DR. AMBEDKAR AND THE HINDU CODE BILL 281
for some reason custom has destroyed the efficacy of that text: otherwise, the daughter would have been, on the basis of our own Smritis, entitled to get one-fourth share. I am very sorry for the ruling which the Privy Council gave. It blocked the way for the improvement of our law. The Privy Council in an earlier case said that custom will override law, with the result that it became quite impossible to our Judiciary to examine our ancient codes and to find out what laws were laid down by our Rishis and by our Smritikars. I have not the least doubt about it that if the Privy Council had not given that decision, that custom will override text, some lawyer, some Judge would have found it quite possible to unearth this text of Yagnavalkya and Munusmriti, and women today would have been enjoying, if not more, at least one-fourth of the share of their property.
The original Bill had raised the share of the daughter to one-half. My Select Committee went a step further and made her share full and equal to that of the son.
I am not entitled to disclose what happened at the Select Committee and how this provision came to be made. I am perfectly .............
Shrimati Renuka Ray (West Bengal: General): Unanimously !
Mr. Deputy Speaker : Was it a compromise between twice the share of a son claimed and half the share provided in the Bill ?
The Honourable Dr. B. R. Ambedkar : It was not a compromise. My enemies combined with my enthusiastic supporters and my enemies thought that they might damn the Bill by making it appear worse than it was.
Shri. H. V. Kamath : Have you any enemies.
The Honourable Dr. B. R. Ambedkar : However, this is the position, namely, so far as the daughter’s share is concerned, the only innovation that we are making is that her share is increased and that we bring her in the line with the son or the widow. That also, as I say, would not be an innovation if you accept my view that in doing this we are merely going back to the text of the Smritis which you all respect.
I might also say that in discussing this question about the share of the daughter, myself, and the members of the Law Department examined every system of inheritance. We examined the Muslim system of inheritance : We examined the Parsi system of inheritance : We examined also the Indian Succession Act and the line of succession