Hindu Code Bill (Clause by Clause Discussion) - Page 212

DR. AMBEDKAR AND THE HINDU CODE BILL 989

is to introduce social reform must have the support of the vast majority of the people of the country. I see the Home Minister rising.

Shri Rajagopalachari : I am not interrupting, I am only helping him. My interruption has given a twist to the hon. Member’s argument. I was only objecting to the particular argument. I may be entirely in agreement if he proceeds on the other basis.

An Hon. Member : So, you are a supporter !

Dr. S. P. Mookerjee : As the time of retirement from his office is drawing nearer and nearer sense also is dawning upon the Home Minister quicker and quicker. In any case, if we want to have social reforms in this country, we would like to carry as large sections of the people with us as possible.

I do not share this view that parliament has no right to deal with matters of social reform. I know the sacredness of our ancient texts— Vedas, Smritis and Srutis. But historically there were commentators to interpret the great theories which are propounded by the original lawmakers in days of yore. Gradually, the commentators also disappeared and what we have witnessed during the last 150 years is that in many matters affecting social reform Judges including European Judges sitting in distant London and legislators have from time to time come forward and made alterations in the social structure of the country. So it is rather too late in the day for any one of us to say that Parliament should not now have the right to pass legislation which may interfere with the rights and privileges which may be enjoyed by the people of this country under the existing law.

Pandit Maitra : Not this Parliament as constituted at present.

Dr. S. P. Mookerjee : So far as the right of this Parliament is concerned, naturally it is a very delicate matter. For me being a Member of this body it is rather difficult to challenge its jurisdiction, but of course so far as its right to present the will of the people goes, that is a matter which will be decided in the next few months and the people themselves will give their verdict. It is no use either for us sitting on this side or Members of Government sitting on the other side claiming for this Parliament things which may not be actually, honestly and legitimately claimed for this body. But my point is this that today there is a volume of opinion—a strong body of opinion, against some or many of the fundamental features of this Bill. I beg of hon. Members who are supporting this Bill to appreciate the depth of these criticisms. There may be some features in this Bill with which I am in agreement, but