Vol. 14, Part II · pages 401–405

1181 DR. AMBEDKAR AND THE HINDU CODE BILL The motion was negatived. Mr. Deputy Speaker : The question is : Omit proviso to sub-clause (2) of clause 2. The motion was negatived. Mr. Deputy Speaker : The question is : In the proviso to sub-clause (2) of clause 2, for “in respect of those matters” occurring at the end, substitute : “In respect of matters which that person has not voluntarily chosen.” The motion was negatived. Mr. Deputy Speaker : The question is : After sub-clause (1) of clause 2, insert: “(1A) This code shall not apply to the Scheduled Castes and Scheduled Tribes.” The motion was negatived. Mr. Deputy Speaker : Amendment No. 281 is barred. I now come to amendments of a formal and verbal nature. First I shall put amendment No. 3 by Dr. Ambedkar. The question is: In clause 2— (1) in sub-clause (1),— (i) in part (a) for “Hindus, that is to say, to all persons professing the Hindu religion” substitute “persons who are Hindus by religion” ; (ii) in part (d), for “Hindu religion” substitute “Hindu, Buddhist, Jaina or Sikh religion”; (2) Omit sub-clause (4). The motion was adopted. Shri R. K. Chaudhari : Sir, I want to oppose the next amendment of Dr. Ambedkar. I think he is making one of the most colossal mistakes of his life. Shri J. R. Kapoor : What is the subject matter ? Mr. Deputy Speaker : Mr. Chaudhari is opposed because Dr. Ambedkar wants to substitute “tribe or community” for “community” Perhaps Dr. Ambedkar’s fear is that “community” may not include a tribe; therefore, he wants to make it more specific. The question is : In the amendment proposed by the Hon. Dr. B. R. Ambedkar, printed as No. 3, after part (1) (i) insert:

1182 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES “(ia) in part (c) (ii) for “community” substitute ‘tribe or community’,” The motion was adopted, Mr. Deputy Speaker : The question is : 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 Hinuds by religion”. The motion was negatived. Mr. Deputy Speaker : The question is : For part (b) of sub-clause (1) of clause 2, substiute: “(b) to all persons who are Buddhists, Jains or Sikhs by religion ;” The motion was negatived. Dr. Deshmukh (Madhya Pradesh) : May I point out that the hon. Doctor had suggested that he wants to hold over the final passing of the clause ? Mr. Deputy Speaker : The hon. Member was perhaps not present when I later on modified that it is only a formal changes in the name— whether it should be called Hindu Code or Hindu Marriage and Divorce (Amendment) Code. That is only a formal matter. Then, the question is : 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.’ ” The motion was negatived. Mr. Deputy Speaker : What about amendment No. 91 moved by Pandit Thakur Das Bhargava ? Pandit Thakur Das Bhargava : I beg leave to withdraw it. The amendment was by leave, withdrawn. 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:

1183 DR. AMBEDKAR AND THE HINDU CODE BILL “(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.’ ” The motion was negatived. Mr. Deputy Speaker : Amendment No. 93 is barred as it is similar to one already negatived. Then, the question is: Omit sub-clause (3) of clause 2. The motion was negatived. Mr. Deputy Speaker : Amendment No. 283, being the same, is barred. What about amendment No. 238 moved by Mr. Jaspat Roy Kapoor ? Hon. Members must be attentive. An Hon. Member : Your amendments are being negatived. Shri J. R, Kapoor : I am sorry, Sir but there is this talk going on here. Mr. Deputy Speaker : The Hon. Member himself speaks and quarreles with other Members. Shri J. R, Kapoor : Sir, I beg leave to withdraw it. The amendment was, by leave, withdrawn. Mr. Deputy Speaker : What about amendment No. 116 moved by Shri Gokulbhai Bhatt ? Shri Bhatt : I beg leave to withdraw my amendment. It is not necessary. The amendment was, by leave, withdrawn. Mr. Deputy Speaker : Then, the question is: Omit sub-clause (4) of clause 2. The motion was negatived. Mr. Deputy Speaker : Amendment No. 284, being the same, is barred. The next amendment is No. 118 of Mr. Naziruddin Ahmad that after sub-clause (4) of clause 2, a new sub-clause be added, namely : “(5) Notwithstanding anything in this section this Code shall

1184 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES apply only to such areas or to such persons or classes of persons in any State ... etc.”. This has been held over to clause 1. Amendment Nos. 118 and 285 go together and they are held over. I would suggest to the hon. Member that if he wants to have these taken up in connection with clause 1 he may table a separate amendment. Shri Naziruddin Ahmad : I shall table a separate amendment to suit the context of clause 1. Mr. Deputy Speaker : The question is : 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.” 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 such person as will get his or her name registered with such authority and in such manner, as may be hereafter prescribed by Parliament, within five years after this Code comes into force and in case of a minor within five years after such a minor attains majority, to the effect that he or she does not want to be governed by this Code.” The motion was negatived. Mr. Deputy Speaker : The question is: 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.” The motion was negatived. Mr. Deputy Speaker : The question is ; To clause 2, add the proviso : “Provided further that notwithstanding anything to the contrary in this Act, no provision of this Act shall apply to any one unless a referendum thereupon has been taken in the State to which he belongs and the Legislature of the State thereafter has decided in accordance with the result of the referendum that the provisions of this Act shall apply to the residents of the State. Further, that, thereafter, it shall be open to anyone to declare that he shall not

1185 DR. AMBEDKAR AND THE HINDU CODE BILL be governed by this Act and the same shall then not apply to him.” The motion was negatived. Mr. Deputy Speaker : The question is; In part (a) of sub-clause (1) of clause 2, after “ including’ insert “Buddhists, Jains, Sikhs”. The motion was negatived. Pandit Malaviya : I do not press my next amendment. Mr. Deputy Speaker : Now, we have disposed of all the amendments. Is there any Hon. Member whose amendment I have not put to the House ? I take it that there is none. The question is : That clause 2, as amended, stand part of the Bill.” The motion was adopted. Clause 2, as amended, was added to the Bill.