968 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Shri J. R. Kapoor : This is an amendment to my own previous amendment. Then I wish to move my amendment No. 125.
I beg to move :
(xi) To clause 2, add the proviso :
“Provided that the provisions of parts II or/and VII relating to marriage and divorce, and succession shall not apply to any person unless such person, after attaining the age of majority declares in writing that he or she, as the case may be, shall be governed by the said provisions, and gets such declaration registered in accordance with rules prescribed for the purpose by the Central Government:
Provided further that the provisions of Part II relating to marriage and divorce shall apply to such declarant only when both the bride and bridegroom before the marriage, or both the husband and wife after the marriage, make such a declaration.”
There is only one more amendment, notice of which I have given this morning. It is a small amendment and with your permission I shall move it.
I beg to Move :
(xii) In the amendment proposed by the Hon. Dr. B. R. Ambedkar, printed as No. 3, in the proposed amendments to sub-clause (1) of clause
2, after part (1) (ii), insert :
“(iii) insert a new part (e) as follows :
‘(e) to a convert to any religion or faith after the commencement of this Code’.”
Mr. Deputy Speaker : That is, if on the date of the commencement of this Code there is a Hindu, even if he changes his religion after the commencement of this Code it is this Code which will apply to him notwithstanding the change of religion. Is that the intention ?
Shri J. R. Kapoor : The intention is that if any person changes his faith after the commencement of this Code, then this Code shall apply to him. Suppose a Hindu changes his faith after the commencement of this Code and becomes a Muslim, even then it will not be open to him to have two, three or four wives at a time as he likes. That is, it should not be open to anyone to convert himself into a Muslim in order only to get over the provisions of this Code and to have more than one wife. There are other implications also of my amendment but I have explained this one important implication.
Shri Naziruddin Ahmad : One wife will be sufficiently difficult; two wives would be out of the question !