DR. AMBEDKAR AND THE HINDU CODE BILL 279
The other question that arises on this issue, namely women’s property is the share of the daughter. I know it would be a very great under-statement
to say that this is a ticklish question; it is a very anxious question. There are many people in this world, in India today, both orthodox and unorthodox
who cannot help producing daughters; they do. I do not know what would happen to this world if daughters were not born. At the same time, they
do not want to extend to the daughter the same love and affection which a parent is bound to extend both to the male and female issue. But, I am
not going to use any such high level of argument in favour of the proposition which has been enunciated by the Select Committee; I am going to speak
on a much lower tone. The first thing that. I would like to address myself to this house is this. The inclusion of the daughter among the heirs is not
an innovation which is made by this Committee. Honourable members who are familiar with the law of inheritance as it prevails both under the
Mitakshara and Dayabagha, I am sure, will admit that the daughter is included by both of them under what is called the compact series. As members will know, Hindu heirs are divided into several.categories. The first
category, is called, compact series. After that, there is a series of heirs spoken of as Sapindas, then comes samanodaks. After that comes the bandhus.
Bandhus are divided into three categories : Atma bandhus, Pitru bandhus and Matru bandhus. The compact series is really a special class of heirs
which does not conform strictly to the basic principles of heirship surrounded round gotraja, samanodaka and bandhus, because it is a mixed category.
It is a category which is based on double foundation. It is based on propinquity; it is also based on religious efficacy. They do not conform to
any of the criteria which have been laid down for determining the categories of sapindas, samanodakas and bandhus.
If you take both the laws, the Mitakshara as well as the Dayabhaga, you will see that the daughter is included within the category known as compact
series. The only distinction between the Mitakshra and the
3 P.M. Dayabhaga is this. According to the Dayabhaga the necessary
element in heirship is the capacity to offer oblation. Consequently the Dayabhaga makes a rule between a daughter who is unmarried, a
daughter who is married, a daughter who is married but has a son, and a daughter who is a widow. They give preference to a daughter
who is married and has a son. Next to that they give preference to a daughter who is married. The unmarried daughter comes