Hindu Code Bill (Clause by Clause Discussion) - Page 221

998 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

of one or two years to register his decision whether he would like to be governed by this Code to opt for it, if you can use that language. ( An hon. Member : Why not everywhere ?) Well, ‘everywhere ‘I do not approve for this reason that you are deciding something for others for which you have no right today. You are passing a law whereby you are saying that the dharmic form of marriage will continue as now without any modification or alteration and the other form of marriage also is open to people who would like to take advantage of it. Let the people in future make their choice. There is no compulsion and for existing people you may give a time-limit or you may not give a time-limit. You can say that if any particular party desires to be governed by the provisions of this Code, such persons may make a declaration before the Registrar or Registrar-General or Director General or whoever he may be and get the relief as is provided for in the Code. I ask in all seriousness what is it that you lose thereby ?

Pandit Kunzru (Uttar Pradesh) : What do we gain thereby ?

Dr. S. P. Mookerjee : What you gain thereby is that you do not break the unity of the country.

Pandit Kunzru : This Act when passed will be permissive. It does not compel any couple to take advantage of the provisions of divorce. It is perpetually open to a couple to say whether they are to be governed by that provision or not.

Dr. S. P. Mookerjee : That is a point of view which maybe urged with some emphasis. Here the difference is this : that you destroy the indissoluble nature of Hindu marriage which is regarded as solemn and sacred by millions of people. Pandit Kunzru may not agree and many people in this House may not. I am not quarrelling with those people who believe that marriage is bilateral arrangement, that it is nothing but a matter of contract; I have nothing to say against them if there are people who hold that view. Let them hold it, but there are those who hold the contrary view, who genuinely and sincerely believe that this system which has been in vouge for thousands of years is something sacred, something deep-rooted in their traditions and religion. What right have you to sit in this House and say that you want by one stroke of the pen to take this great right away ? That is my answer to Pandit Kunzru. ( Shri Bharati : Monogamy.) I am coming to it. Shri Bharati need not be anxious I hope he is agreeing with me as regards divorce and that is why he wants me to go to monogamy. That is my line of approach. Believe me, rightly or wrongly, this country has been divided