DR. AMBEDKAR AND THE HINDU CODE BILL 515
silence, it does not mean that they are accepting his interpretation. He may proceed to the next point now.
Mr. Naziruddin Ahmad : I come to clause 8 of the departmental Bill.
Mr. Speaker : It would be better if the honourable member gives references to the final Bill as it is before the House and then point out the change. Otherwise I cannot follow. He is referring to three or four Bills.
Mr. Naziruddin Ahmad : I have been starting from the original Bill. Of course it is clause 8 in the final Bill also. In clause 4 of Part IV of the original Bill it is said:
“A sacramental marriage may be solemnised in accordance with the customary rites and ceremonies of either party thereto.”
In the revised draft clause 8, sub-clause (1) says :
“A sacramental marriage shall not be complete and binding on the parties unless it is solemnised in accordance with such customary rites and ceremonies of either party thereto as are essential for such marriage.”
Sir, I do not think it is a point of argument—this is by mistake. But the point which I wish to submit is that I do not insist on this interpretation as a necessary logical consequence but I believe it is introduced unconsciously and there is a certain amount of doubt as to the validity of the marriages. I know that the feeling of every lawyer, judge and statesman would be against the invalidity of the marriage on this ground of registration. But that is political; the approach should be entirely legal and constitutional. What is the interpretation ? If you do not perform your marriage in accordance with these new provisions the marriage will be invalid. It follows therefore, whether we agree with the justice of the provision or not, it follows to my humble mind that unless the particulars of the marriage arc entered in the register the marriage itself would be invalid. I submit that for the consideration of the House.
I have already referred to the provisions in regard to the making of the entries, that the making of the entries shall be compulsory.
Mr. Speaker : That he has said; he need not repeat it.
Mr. Naziruddin Ahmad : Is it compulsory for the parties or for the registering officer ?
Mr. Speaker : That is a matter of detail into which we need not go at present.