DR. AMBEDKAR AND THE HINDU CODE BILL 237
Chelmsford Reforms came into operation the council was dissolved and the Bill lapsed. After that, Dr. Gour attempted in 1923 to modify the old Bill of 1872 but then also, there was opposition and the Bill had to be modified in several particulars. It was only in the form of a civil marriage that persons of different castes or different sub-castes of Hindus could marry, sacramental marriages are not permitted. With regard to sacramental marriages under the Hindu Law, the position is different in the differnt provinces. Some provinces, as has been pointed out, permit what are called Anuloma Marriages ; other provinces do not allow that. In the latter provinces, the courts have held that though in some of the Smiritis, Anuloma marriages were permitted, they have become obsolete and they are not now recognised. In almost all Provinces, it is held that Pratiloma marriages are invalid. In the punjab and in some other provinces, where custom is the rule of decision, marriages between certain castes are allowed, but between certain other castes are not allowed. I think the time has now come when a bold step should be taken and this measure should be placed on the Statute book. No doubt, under the Hindu Code which is now before us, provisions to this effect have been made. The Hindu Code Bill is however a very comprehensive measure dealing with different subjects and covers a very much wider field. There is much opposition to some portions of it. We do not know how long it will take for the Bill to pass, in what form it will be passed, or whether it will be passed at all. ( Shri L Krishnaswami Bharathi : “It will be passed.”) It will certainly take time. There is no reason therefore, so far as this matter is concerned, to delay the passage of this simple measure, with which I think most people are aggreed. I therefore support the motion.
Shri Mahavir Tyagi (U.P.: General): I do also want to have the honour of recording my support to this Bill of great reform as my honourable friend Mr. Munshi has said .
It is long since india has suffered on account of communal differences. Marriages are the root cause and elections the ‘fruit-cause’ for all these differences; because, it is primarily at the time of the marriage that one enquires into the caste of the other. Every time when marriages are held, castes are enquired into. The next occasion, when the caste of a person is enquired into, is when one stands for election. Now that we have decided to have, joint electorates, we have to a great extent done away with the ‘fruit-cause’ of the communal