DR. AMBEDKAR AND THE HINDU CODE BILL 971
In part (a) sub-clause (1) of clause 2, for “members”, substitute “followers”.
it is only a formal amendment and Dr. Ambedkar has agreed to accept this. The clause will then read : “and followers of the Brahmo, the Prarthana or the Arya Samaj”.
Shri Bhatt (Bombay) : I beg to move :
For sub-clause (2) of clause 2, substitute :
“(2) This Code also applies to any person, irrespective of his religion, who has been governed by the Hindu law or by any customor usage as part of that law in respect of any matters dealt with herein.”
I have tabled no other amendment. But Dr. Ambedkar has used the word ‘community’ with ‘tribe’, will he not also put in the word ‘clan’ with them ?
Shri Barman (West Bengal) : I beg to move :
In the proviso to sub-clause (2) of clause 2, for “in respect of those matters” occuring at the end, substitute :
“in respect of matters which that person has not voluntarily chosen.”
Mr. Deputy Speaker : The hon. member wants to give an option for him to come into the Hindu Code.
Dr. Ambedkar : Something like that.
Shri Barman : My intention is that a person who has voluntarily chosen to adopt the customs and usage of the Hindu law will not be allowed subsequently to say that he is not governed by them, but any third person may challenge or may prove that, that person was not governed by the Hindu Code and as such as regards the other matters the Code will not apply to him ; but as regards the matter which that person has himself voluntarily chosen, other persons would be precluded from challenging him.
Mr. Deputy Speaker : If he has already chosen, he will not be governed by the earlier portion of the Hindu Law. Perhaps the hon, Member wants to make it more clear.
Shri Naziruddin Ahmad : I beg to move :
(i) Omit part (b) of sub-clause (1) of clause 2.
(ii) In part (a) of sub-clause (1) of clause 2, for “Hindus, that is to say, all persons professing the Hindu religion” substitute “persons who are Hindus by religion”.