Vol. 14, Part II · pages 441–445

1221 DR. AMBEDKAR AND THE HINDU CODE BILL The motion was adopted. Mr. Deputy Speaker : The question is : In clause 3, renumber the existing items (i), (ii), (iii) and (iv) as items (ii), (iii), (iv) and (v) and insert the following as item (i), namely : “(i) ‘Aliyasantana law’ means the system of law applicable to persons who, if this Code had not been psssed, would have been governed by the Madras Aliyasantana Act, 1949 (Madras Act IX of 1949).” The motion was adopted. Mr. Deputy Speaker : With the re-numbering of the parts as adopted by the previous amendment all the amendments relating to part (i) now relate to the present (ii). I shall put them to the House one by one. The question is : In part (i) renumbered as part (ii) of clause 3, for the words “among Hindus” substitute the words “among persons to whom this Code applies”. The motion was negatived. Mr. Deputy Speaker : The question is : In part (i) renumbered as part (ii) omit the words “and uniformity”. The motion was negatived. Mr. Deputy Speaker : The question is : In part (i) renumbered as part (ii) of clause 3— (a) after the words “group or family” occurring in line 4, add the following : “or any rule which is certain not unreasonable and has been judicially recognised as valid and binding in any local area, tribe, community, group or family”; and (b) Omit the first proviso. The motion was negatived. Mr. Deputy Speaker : The question is : In part (i) renumbered as part (ii) after the word “tribe” insert the word “Varna”. The motion was negatived. Mr. Deputy Speaker : in view of this amendment No. 413 having been negatived amendment No. 414 does not arise. The question is : Omit the provisions to part (i) re-numbered as part (ii) of clause 3. The motion was negatived.

1222 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Mr. Deputy Speaker : The question is : For part (i) renumbered as part (ii) of clause, substitute the following : “(ii) the expressions ‘custom’ and ‘usage’ signify any rule which having been in vogue for a long time, has obtained the force of law among Hindus in any local area, caste, sub-caste, tribe, community, group or family : Provided that the rule is certain and not unreasonable ; and Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family.” The motion was negatived. Mr. Deputy Speaker : The question is : “That part (i) renumbered as part (ii) of clause 3, stand part of the Bill.” The motion was adopted. Shri Naziruddin Ahmad : I have amendment No 377 to part (ii). Dr. Ambedkar : I would very much like to make suggestion here because that will shorten the labour. As you will see, some of the definitions given in part (ii) not only apply to marriage and divorce but they also were intended to apply to the other parts of the Code. In view of what has transpired, it would be necessary for me at a subsequent stage to amend this definition and to narrow it down to the provisions relating to marriage and divorce. Therefore, what I was going to suggest to the House is to pass this in a formal manner without attaching any great importance to it, because I shall come back to it when I deal with consequential amendments and then the matter may be dealt with at great length if they want. For the moment I am not very particular about this definition because I see that I will have to amend it. Mr. Deputy Speaker : Is there any objection to allowing this to stand over this part alone ? Dr. Ambedkar : I have no objection. Mr. Deputy Speaker : In view of what has transpired, some consequential amendments have to be made later. So, I will allow this part to stand over. Shri Santhanam : It will mean the whole clause standing over. But after passing parts (viii) and (ix) the whole clause has to be put.

1223 DR. AMBEDKAR AND THE HINDU CODE BILL Mr. Deputy Speaker : It is in the discretion of the Chair to put the whole clause or put it part by part. As a matter of fact, I have placed it part by part and we have already adopted two parts. Shri Bharati : Definitions may be added at any time. Mr. Deputy Speaker : If the Bill is going to be restricted in scope then what is the harm in doing so ? Shri Naziruddin Ahmad : My amendment is for this very purpose, Sir. Mr. Deputy Speaker : The Hon. Member has thought much in advance and the Hon. Minister is only accepting what he is saying. So, this matter will stand over. Shri Naziruddin Ahmad : I have no objection. Shri Bharati : The words “full blood” and “half blood” do not occur in the part of the Code which we intend to pass. Originally we had intended to pass the whole Code and these words were necesary. Now that these words do not occur in this part we may as well drop them. Dr. Ambedkar : They may arise in connection with prohibited degrees, sapindaship and so on. Therefore, my suggestion is that it might be desirable at this stage to pass the part and if at a later stage I find it is necessary to make some amendments I will do so. Shri Bharati : After all, these are definitions of words which must have a reference to the words occurring in the subsequent chapters. If we do not see these words at all in the chapters on marriage and divorce I do not see any virtue in having the definition. Shri Naziruddin Ahmad : This part is amended by amendment No. 360 which is the latest version of this part. But even there terms like “uterine blood” appear. Dr. Ambedkar : My suggestion is that the better thing would be to allow these definitions going through ; if subsequently we find it necessary to change we shall change it, because, as I have already stated, I reserve the right of bringing appropriate amendments in view of what has happened with regard to this Code. Mr. Deputy Speaker : In any way, without any doubt this is required for the chapters on marriage and divorce. And these terms are there both in the original part and in the amended one. Now I will put part (iii) to vote. The question is : “That part (iii) renumbered as part (iv) of clause 3 stand part of the Bill.” The motion was adopted.

1224 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Mr. Deputy Speaker : The question is : In the explanation to item (iv) re-numbered as ( v), for “this clause” substitute “clauses (iv) and (v)”. The motion was adopted. Mr. Deputy Speaker : The question is : “That part (iv) renumbered as part (v), as amended, stand part of the Bill.” The motion was adopted. Mr. Deputy Speaker : The question is : In clause 3 after part (iv) renumbered as part (v), add the following new part : “(vi) ‘Marumakkattayam law’ means the system of law applicable to persons— (a) who, if this code had not been passed, would have been governed by the Madras Marumakkattayam Act, 1932 (Madras Act XXII of 1933), the Travancore Nair Act, II of 1100, the Travancore Ezhava Act, III of 1100, the Nanjindad Vellala Act, 1101, the Travancore Kshatriya Act, 1108, the Travancore Krishnavaka-Marumakkathayee Act, l115, the Cochin Thiyya Act, VIII of 1107, the Cochin Nayar Act of 1113, or the Cochin Marumakkathayam Act, XXXIII of 1113; or (b) who belong to any community, the members of which are largely domiciled in the State of Travancore-Cochin or Madras, and who, if this Code had not been passed, would have been ogverned by any system of inheritance in which descent is traced through the female line; but does not include the Aliyasantana law ;” The motion was adopted. Shri Naziruddin Ahmad : This is subject to reconsideration. Mr. Deputy Speaker : No. We have passed the Aliyasantana law. Dr. Ambedkar : The substance may be reconsidered. Mr. Deputy Speaker : So far as the language is concerned, the Hon. Member is always at liberty to suggest any modifications. The question is : In cluase 3, after the definition of “Marumakkattayam law” add the following new part : “(vii) ‘Nambudri law’ means the law applicable to persons who, if this code had not been governed by the Madras Nambudri Act, 1932 (Madras Act XXI of 1933), the Cochin Nambudri Act

1225 DR. AMBEDKAR AND THE HINDU CODE BILL (XVII of 1114), or the Travancore Malayala Brahmin Act of 1106 (Regulation III of 1106);” The motion was adopted. Mr. Deputy Speaker : Now, we come to part (viii)—that is the original part (v). It says ‘ “Part” means any Part of this Code’— Does he want it to go in ? Dr. Ambedkar : For the moment, it is very difficult for me to say what I want to amend or excise. I want time to consider. Later on I may change it to ‘Bill’ or ‘Chapter’ Mr. Deputy Speaker : Then I will leave the origin (v) [ the present (viii) ] to stand over. Now, I come to definition of “prescribed”. Capt. A. P. Singh (Vindya Pradesh) : I want to add the definition of “Kul” in the definition clause. Mr. Deputy Speaker : Let us finish these first. The question is : “That part (vi) renumbered as part (ix) of clause 3 stand part of the Bill.” The motion was adpoted. Shri Bharati : Is it understood that the word ‘Code’ may be changed ? Dr. Ambedkar : It will be appropriately changed. Mr. Deputy Speaker : Part (vi) relating to definition of ‘prescribed’ as renumbered is accepted. Now, we come to part (vii) relating to definition of ‘related’. It is renumbered as (x). The question is : “That part (vii), renumbered as part (x) of clause 3 stand part of the Bill.” The motion was adopted. Mr. Deputy Speaker : Now we come to part (vi) of amendment No. 5 by Dr. Ambedkar. It says—in item (viii) as renumbered, for ‘any’ substitute ‘a’. Dr. Ambedkar : Originally it was ‘any part’. I now say ‘a part’. But you will remember that you have held over renumbered Part (viii). So, this will also stand over. Mr. Deputy Speaker : Then we come to the definiton of ‘son’— part (viii) of the original clause. Pandit Thakur Das Bhargava : I have got an amendment here. It is No. 127. Dr. Ambedkar : It is a kind of power of attorney.