272 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Code at all, because a custom can always eat into the Code and make the Code null and void. With regard to this particular matter of customary adoption such as Krithrim adoption, Godha adoption and Dwaimushayan adoption, my submission is this, that these are really not adoption at all. As the Privy Council in one of its rulings has definitely stated, adoption is purely a religious affair. The getting of property by the adopted son is a secondary matter. He may get property, he may not get property, and even though he may not get property his adoption from a religious point of view may be valid. Therefore, my submission is this, that all these customary adoptions are nothing else but devices to keep property within the two families which enter into this bargain, and in my judgement, since we have passed the Constitution and included in the Directive Principles one article saying that the State should take steps not to allow property being concentrated in the hands of one or a few, such devices like the Dwaimushayan where two parties merely agree to share the property and keep it with them ought not to be tolerated. Besides, there is no reason why parties who want to make a genuine adoption should not conform to the rules and regulations regarding the Dattaka adoption which is permitted by the law.
Mr. Deputy Speaker: It is now one o’clock. The honourable Minister may continue after Lunch.
The Assembly then adjourned for Lunch till half Past Two of the Clock.
The Assembly re-assembled after Lunch at Half Past Two of the Clock, Mr. Deputy Speaker (Shri M. Ananthasayanam Ayyangar) in the Chair.
The Honourable Dr. B. R. Ambedkar : I want not to take up the points of controversy relating to the topic of co-parcenary law. The question is raised : Why does the Bill wish to seek to abolish the co-parcenary which is prescribed by what is called the Mitakshara law ? Now, Sir, having applied my mind in the best way I can for the proper exposition of this subjects, I think this is a question which required to be considered from three different points of view. One is how large a volume of property is included within the ambit of what is called co-parcenary property. If the volume that is comprised