Vol. 15 · pages 1106–1110
As Free India's First Law Minister and Member of Opposition in Parliament, 1947–1956
This text was extracted automatically from the official PDF of Dr. Babasaheb Ambedkar: Writings and Speeches, so it may contain small errors. Always check the original page before quoting.
PDF page 1106 (printed page 1087)
1087PARLIAMENTARY DEBATES
(69)
*PREVENTION OF HINDU BIGAMOUS
MARRIAGES ACT
1413. Shrimati Jayashri : Will the Minister of Law be
pleased to state:
(a) the names of the States where legislation for the
Prevention of Hindu Bigamous Marriages is in force;
(b) the number of cases of marriages performed in
contravention of provisions of the Act, in the year 1950 ; and
(c) the cases which ended in convinction, during the
year 1950?
The Minister of Law (Dr. Ambedkar): (a) As far as I
am aware, legislation for the prevention of bigamous marriages
among Hindus is in force in Bombay and Madras only.
(b) and (c). The exact figures for the year 1950 are not
available. I understand, however, from Bombay, that the
number of marriages performed in contravention of the Bombay
Act between 6th November, 1946, when it came into force, and
31st August, 1950, is 1,934, and the number of cases which
ended in conviction during the same period in that State is
756. I have not received any information from Madras so far.
zz
* P. D., Vol. 10, Part I, 28th September 1951, p. 1814.
PDF page 1107 (printed page 1088)
1088 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
ANNEXURE
(A)
*LEGAL PRACTITIONERS AND BAR COUNCILS
(AMENDMENT) BILL
The Honourable Dr. B. R. Ambedkar (Minister for
Law): Sir, I move :
“That the Bill further to amend the Legal Practioners Act,
1879, and the Indian Bar Councils Act, 1926, be continued.”
Shri Biswanath Das : (Orissa : General): May I know
the stage at which this Bill stands ?
The Honourable Dr. B. R, Ambedkar: It was merely
introduced.
Mr. Speaker: The question is :
“ That the Bill further to amend the Legal Practioners Act,
1879, and the Indian Bar Councils Act, 1926, be continued.”
The motion was adopted.
(B)
**PRESS (SPECIAL POWERS) BILL
The Honourable Sardar Vallabhbhai Patel: Sir, I move:
That for clause 17 of the Bill, the following clause be
substituted, namely:
“Repeal of Ordinance X of 1947
‘17. The Press (Special Powers) (No. 2) Ordinance, 1947, is
hereby repealed’.”
Mr. Speaker: The words on the left side appear to be a
marginal note.
The Honourable Dr. B. R. Ambedkar (Minister for
Law): Those words need not be put.
* C. A. (Leg.). D., Vol. 1, Part II, 17th November 1947, p. 40.
**Ibid., 20th November 1947, p. 353.
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1089PARLIAMENTARY DEBATES
*Mr. Speaker: I shall take up this amendment after the
Honourable Minister has moved that the Bill as amended be
passed.
The Honourable Dr. B. R. Ambedkar: Sir, may I
with your permission go back to clause 2 and move that for
the word “something” in the clause the word “anything” be
substituted. That is the more appropriate word that should
have been used. There was an amendment but unfortunately
my honourable Friend did not move it.
Mr. Naziruddin Ahmad: I was too late and that was
the reason.
(C)
**DISPLACED PERSONS
(LEGAL PROCEEDINGS) BILL
The Honourable Dr. B. R. Ambedkar (Minister of
Law): Sir, I beg to move for leave to introduce a Bill to make
special provision for the relief of displaced persons in respect
of certain legal proceedings.
Mr. Speaker: The question is:
“That leave be granted to introduce a Bill to make special
provision for the relief of displaced persons in respect of certain
legal proceedings.”
The motion was adopted.
The Honourable Dr. B. R. Ambedkar: Sir, I introduce
the Bill.
*C. A. (Leg). D., Vol. 1, Part II, 20th November 1947, p. 355.
**Ibid., Vol. 3, Part II, 31st March 1949, p. 2141.
PDF page 1109 (printed page 1090)
1090 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
(D)
*DEMAND FOR SUPPLEMENTARY GRANTS FOR
1948-49 (ADMINISTRATION OF JUSTICE)
Mr. Speaker: I think then, I should first call upon the
Honourable Law Minister to reply to Demand No. 34. I have
to put it to vote. I thought the honourable Member wanted
to speak on that.
Shri R. K. Sidhva: No, Sir.
The Honourable Dr. B. R. Ambedkar (Minister of Law):
Sir, this item ‘Administration of Justice’ really belongs to the
Home Ministry, because they are in charge of the subject,
but I am sure, we must today at least spare the Sardar of
the trouble that would be involved in replying to this debate.
I am, therefore, taking the responsibility on my shoulders.
I must also say that I have had no previous consultation
with him and so, I do not know, whether I would be exactly
representing the views of the Home Ministry on the subject
that I am speaking.
Sir, this question of the law’s delay is a long cry that
we have been hearing in this country and the Government
of India, if I remember correctly, at one time appointed a
Committee the Civil Justice Committee—and some of the
recommendations made by that Committee were incorporated
both in the Civil Procedure Code as well as in the Criminal
Procedure Code with the object of avoiding delay in the matter
of coming to conclusions so far as litigation was concerned.
At the same time that unfortunately has not in any way
softened the complaint which we are now hearing about the
law’s delay. In my judgment and I think both my honourable
friends, Dr. P. S. Deshmukh and Shrimati Durgabai, who
have had considerable experience of practice in the Courts will
agree that much of the delay that takes place in litigation is
really due to the clients themselves. So far as my experience
goes, in law courts every client on an appointed day instead
of coming prepared either with the witnesses or with the
*C. A. (Leg). D., Vol. 3, Part II, 31st March 1949, pp. 2151-53.
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1091PARLIAMENTARY DEBATES
documents or some other subpoena that has been issued by
the court, comes with nothing except a petition asking for a
postponement. If the postponement is not granted, he either
abandons his pleader thinking that he has no influence with
the judge, because he has not been able to get the adjournment
or postponement or he becomes thoroughly dissatisfied and
the court has to consider whether in the interests of avoiding
delay his application should be rejected. It may be that in
view of the ignorance of our general mass of population they
cannot be expected to be prepared with everything at the
appointed time, and if they are not given time, even though
their cause may be very just, it may be lost.
Secondly, so far as the procedural law is concerned, there
is all the method and all the rules necessary for avoiding
delay. If our people who want to litigate about matters of
dispute were more expeditious, more efficient and more alert
in collecting their evidence, they themselves would avoid a
great deal of delay that takes place in the matter of litigation.
Dr. P. S. Deshmukh : What about the delays in the High
Courts ?
The Honourable Dr. B. R. Ambedkar: Well, the delays
in the High Courts also to a large extent are due to this fact.
My honourable friend probably does not know, as I happen
to know, that many of our people believe in astrology. When
they are told that their case is fixed on a particular date,
they first go to the astrologer to find out whether that is an
auspicious day, and if they find that it is not an auspicious
day, they run up to Bombay and get in touch with the office
of the Registrar of the High Court, sometimes bribe the
clerks heavily in order to take the case of the board on that
particular day. I know many such cases. Therefore, we have
done so far as procedural law is concerned to avoid delay.
Shrimati G. Durgabai: Is not delay due to the printing
of the records which takes a very long time ?
The Honourable Dr. B. R. Ambedkar: Well, I suppose,
in view of the fact that the Privy Council has laid down that