512 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
I shall ask you, Sir, to consider the corresponding language of the Departmental Bill. The original Bill—I shall repeat with your permission— is
“That the making of such an entry shall not be compulsory.”
Shri Mahavir Tyagi : Does it mean that the married parties will go to the Registrar’s House?
Mr. Naziruddin Ahmad : According to the original Bill, the making of such entries is not compulsory. That is absolutely clear. But let us consider the corresponding provision of the departmental Bill:
“The making of such entries shall be compulsory.”
Shri Jaspat Roy Kapoor (U. P.: General): In which place ?
Mr. Naziruddin Ahmad : I shall come to that later on. “Which place” is also mentioned. It is at very inconvenient places !
So the original law was that by rule particulars of marriages might be entered in a book for the purpose of facilitating proof, “but the entry shall not be compulsory”. But in the revised clause in the departmental Bill, the particulars shall be entered and the making of the entries shall be compulsory in such cases.
And then, what is more, there is sub-clause (2) and clause 9 of the departmental Bill which reads :
“In making the rules under sub-section 1, the Provincial Government may provide that a contravention thereof shall be punishable with fine which may extend to Rs. 100”
The position is a little vague as to whether the compulsory character attaches to the registering officer or is addressed to the party. But more of this later on.
Shri Mahavir Tyagi : Which clause are you referring to ?
Mr. Naziruddin Ahmad : Clause 9(2) of the Departmental Bill as well as to clause 9(2)of the final Bill. In fact it gives authority to the Provincial Government to impose a fine for not complying with it or even a vague suspicion that parties who fail to register or have them entered, will also come within the mischief of this provision. But the matter has not been left in doubt and it is clear later on.
Mr. Speaker : The validity of the marriage is not affected, in which case, where is the substantial change? It is only a matter of detail which, it would be as well for the honourable member to speak on, when we come to clause by clause consideration of the Bill.