DR. AMBEDKAR AND THE HINDU CODE BILL 351
the joint Hindu family cannot stay for long. But, so far as this Bill is
concerned, if it says that in future they will be tenants in common. I have
no quarrel. This was given in the other Bill and this is also given in this
Bill. I am too much of a realist to cry that my sacred ancient joint Hindu
family goes away. There were days when there was great use for the joint
family. Now we are turning back to co operative forming, co-operative holding
of properties, etc. At the same time, we are providing social insurance, etc.
We are doing all these things in such a manner that we are reverting back
to the principles on which the old joint Hindu family was doing. That is
beside the mark ; so far as the law goes, so far as the general circumstances
of the country go, so far as this joint family is concerned., I do not think
that it must be said
The Honourable Shri Jagjivan Ram (Minister of Labour): It is a lost cause.
Pandit Thakur Das Bhargava : Whatever you may say, Sir, there is no question of cause here. I do not like the idea that legislation should kill the joint Hindu family.
In regard to marriage, Sir, I have to submit a few considerations more. It is a very difficult matter.
An Honourable Member : That has been dealt with before.
Pandit Thakur Das Bhargava : I have placed some considerations before.
An Honourable Member : This is second marriage.
Pandit Thakur Das Bhargava : I find myself in very good company when I make ………………
The Honourable Shri Jagjivan Ram : You are with the Law Minister himself.
Pandit Thakur Das Bhargava : Shrimati Ammu Swamindhan, Mr. Shiva Rao and Shrimati Renuka Ray wrote as follows :
“Regarding claus 6 of Part II of the Code on ‘Forms of Hindu Marriage we would point out that there are, in certain parts of the country, longstanding customs or usages which recognise as valid marriages which would not come under the category if either sacramental or civil marriages in accordance with the provisions of this Part. We would therefore suggest a proviso at the end of clause 6 to confer validity on such marriages.”
What is this ? I understand that the trouble is the same in that part of India from which Mr. Bharati comes.
Shri L. Krishnaswami Bharati : Luckily I do not come from that part. I come from Tamilnad and they come from Malabar.