DR. AMBEDKAR AND THE HINDU CODE BILL 511
particulars relating to such marriages in such manner as may be prescribed in the Hindu Civil Marriage Certificate book kept under section 6 of this Chapter.”
Babu Ramnarayan Singh (Bihar : General): On a point of information, may I know who is listening to the debate on behalf of the Government ?
Mr. Speaker : There must be someone !
Shri L. Krishnaswami Bharathi (Madras : General): I am taking notes for him.
Mr. Naziruddin Ahmad : The Minister should, in courtsey, be here.
Shri B. L. Sondhi (East Punjab: Genral): The Law Minister is there— just coming.
Mr. Naziruddin Ahmad : The original clause provided for rules made by the Government for the entering of particulars in a register for the purpose of facilitating proof : that is, it left the validity of marriage absolutely intact. It gave additional facility in the matter of proof that particulars of marriages might be registered in the Hindu Civil Marriage Certificate book and this could be provided by rules. This was only to facilitate proof. This was not a compulsory condition, nor any condition affecting the validity of the marriage. All that was laid down was a very usual rule, a very salutary rule, that particulars might be entered in a register and that might be prescribed in the rules. It would be only for the purposes of facilitating proof. It would not affect the validity of the marriage at all. In fact a marriage of which the particulars are not entered in this register would be perfectly valid, but registration would offer, or supply a ready-made method of proof of marriage, and a certified copy of the entry would be taken judicial notice of by a Court of law and much evidence would be dispensed with. But in the corresponding clause in the Departmental Bill, it is like this :
“For the purpose of facilitating the proof of any sacramental marriage, the Provincial Government may by rules provide (and here the sting comes at the tail) —
(a) That particulars relating to such marriages shall be entered in the Hindu Marriage Certificate book...........................”
In fact the compulsion is not yet complete, but only begins here.
Then, Sir, we come to clause (b) of the Departmental Bill. Subclause (3) of clause 6 of the original Bill says :
“The making of such an entry shall not be compulsory.”