DR. AMBEDKAR AND THE HINDU CODE BILL 299
Dr. Ambedkar should have presented to this House such a Bill which would have concerned not the Hindu’s alone, but would have been made applicable to all the citizens of this country. While admitting this country as a ‘Secular State’, the idea of introducing a Hindu Code Bill seems to me quite inappropriate. Then again if we now see this Bill, we shall have to admit this that it ..................
Shri R. K. Sidhva : The Honourable Dr. Ambedkar referred to the ancient Shastras. You may also point out which of the Shastras go against the provisions of Hindu Code ?
Seth Govind Das : Now if we see this Bill, we find that it contains many such Clauses to the acceptance of which there should not be any objection. And if at all this Bill is not postponed but is passed into Law, I am sure we shall accept these Clauses without indulging into any sort of controversy. But along with this, we also feel that it contains many such Clauses the acceptance of which is succeptible of being considerably harmful. The Honourable Dr. Ambedkar has himself admitted today that many of the Clauses arc of controversial nature and he has also thrown sufficient light on these controversial issues. The first controversial issue is ‘ marriage ’ and ‘ divorce ’, If we take up the ‘ marriage ’ and ‘divorce’, I would be prepared to accept one thing at least that we should make some such change in our legislation which would do away with the Caste System. And if any Brahmana wants to marry a Sudra or a Sudra a Brahmana; or setting aside the case of Brahmana and a Sudra, if any Hindu wants to marry a Muslim or any Muslim a Hindu, or if the members of any community wants to have inter-communal marriages, there should not be any bar to such marriages being solemnized. This Caste System has ruined our country. It has resulted in the remification of our country and society into small parts—may even the smallest sections. All of us are very well aware of the disabilities that exist in the marginal sphere today and which are the outcome of this dismemberment. The old people also know this and even today—they look upon the solemnization of such marriages with abhorence. They say that they have to marry their sons as well as daughters against their wishes. But I fully support such a freedom being given. I am even a supporter of ‘divorce’. I would submit that notwithstanding the fact that no ‘Marriage Code’ has so far been invented in the world which may be regarded as the panacea for the removal of all ills, still we have got to see that if the husband and wife cannot live a harmonious life, they should be given the right of divorce. The Honourable Dr. Ambedkar