DR. AMBEDKAR AND THE HINDU CODE BILL 513
Shri Mahavir Tyagi : It is a matter of importance, Sir. In that case it is a great change. The parties will have to be directed to the house of the Registrar instead of the House of the father-in-law.
Mr. Speaker : The scope of the present discussion is with reference to changes in the substantive law as proposed by the Rao Committee and as adopted by the Select Committee. A minor detail of registration is made compulsory. So far as validity of the marriage is concerned, it is not affected at all. I do not want any discussion on that. I do not say as to whether the change is desirable or not but for present purposes a discussion on that would be outside the scope.
Mr. Naziruddin Ahmad : I would like to refer to one or two sentences in that connection as well as on the final Bill. Clause 138—
Power to make rules—(2) sub-clause (ii) reads:
“The cases and areas in which particulars of sacramental marriages shall be compulsorily entered, and the punishment for any contravention thereof,”
This provides for compulsory registration, I am coming to the question how it affects the marriage. ( An honourable Member : ‘It is in the discretion of the provincial government’) It is in the discretion of the Provincial Government no doubt. But the Government is given a new power which it may enforce.
I come back again to clause 6 of the departmental Bill. It also corresponds to clause 6 of the final Bill.
“No marriage between Hindus shall be recognised as valid unless it is solemnised either as a sacramental marriage or as a civil marriage in accordance with the provisions of this Part.”
According to the clause in the original Bill these formalities were not required. The “provisions of this part” in the departmental Bill require compulsory rgistration of the marriage. In fact sacramental marriage and civil marriage are brought on a par with each other. In civil marriage of course registration is compulsory. The combined effect of the change of phraseology in clause 6 of the departmental Bill as well as the compulsory requirement of registration would make it appear that a marriage which is not registered—of which particulars are not entered which is made compulsory under this clause—would be an invalid marriage. No marriage shall be valid unless it is done in accordance with this Part.
Shri L. Krishnaswami Bharathi : Where is it ?
Mr. Naziruddin Ahmad : That is my interpretation which is submitted for the consideration of the House. In fact it may be farthest