DR. AMBEDKAR AND THE HINDU CODE BILL 1047
Then it goes on to say :
“Many hard cases were also brought to our notice by other witnesses in which re-marriage was both desired and possible but could not be effected by reason of the existing law. The number of these cases may not be relatively large and reckoned in terms of percentage the problem may not appear to be a formidable one. But as we have already stated there are thousands of such cases in India and if even a small proportion of these women desire a divorce with a view to getting themselves remarried the question is whether the law should say upto them ‘nay’. Evidence was brought before us that in many cases re-marriage is quietly celebrated and that society tolerates and recognises such remarriage.”
Here, again, the facts are incontestably against the view that there is no need for having a provision for divorce in our marriage law. No one is compelled to take advantage of it. There is no reason why for the sake of the patient sufferers, those who seek relief should be denied. I have already referred to some of the States where monogamy is legally in force. I may add that the law allows divorce in all the States mentioned by me in respect of monogamy. Now what has happened to Hindu society there ? Has the sanctity of marriage become less than it was before ? Do not the Hindus there regard the tie of marriage as a sacramental tie ? Have they no respect for Hindu religion or Hindu culture ?
Pandit Maitra : The sample is here.
Pandit Kunzru : I should very much like to see a discourse between my hon. Friend Pandit Maitra and the people of the States mentioned by me on this point. He will not find it easy to convince them that they are inferior to him in their regard for Hindu culture and Hindu society.
Pandit Maitra : Then leave it to individual areas to legislate : why force it here ?
Pandit Kunzru : I have already pointed out that there are so many areas in which this law is in force. In the second place I have taken pains to point out that the provision will be permissive. What do you mean by asking that it should be permissive ?
Pandit Maitra : Make it optional for all.
Pandit Kunzru : It will be optional for unhappy partners to seek relief under this law or not. Nobody is going to compel them either to separate or to seek divorce. What more do you want ?