Hindu Code Bill (Clause by Clause Discussion) - Page 220

DR. AMBEDKAR AND THE HINDU CODE BILL 997

to lawyers and to others. I am sure that the vast majority of our people are ignorant of it, in which case marriages celebrated in ignorance of this provision would operate as a severe hardship. I therefore request you to move an amendment…..”

I do not know why they had selected me in particular and not written to Dr. Ambedkar—

“... saving the custom from the prohibition or fixing suficient time to elapse before the chapter on marriage, can be brought into force.”

This is just by the way, for those who were talking about the progressive nature of the people living in those territories. Naturally they have gone very far ahead. ( An hon. Member : Is it true ?) I do not know whether the letter came from the Dead Letter Office but my friends from south India can tell me whether it is genuine ( Interruption ) . I shall refer the writer to Mr. Bharati in my reply. The point which I am developing is this.

Shri J. R. Kapoor : It is not a progressive State.

Dr. S. P. Mookerjee : Those who may follow him may consider it absolutely progressive. It is only a point of view. I am not challenging the wisdom or un wisdom of any State. It might have been followed by lakhs and millions of people in this vast country. Naturally customs might have developed in a particular manner. My proposal boils down to this. You do not make this Code applicable to all—I am talking of marriage and divorce for the time being— but leave it open to those who will be married in future to make a declaration that they would like to be governed by these provisions and not be governed by the consequences of dharmic marriage ; you leave it open to them to do so. ( An hon. Member : What about past marriages ?) That covers the cases of those who come in future. We are not legislating. I suppose for the purpose of helping the dissolution of marriage of the existing Members of Parliament. We are looking to the future ; we are thinknig of handing over something to the future generation, whereby they can live in peace and with greater comfort. But supposing you want to apply it to those who are already married....

Dr. Ambedkar : It does not apply to those who are already married.

Dr. S. P. Mookerjee : There also you can make a provision. Supposing you want to apply it to all who are already married, there I will give a solution. You leave it open to anybody, say, within a period