270 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
slightest doubt in my mind that the shudras form practically 90 per cent of the total population of the Hindus. What are called the Regenerated classes probably do not fill more than ten per cent of the total population of this country, and the question that I want to ask of honourable Members is this : are you going to have the law of the 90 per cent of the people as the general law of this country, or are you going to have the law of the 10 per cent of the people being imposed upon the 90 per cent ? That is a simple question which every Member must answer and can answer.
So far as the ‘regenerated’ classes are concerned there was a time, if one refers for instance to the time when the Narada smriti or the Parashara smriti were written, when the smritis recognised that a woman can divorce her husband when he has abandoned her, when he died, when he has taken parivrija, and she was entitled to have a second husband. Consequently, it may be that at a later stage I shall read to you some extracts from your shastras to show. ( An honourable member: “Your shastras ”). Yes, because I belong to the other caste.
I shall read the extracts to show that what has happened in this country is that somehow, unfortunately, unnoticed, unconsciously, custom has been Allowed to trample upon the text of the shastras which were all in favour of the right sort of marital relations. My submission, therefore, to the house is that so far as any new principles have been introduced in the law of marriage or divorce, whatever has been done is both just and reasonable and supported by precedent not only of our shastras but the experience of the world as a whole.
With regard to adoption, there are again three points of controversy. One point of controversy with regard to adoption is this, that like the old Hindu law we do not make similarity or identity of caste a requisite for a valid adoption. We follow the same rule that we have followed with regard to marriage. Here again, I may say that if a Brahmin wants to adopt a Brahmin boy, he is free to do so. If a Kayasth wants to adopt a Kayasth boy, he is free to do so. If a Shudra wants to adopt a boy of his own community he is free to do so. If a Brahmin is so enlightened as not to adopt a boy belonging to his own community but adopts a Shudra, he is also permitted to do so. There is therefore no kind of imposition.
Seth Govind Das (C. P. and Berar: General): Why do you consider such a Brahmin enlightened ?
The Honourable Dr. B. R. Ambedkar : Well, I do not know. From my point of view certainly he is enlightened; from your point of view he may be a very dark man, but that is a difference of opinion.