, it is said to apply: “to all Hindus, that is to say, to all persons professing the Hindu religion”, and in (b): “to any person who is Buddhist, Jain or Sikh by religion”. So, this Bill seeks to extend the provisions to Hindus plus Sikhs plus Buddhists plus Jains. I need not go into the history of the Hindu religion. Jainism was certainly at one time opposed to and contradictory to the Hindu religion, if that means Sanatana Vedic Dharma, Whereas Sanatana Vedic Dharma relied on the Vedas Jainism did not rely on