Discussion on the Hindu Code after return of the Bill from the Select Committee (11th February 1949 to 14th December 1950) - Page 452

DR. AMBEDKAR AND THE HINDU CODE BILL 437

those who feel that this means dissolution of Hindu society, are enemies

of progress ; such a Hindu society in my opinion ought to be dissolved.

What is this that a man should be called untouchable because he is born

in a particular caste. I have never seen a boy born with a broom : I

have never seen a boy born in a Brahmin family with a Yagnopavita,

nor a boy born in a Marwari family with a Taraju.

जन्मना जायते शूद्र: । संस्कारात द्विजोच्चते विद्यया याति विप्रत्ंय त्रेभि: श्रीतयोच्चतो चवे ।

All are born Shudras and after Sanskara a man attains higher status and when he has gone through the different stages of learning and accomplishment he becomes a Shrotriya, Here is the real spirit of Hinduism, not the spirit which is evinced by some of our old Sanantanic friends here and outside. If the object of this great country, as has been often given out to be is to make a classless society, then we must see to it that proper institution, both social and political are evolved and enlarged. I therefore consider that whatever recommendations are made in this Code as regards marriage are not only absolutely necessary, but they do not go far enough. But as I agree with my honourable friend, Pandit Maitra, that in social mailers we ought to be slow, I am willing to accept this position for the time being.

The most controversial part of the whole thing is the elimination of the coparcenary from Hindu society. Something was said of public opinion. Something was said of the press and the bar. In my own province there is an association called the ‘Dharma Nirnaya Mandal’, In this Mandal are to be found Mahmahopadyaya Tarkatirth Vidyavachaspati men of high learning and scholarship. Very recently they have passed a resolution and expressed views on the proposed Hindu Code :—

“The Dharma Nirnaya Mandal takes this opportunity, when the Hindu Code is on the anvil for consideration in the present session of the Assembly, to express its appreciation of the general liberalizing influence which is brought to bear in the framework of the present code. The Mandal sees this influence clearly in the removal of—

(a) distinction regarding joint ancestral and self-acquired properly:

(b) different treatment of sons and daughters :

(c) technical difficulties in the interpretation of Women’s Estate; and

(d) distinctions between Mitakshara and Dayabhaya rules of inheritance.

The Mandal believes that the above reforms will go a great deal to minimise court litigations and foster national spirit and engender a feeling of oneness by this one Hindu Code being made to apply to all Hindus in the whole of India. The Mandal notes this as the first attempt ever made in this direction within historical memory.

This is the reason, why in spite of several differences in minor details,

the Mandal heartily supports the present measure as it is.”