Vol. 14, Part II · pages 376–380
Dr. Ambedkar and the Hindu Code Bill
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1156 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
strong difference with us they should settle down to the view that
India must progress as a nation, and if we are the first nation in Asia
and are going to be the first nation of the world, they will help us to
advance and progress and not deter us in any way.
I will conclude my speech by reminding the conservative friends in
this House that this advancement of the Hindu Code and marriage laws
is not a new thing. We have forgotten recent reformers like Sir Hari
Singh Gour or Dr. M. R. Jayakar who have made specific indents into
the old traditions and customs of Hindu laws, particularly marriage
laws. So it is no use our saying that Dr. Ambedkar threw bombshell
and a surprise at our consevative friends. We are progressing and
Dr. Ambedkar has done one thing. He has faced the whole problem and
not attempted piece-meal legislation. Yet to concede to our conservative
friends the House is almost agreed to pass only one part of the Hindu
Code Bill.
I support the measure.
*Dr. Ambedkar : I think it is an extra-ordinary event in the history
of this Parliament and, I believe, in the history of die past Legislative
Assemblies that we should have been engaged in the discussion of
a single clause for not less than seven days. I do not think there is
any parallel to this. But in view of the fact that many Members have
raised the point that this Bill touches part of their conscience, our
Prime Minister in a righteous spirit has allowed them and also the
Chair, the longest time that any Member might want to consume in
order to express his mind on the subject, ( An Hon. Member : Wrong).
I have no complaint against that because it is much better that we
should give to every individual, whether he speaks for or against, the
fullest opportunity rather than create a feeling in the Members who
do not see eye to eye with Government—to go home with a feeling—
that they have been choked. I hope that, notwithstanding the fact that
seven precious days have been spent in the discussion of this clause,
when this clause is put to vote no Member will have a complaint on
any such ground at all.
Babu Ramnarayan Singh : I have.
Dr. Ambedkar : The debate on this clause has as a matter of fact
taken place in two parts. A part of the debate took place in the last
session of Parliament, and this is a sort of a supplementary debate to
the original debate. I am sorry to say that notwithstanding the fact
*P.D., Vol. XV, Part II, 20th September 1951, pp. 2937-59.
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that I have paid the closest possible attention to the speeches which
have been delivered in what I call the supplementary debate it has not
been possible for me to find out what new point has been raised in the
course of this supplementary debate which was not raised in the original
debate. The only new factor which I have discovered in the course of
this supplementary debate is the speech made by my friend Dr. Syama
Prasad Mookerjee and another by our friend Mr. Man. Beyond that there
has been nothing more than an expansive debate on points which were
probably touched upon in the original debate.
With regard to Dr. Syama Prasad Mookerjee I have a feeling that it
is not necessary to take him seriously at all. He has, it seems to me,
no mind of his own.
Babu Ramnarayan Singh : have you ?
Dr. Ambedkar : I have, most certainly.
He was, as hon. Members of the House will know, a member of this
Government practically for four years, during which this Bill has been
placed before this House by the Government in office. I have not any
recollection whatsoever, during the course of these four years when Dr.
Syama Prasad Mookerjee was a member of the Government and when
the Government had already sponsored this bill and put it before the
House and it was in bits being discussed by Members of the House, that
there was any single occasion inside the Cabinet when Dr. Mookerjee
to my knowledge expressed the slightest difference of opinion on this
Bill as against the Government.
Shri Syamnandan Sahaya (Bihar) : Is it open for the Hon. Minister
to disclose what happened there or what did not happen there ?
Dr. Ambedkar : I am saying so. I remember also that in the earlier
part, there were many party meetings held to discuss what should be done
with regard to this particular Bill. I have a very clear recollection that in
most of the meetings that were held, Dr. Syama Prasad Mookerjee was
present and even then I do not recollect a single occasion when Dr. Syama
Prasad Mookerjee—in the party which is an informal thing and where
members of the Government are free to express their personal opinions,
which they may not express outside on account of the joint responsibility—
ever said anything against this Bill. It is, therefore, as I said, a matter
of moods. (An hon. Member : Conviction.) Not at all. Either a man has a
conviction or he has no conviction. That is my point. (An Hon. Member : He
has resigned from the Cabinet.) I am sorry to say that he is to my mind
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a very tragic case, a tragic case of a sober, good well-behaved man,
who having joined the company of the drunkards rolls from side to
side and has become an inebriate himself.
An Hon. Member : A good comparison.
Dr. Ambedkar : Secondly, I have been noticing the performances of
Dr. Syama Prasad Mookerjee ever since he has left the Government
and has become a member of the Opposition, in fact almost a leading
member of the Opposition and I have noticed that he has developed
the unfortunate mentality which sometimes Leaders of Opposition
develop, namely to oppose everything that comes from Government.
In view of that, when a person is not prepared to discuss matters
on merits but wants to oppose for the sake of opposition, it is, I
think, hardly worth one’s while to waste one’s time and breath in
order to meet his argument. As I said, that is the reason why I do
not propose to take what Dr. Syama Prasad Mookerjee has said in
a very serious manner.
I, therefore, propose to deal only with the general points that have
been raised by various speakers against clause 2 and generally against
the Bill. The first point which perhaps is a new point is this, that
there is really no necessity for the sort of Bill that we had brought
forward. It is contended that the Hindu Society is a very ancient
society, much more ancient than the Roman or the Greek Society
and perhaps as old as the Egyptian Society. It has been contended
that today all that we know about the Roman Society or the Greek
Society or the Egyptian Society is their history ; they no longer exist;
they have disappeared. The only ancient society which has survived
is the Hindu Society and if the Hindu Society has survived while
all other ancient societies have disappeared, then its laws, its social
structure, its principles must be good. Otherwise, it could not have
survived.
This is not the first time that I have heard this argument. I
have heard this argument a long time ago and not only heard it
from men in the streets, but men who have been occupying most
eminent positions such as those who are called the historians
of India. This is an argument which had been presented all
the time by those who believe in the sanctity of the ancient
structure of this society. I must very frankly say that I too have
been a student of India’s history, although I cannot claim that
I am as good a student as many others who adorn the chairs of
history in many of our universities. I believe, I have a sufficient
understanding of the Indian history and the point that I would like
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to raise is this. Is survival enough or whether it is necessary for us to
consider whether the plane on which we survived is more important
than the mere survival itself ? A man who mixes with his opponent
in battle vanquishes him, obtains victory on him also survives. A man
who meets his opponent, runs away from him like a coward and he
also survives. Is the survival of the victor of the same value, of the
same character as the survival of a coward ? I think we ought to
consider this question on what plane has the Hindu society survived.
(An Hon. member : Survival of the fittest). Yes, but on circumstanes.
Here my friends will forgive me saying so, when I examine the history
of India, we have survived, yes, but we have survived as people who
have been from time to time subjugated, vanquished and enslaved.
(An Hon. Member : Who has not been ?) Yes. My. Hon. friend asks
me the question “who has not been ?” There are many countries and
many communities who have lost in battle, who have been enslaved
but I would like to remind my Hon. friend that if he studies the
history of all vanquished people, he will realise that some day, at
some time, the vanquished people on other parts of the world have
tried to achieve their liberty. I have not seen any such thing in
this country. Therefore, the argument that merely because we have
survived when other countries have lost and gone into history is one
which does not convince me of the goodness or the soundness of the
social structure under which we have been living. It has been said
that the Hindu society has been a very progressive society. It was
an argument which my Hon. friend, Dr. Syama Prasad Mookerjee
expatiated at great length and he pointed out that so great a radical
reformer like the Buddha was accepted by the Hindu society as a
great figure and not only they accepted him as a great figure but
they adopted and accepted some of the principles which he advocated
in his life.
It is no doubt one of the great qualities of Hindu society to absorb
some things from those who oppose it. But, my point is this. Has the
Hindu society changed its structure as a result of the absorption of
the doctrine of their opponents ? Let me develop the position with
regard to the Buddha. What did he preach ? He preached equality.
He was the greatest opponent of chatur varna ; he was the greatest
opponent of belief in the Vedas because he believed in reason and .
did not believe in the infallibility of any book. He believed in ahimsa,
the Brahmanic society accepted some things. What did they accept ?
They accepted the most innocuous dogma of ahimsa. Nobody was
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1160 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
prepared to accept and they did not accept—they opposed—his belief
in equality. Notwithstanding the fact that it has abosrbed bits and
bits of something which is of an innocuous character it did not touch
the main thing on which they were all united namely to maintain
chatur varna. That is the reason why notwithstanding this assimilative
and adaptive quality, they have remained what they have always
been. We have for long number of years waited to see whether Hindu
society would, as a result of the absorption of the doctrines preached
by great men who have been born in this country or great men born
outside the country, change its social structure. Most of us, speaking
for myself, have been completely disappointed. Whatever else Hindu
society may adopt, it will never give up its social structure for the
enslavement of the Sudra and the enslavement of women. It is for
this reason that law must now come to their rescue in order that
society may move on.
Pandit Malaviya: Move on to what even Buddha could not do.
Dr. Ambedkar : People have been saying that Hindu society
has been changing. The question that I want to ask is this. Is this
change in the direction of progress or it is a change in the other
direction ? Any one who has studied the history of Arya society from
the very beginning to the present day will have to admit, if he is a
fair student of history, that whatever change has taken place, it has
been a deterioration. There was, as everybody knows, no caste system
among the Aryans. There may have been some kind of varna system;
but the varna system never came in the way of inter-marriages. You
can find many number of cases of Brahmans marrying untouchable
women. Kashatriyas marrying sudras and sudras marrying upper
class women.
Pandit Malaviya: Which were the instances ?
Dr. Ambedkar: I can give many instances if you will come to my
room. I have got them.
Pandit Malaviya : Why not now ?
Dr. Ambedkar : But, the Aryans never had a hide-bound social
system of class division that was later introduced. Nobody can deny
that has been a subsequent change.
You examine the position of Hindu women. Our Hon. friend
Dr. Maitra. I think, who was a member of the Rau Committee, for the
purpose of a thesis for a Doctorate degree of the Calcutta University
wrote a book called The Position of Women in the Hindu Shastras.