DR. AMBEDKAR AND THE HINDU CODE BILL 11
for the husband if he wants to make an adoption to obtain the consent of his wife and if there are more than one, at least the consent of one
of them. Secondly, it also lays down that if the widow wants to adopt, she can only adopt if there are positive instructions left by the husband authorising her to adopt and in order to prevent litigation as to whether
the husband has, as a matter of fact, left instructions to his wife, the code provides that the evidence of such instructions shall be either by registered deed or by a provision in the will. No oral evidence would
be admissible, so that chances of litigation are considerably mitigated. The Code also provides that the adoption may also be evidenced by registration. One of the most fruitful sources of litigation in this country
is the question of adoption. All sorts of oral evidence is manufactured, concocted; witnesses are suborned; widows are fooled; they one day declare that they have made one adoption and subsequently they make
an avowal that they have not adopted and in order that all this litigation may be put a stop to, the Code makes a salutary provision that there may be registration of adoption by a Hindu.
Then there is the question of minority and guardianship, the last subject which the Bill seeks to codify. There is nothing new in this part
of the Code and, therefore, I do not propose to say anything so far as that part in the Bill is concerned.
As members will realize, the points which arise out of this Bill for consideration and which are new are these: First, the abolition of birthright and to take property by survivorship. The second point that arises
for consideration is the giving of half-share to the daughter. Thirdly, the conversion of the women’s limited estate into an absolute estate. Fourthly, the abolition of caste in the matter of marriage and
adoption. Fifthly, the principle of monogamy and sixthly the principle of divorce. I have sought to enumerate these points separately and categorically because I felt that in view of the limited time we have
at our disposal, it would be of help to the Members of this House if I could point out what are the points of debate on which attention may be concentrated. These departures which are made in this Bill
undoubtedly requires justification, but I think it would be a waste of time if at this stage undertook any defence of the departures enacted by this Bill. I propose to hear Honourable Members as to what they
have to say on the points which I have enumerated and if I find that