Discussion on the Hindu Code after return of the Bill from the Select Committee (11th February 1949 to 14th December 1950) - Page 500

DR. AMBEDKAR AND THE HINDU CODE BILL 485

Dr. P. S. Deshmukh (C. P. and Berar : General): I think the honourable

Member is wrong.

Mr. Deputy Speaker : If honourable Members go on interrupting in this

way it will be impossible to conduct the business of the House in an orderly manner. Mr. Naziruddin Ahmad may go on without putting questions to

other honourable Members.

Mr. Naziruddin Ahmad : As I said the definition of son has been omitted

as also the illustrations found in Part II, sub-clause (3) of clause 2 in regard

to intestate succession. Four illustrations have been omitted. These are substantial changes. I am only trying to draw attention to the nature of

the changes made. According to me these are omissions of a very serious

nature. They are not omissions of a drafting nature. I am not questioning the right of the Select Committee to improve the Bill, or to make these

omissions. These changes, however, were made not by the Select Committee

but by the Drafting Committee and the attention of the Select Committee

was not particularly drawn to these omissions.

Then I come to another important part of the Bill to show the very serious changes introduced by the Drafting Committee. In Part II, clause 4 of the

original Bill, the list of heirs has been given. It says that the inheritable

property of a male intestate shall devolve according to the rules laid down

in this part: (a) upon the enumerated heirs referred to in section 5, if any; (b) if mere is no enumerated heir, upon his agnates, if any ;(c) if there is

no agnate, upon his cognates, if any; and (d) if there is no cognate, upon

the heirs referred to in section 10, if any.

Mr. Deputy Speaker : I do not know if the honourable Member has

not a copy of the Hindu Code Comparative Tables, which was circulated to all honourable Members. The original Hindu Code as drafted by the Rau

Committee has been revised in the Ministry of Law and the changes made

have been indicated there. I would therefore suggest that the honourable

Member need not labour this point. I think he has spent

4 P . M . sufficient time over the first point. I personally think that

the point is sufficiently clear and of course illustrations can always be

multiplied. If it is a point here and there, the House will take it into

consideration. There are certain points which when made are sufficient in number. I agree they can be made clearer, but the changes made in the

tables, are sufficient.