632 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
prohibiting certain people from marrying. I ask you : why take retrograde step in the name of progress and in the name of advanced
ideas and civilisation ? I certainly realise that there need not be any prohibition in regard to distant sapinda or people who have the same
pravara or the same gotra. But that stands on a different footing altogether. Where there is near relationship, why relax the
12 NOON rule ? I have been recently reading in newspapers and periodicals a good deal of discussion as to the advisability of near relations marrying
one another. This is one aspect which I know the Hon. the Law Minister, as a student of science and of history, will certainly consider. This is opposed
to the religious sentiments of the people. If scientific ideas, if religious considerations, if sentiments of the people have all to be taken into
consideration, then there is no point in relaxing that rule. It is not, of course, consistent with the well being of the society. If in the interests of the future
generation, if in the interests of the well being of our people, if in the interests of the progress of the race, you must promote marriages between near relations, by all means do so. Let us take a bold stand ; let us take
a clear stand ; let us take a determined stand in regard that matter. I do not want any shilly-shallying in regard to what may be regarded as a
question of fundamental principle. Either adopt the ancient principle or adopt a more rational or modern principle according to your ideas. But personally,
I would very much prefer the old rule being retained. Let me be quite clear. In regard to particular communities where, for example, certain customs
have been prevalent in some parts of India, you have already provided for it in another clause. But the general rule should be to prohibit marriage
between sapindas. In this respect, the move is not in the right direction.
With regard to the law of divorce, in trying to bring about a uniformity
of law there is no point, as Sir Tek Chand has pointed out in his memo, in imposing special restrictions upon communities and classes
of people among whom restrictions do not obtain at present. I know that in parts of South India divorce by mutual consent in the presence
of the village headman or the Panchayat is still prevalent as in other parts of North India. After all, it looks as if divorce is to be the
essence of the law of marriage according to a certain school. But must you think of divorce before you think of the marriage ? If that is
the running idea and if you want to give encouragement or at any rate provide an easy divorce, why provide for law courts,