DR. AMBEDKAR AND THE HINDU CODE BILL 975
applicable. This proviso does not apply to anybody to whom no part of the Hindu law is applicable.
Shri Naziruddin Ahmad : The whole applicability of the Code goes by the wording of the Act and not on its so called internal meaning.
Shri J. R. Kapoor : The wording is clear. The proviso says: “Provided that if it is proved that such person...” “Such person” means the person referred to in sub-clause 2 and not a person coming from America or England.
Shri Naziruddin Ahmad : I beg to move :
(x) Omit sub-clause (3) of clause 2.
To me, this sub-clause is to beg the question. It says :
“The expression ‘Hindu’ in any portion of this Code shall be construed as if it included a person who, though not a Hindu by, religion is, nevertheless, governed by the provisions of this Code.”
This is the very question we have to clarify. To whom does this Code apply ? We say, if the Hindu Code is applicable to any one, he is bound by it. The question is to whom, apart from the Hindus, this Code should apply. It is begging the question to say that the expression ‘Hindu’ applies to whom this Hindu Code applies. We shall have to clarify the matters. I do not claim infallibility. But, I have felt some difficulty.
Then, I beg to move :
(xi) Omit sub-clause (4) of clause 2.
Dr. Ambedkar : That is also my amendment.
Shri Naziruddin Ahmad : I also beg to Move :(xii) After sub-clause
(4) of clause 2, insert: “(5) Notwithstanding anything in this section, this Code shall apply only to such areas or to such persons or classes of persons in any State and from such time or by such stages as the State legislature may from time to time by Act provide.”
Mr. Deputy Speaker : So far as this amendment is concerned, we shall have to consider whether this is the proper place where this amendment should be considered, or it should be……..
Dr. Ambedkar : It should come under clause 1.
Shri Naziruddin Ahmad : If you think that it will be properly considered along with clause 1……
Mr. Deputy Speaker : This amendment stands over and will be taken up when we come to clause 1.