DR. AMBEDKAR AND THE HINDU CODE BILL 531
to the remaining 10 per cent. This is not legal logic. It is not acceptable. The Muslims are microscopic minority in India. Should that be a reason for converting all the Muslims into Hindus or imposing upon them the laws of the Hindus and to cremate their dead bodies, for example, according to the Hindu custom ? Or take the other example. The Hindus are in a minority in Pakistan. Would the Hindus call it justice if the Muslim law is forced upon them—if according to the customs of the majority the Hindus are made to bury their dead ? Therefore, the argument of the majority is nothing.
With regard to the statement that 90 per cent of the people have their system of divorce, the Hindu of Madras, in an editorial, said that so far as Madras is concerned it is a “damn lie” or something of the sort and that it is entirely inapplicable to the Scheduled Classes or the Sudras in Madras.
May I now speak from my experience in Bengal. There are many distinguished Members from Bengal, particularly Pandit Maitra. He will correct me if I am wrong. Is it the custom amongst the 90 per cent Sudras in Bangal to...............
Pandit Lakshmi Kanta Maitra : That is sheer nonsense !
An Honourable Member : He is not a Sudra ?
The Honourable Dr. B. R. Ambedkar : Maitra, a Sudra ?
Mr. Naziruddin Ahmad : We live amongst them. Is it customary among the majority of the Sudras to resort to divorce ?
Babu Ramnarayan Singh : In some cases.
Mr. Naziruddin Ahmad : Certainly. But that does not make it the rule of the 90 per cent Sudras. Some Assam Members whisper from behind that it is, I hope Assam grows tea and also divorce ! But Bengal produces tea without divorce. I submit Sir, that the argument of the majority is based on a mistaken notion. The facts are not true. It may be that in Bombay it is very prevalent and for that reason the Honourable the Law Minister might have been impressed with the applicability of the theory in other parts of India. Therefore, the assertion that 90 per cent of the people accept divorce is not based on facts, and even if it was true, that should not be made applicable to those who do not observe that system. That argument would fail and should not be used to support the result. A system of straight divorce or an uniform divorce, though a uniform procedure and rule would produce hardship in those cases where a simple form of divorce is prevalent by custom, and would