DR. AMBEDKAR AND THE HINDU CODE BILL 605
Sir, I am surprised at one thing. Here we are trying to preserve adoption. I don’t know for what purpose. Adoption is a thing which is peculiar to Hindu law. In other societies also children are adopted but not for the purpose of continuing the family, only to satisfy the natural craving in any human being to have children and to rear them. I am told that in America and England also people do adopt children but there the object of adoption is different. The adoption as envisaged in the present system of Hindu law is peculiar and it is so because the Hindu structure of the joint family is based on the continuity of that joint family. But after the break up of the joint family in the way you are trying to do by this legislation, what is the necessity for making a provision for adoption? Look at it from a different view. Why was adoption a peculiar feature of Hindu society ? Because the main feature of the Hindu society was the basis of the joint family and its continuity required adoption. With the breaking up of the joint family and the coming of individualism, I don’t see why we should waste our time on trying to preserve adoption. I am certainly against adoption. Even in the case of adoptions that now take place, 99 cases out of 100 result in
litigation in courts because the whole idea has undergone a change. The widow adopts a child thinking that the boy adopted might be useful to her
in managing her property and affairs free of charge. The boy thinks that by adoption he will get something from the person who adopts him for
nothing. So, at present adoption takes place purely from a motive of selfinterest; adoption as conceived in the olden days is disappearing. As a lawyer
of some standing and experience, I have found that in 99 out of 100 cases of adoption the result has been litigation because the original idea underlying
adoption has undergone a change. But now with the coming into force of the provisions of this Bill the whole joint family system will disappear, the
individualistic society as in other parts of the world will come and it is therefore not necessary to make any provision regarding adoption. It would
be confusing to do so. If we are consistent and logical in what we are doing, we should do away with adoption altogether.
I have now to refer to marriage and divorce. A point was raised by the Hon. member Mr. Santhanam who asked everyone whether they were against or in favour of monogamy. I would say that monogamy is absolutely necessary in these days. I don’t think there is any member in this house who is opposed to it. But is the Hindu