1006 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
not much of a uniformity. Many commentators advocated seven and five prohibitions : others have advocated five and three prohibitions. They thought it was not necessary to go beyond five and three prohibitions. In the Yajur Veda the restriction is three and two and in certain Vedic texts it does not go beyond two. In this Bill it is my contention that we are only reverting to the old order, the Hindu law as it was in the beginning before it became contaminated with contact with others.
(S HRI H IMATSINGKA in the Chair)
As regards the principle of monogamy, under the Hindu law as practised today the Hindu woman shall have only one spouse.
Shri Kamath : One living spouse.
Shri B. K. P. Sniha : Living, or dead also.
Shri Kamath : One can have one dead and one living.
Shri B. K. P. Sinha : In certain cases one only, living or dead.
So far as males are concerned, there is a misconception that the Hindu law allows polygamy. But I find that there are certain texts of Yajnavalkya, Manu and Apasthambha which ordain and lay down that a Hindu can have a second wife only in certain well-defined circumstances. When the relevant clauses come up before the House I will quote the shlokas and the texts.
Pandit Malaviya : Do you suggest that ?
Shri B. K. P. Sinha : I do not. Now Bombay and Madras have passed legislation laying down that there shall be monogamy. This principle of monogamy has been recognised for Hindus in the Special Marriages Act and in the Civil Marriages Act. I find that this principle, that it is salutary to strick to one spouse has been recognised indirectly by the Married Women’s (Separate Residence and Maintenance) Act which recognises that a married woman can get separate residence and maintenance if the husband goes in for another wife or a concubine. It has been recognised that oneness of a spouse is slautary. Any deviation from it is bad and in that case the woman is allowed the right of separate residence and maintenance.
Shri Kamath : What about polyandry ?
Shri. B. K. P. Sinha : Then I come to the other principle, divorce. Dr. Mookerjee was furious; he said that Hindu marriage was sacramental, indissoluble, immutable. There is no escape for a man who once commits a mistake in marrying a certain woman ! But I find from some of the old texts that Hindu marriage was not as immutable, as