Vol. 14, Part II · pages 396–400

1176 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES been moved. I have, therefore, put these amendments into groups according to the subject matter and also according to the clauses. The Minister of Works, Production and Supply (Shri Gadgil): There are two amendments moved to this clause by the Hon. Minister himself. Dr. Ambedkar : There are only two amendments. Mr. Deputy Speaker : I am referring to all the amendments. Certainly, those amendments which the Hon. Minister has himself moved and the one standing in the name of Dr. Tek Chand which the Hon. Minister is willing to accept, will be borne in mind. It is my duty to place before the House what exactly the amendments are on which they are called upon to vote for or against. Instead of going into the details, and for purpose of convenience, I shall put the amendments in each group one by one. I shall take the group : “application to all Indians compulsorily”, that is not only to Hindus but Buddhists, Jains, non-Hindus, Muslims, Christians etc. who come under the operation of this Bill. The question is: 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.” The motion was negatived. Mr. Deputy Speaker : The question is : For clause 2, substitute : “2. This Code applies to all Indians irrespective of their religion, caste, or creed.” The motion was negatived. Mr. Deputy Speaker : Shri Jhunjhunwala’s amendment for substitution of clause 2 is barred as the House has already decided upon this. Then, I come to the other set: that this Code should apply only to those who make a declaration, and even then, the parts that are declared should apply. The question is :

1177 DR. AMBEDKAR AND THE HINDU CODE BILL 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.” The motion was negatived. Mr. Deputy Speaker: The next two amendments of Shri J. R. Kapoor also go with his amendment negatived just now. They are also therefore deemed to be negatived. Then, the question is: In the amendment proposed by Shri Banarsi Prasad Jhunjhunwala, in the proposed proviso to clause 2, for the words beginning with “unless such persons” 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.” The motion was negatived. Mr. Deputy Speaker: The question is: 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 minor attains majority.” The motion was negatived. Mr. Deputy Speaker: The question is: 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 provisons, 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.”

1178 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES The motion was negatived. Shri J. R. Kapoor : Sir, in view of the changed circumstances of the case, I would request leave of the House to withdraw my amendments Nos. 97 and 272. But all the same I would like to move at a later stage, an amendment, when we know how exactly this Part stands when we have gone over the whole of this chapter relating to marriage and divorce. The amendments were, by leave, withdrawn. Mr. Deputy Speaker : Then there is amendment No. 336 standing in the name of Shri J. R. Kapoor. Does he want me to put it ? Shri J. R. Kapoor : Yes, Sir. and I hope the Hon. Law Minister will please go over it and see what it means, otherwise there will be difficulty in enforcing what he wants to enforce. Mr. Deput-Speaker : Why at this stage. All persuation has already been done. The question is : 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.” The motion was negatived. Mr. Deputy Speaker : The question is : 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’.” The motion was negatived. Mr. Deputy Speaker : Now I take another topic—inclusion or exclusion of categories of people. The question is: In the amendment proposed by the Hon. Dr. B. R. Ambedkar, printed as No. 3, in part (1) (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.” The motion was negatived. Mr. Deputy Speaker : The question is: In part (d) of sub-clause (1) of clause 2, at the end, add: “subject to his rights and liabilities before his conversion.” The motion was negatived.

1179 DR. AMBEDKAR AND THE HINDU CODE BILL Mr. Deputy Speaker : The question is: After part (d) of sub-clause (1) of clause 2, add: “(e) to a Muslim or Christian converted from Budhism, Jainism, Sikhism or Hinduism in his life time.” The motion was negatived. Mr. Deputy Speaker : The question is: Omit part (b) of sub-clause (1) of clause 2. The motion was negatived. Mr. Deputy Speaker : Amendment No. 274, which also stands in the name of Mr. Naziruddin Ahmad is the same as the one just now negatived by the House. That need not be put. Then, the question is: For part (b) of sub-clause (1) of clause 2, substitute : “(b) to any person who is a Jaina by religion.” The motion was negatived. Mr. Deputy Speaker : The question is : In part (b) of sub-clause (1) of clause 2, for “Jaina or Sikh” substitute ; “or Jaina”. The motion was negatived. Mr. Deputy Speaker : Amendments Nos. 101 and 102 are only earlier amendments which are the same as the amendments which have been just now negatived by the House. I need not put them. The question is : In part (b) of sub-clause (1) of clause 2, omit “or Sikh”. Mr. Deputy Speaker : The queston is: In Clause 2, omit “Sikh”, wherever it occurs. The motion was negatived. Mr. Deputy Speaker : The question is: In part (c) (i) of sub-clause (1) after “illegitimate” insert: “who, if he has attained the age of eighteen years, is himself a Hindu and” The motion was negatived. Mr. Deputy Speaker : The question is: 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 Hindu”. The motion was negatived. [1-00 p. m.] Mr. Deputy Speaker : Amendment No. 277 is barred by a previous amendment and therefore need not be put.

1180 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Shri J. R. Kapoor : My next amendment deserves acceptance. It is an improvement in the language. Dr. Ambedkar : I will improve my own language. Pandit Thakur Das Bhargave : It is only a grammatical change. Instead of the present alone it seeks to include the past also. Mr. Deputy Speaker : The wording in the clause relates to the present. There is a difference. It is not a formal amendment. The question is : In Part (c) (i) of sub-Clause (1) of clause 2, after “parents are” insert “or have been”. The motion was negatived. Mr. Deputy Speaker : Amendment No. 105 is covered by this and need not be put. Then, the question is : 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 ;” The motion was negatived. Mr. Deputy Speaker : The question : The question is : After part (c) (ii) of sub-Clause (1) of clause 2, insert: “(iii) to any orphan or abandoned child brought up by the state.” The motion was nagatived. Mr. Deputy Speaker : The question is: 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.” The motion was negatived. Mr. Deputy Speaker : The question is: Omit sub-clause (2) of clause 2. The motion was negatived. Mr. Deputy Speaker : The question is : For sub-clause (2) of clause 2, substitute : “(2) This Code also applies to any person, irrespective of his religion, who has been governed by the Hindu Law or by any custom or usage as part of that law in respect of any matters dealt with herein.” The motion was negatived. Mr. Deputy Speaker : The question is: In sub-clause (2) of clause 2, after “Parsi” insert “Sikh”.