894 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
referred to the question of breach of certain fundamental rights of the Constitution. He said if the present Hindu law is not amended, in the manner in which he seeks to amend this code, then a question may arise in the Supreme Court or in the High Court where it will be asked by the other parties that the Hindu law makes a discrimination between Sudras and non-Sudras. A Sudra of any age can be adopted. A sudra can be adopted even though he may be related very closely and then a Brahmin of a similar position cannot be adopted. Therefore there is discrimination in the present Hindu law and therefore he said that unless the present Hindu Code is adopted the present Hindu law will always be subjected to criticism by a court of law on the ground that it is discriminatory.
Now, Sir I come to a more serious point. I suggest that the arguments which have been put forth by me hon. friends. Messrs. Jhunjhunwala and Naziruddin Ahmad should also be taken into serious consideration. I also want to draw the attention of the House to one particular point, namely the discriminatory character of this legislation which hurts the Constitution itself. My hon. friend Mr. Naziruddin Ahmad and I are behaving as if we are sailing in the same boat. He is isolated in one bench here and I am isolated in another. My hon. friend, Mr. Naziruddin Ahmad—God forbid—if he were to take another wife, if he wants to marry again during the life-time of his present spouse, then he will not be liable to conviction either under the Indian Penal Code or under the Hindu Code, whereas I being a Member of the same House, being a close neighbour of his, if I dared to follow his example and if I have in undergo another ceremony of marriage, what will be my fate ? I shall be simply prosecuted, convicted, sentenced to imprisonment and probably man-handled when I am taken to prison by my own friends. There will be a great public feeling against you that I was spared in any way. Is this not discrimination ? If that is not discrimination, I fall to understand the meaning of the word ‘discrimination’. We are subjects of the same sovereign power; we are bound by the same Constitution ; we are living in the same realm and while the one enjoys the privilege of marrying as many as four times. I cannot dare to marry more than once. What is then the meaning of discrimination ?
Shri Tyagi : Bad luck.
Shri Raj Bahadur : On a point of information, may I know how many times has the hon. Member married already.
Shri R. K. Chaudhuri : That is a personal question. Examples are very contagious. My hon. friend Mr. Tyagi says that it was my