974 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
assimilate. For example, they have very simple forms of marriage and divorce. You are making their life more complicated.
Mr. Deputy Speaker : The hon. Member forgets that his objection is to the whole Code. If it is said that they have got simpler forms of marriage and divorce and these forms need not be introduced, that is a matter for consideration. (The whole Code goes out as if they do not belong to the Hindu community.)
Shri Naziruddin Ahmad : My objection is to the whole Code as well as every part—singly as well as taken as a whole.
Mr. Deputy Speaker : The hon. Member forgets that there is a consolidating portion also ; by his amendment even those portions for which no exception could be taken would not apply. We are only preliminarily discussing what exactly the hon. Member wants.
Shri Naziruddin Ahmad : Then, I beg to move:
(ix) Omit sub-clause (2) of clause 2.
Mr. Deputy Speaker : This is the residuary amendment. This seems to be absolutely meaningless. What is the Code which should govern ? The Indian Succession Act ?
Shri Naziruddin Ahmad : There may be a man who may have a new religion. There is in Japan a religion known as Shintoism. If a person professing that religion comes to India, would you apply the Hindu Code or the Muslim Code ? He should be governed by his own Code. The proviso says that if it is “proved” that another law applies to him, then the Hindu Code would not apply. Upon whom will the onus lie ? Suppose a man comes to India professing no religion. He has civil rights and liabilities. Would he be governed by the Hindu Code ? Why not the Muslim Code or the Christian Code or the Sikh Code ? Every man should be governed by his own Code. I shall explain this proviso at the proper time. This proviso also goes too far. It throws the onus upon a person coming into India who is not a Muslim, Christian, Parsi or Jew by religion, to prove his status. How can he prove that the Hindu Code does not apply ?
Mr. Deputy Speaker : He would be governed by private international law. Merely because he comes here, the Hindu Code would not apply.
Shri Naziruddin Ahmad : The point is that the onus is thrown upon a stranger who might find himself absolutely in hot waters.
Shri J. R. Kapoor : This Code applies to non-Hindus to whom some portions of the Hindu law or customs under the Hindu Law are