DR. AMBEDKAR AND THE HINDU CODE BILL 1061
In this way what I beg to submit is that I have suggested in my amendment that those persons, who have left Hindu religion and embraced any other faith but whose social customs are still like those of the Hindu Society, should be given the privilege to have this Hindu Code applied to them if they so desire. When Hindus are going to benefit by this Code why don’t you allow others too to have its benefits ? After all what objection have you got to that ? There are some Indian Christians whose social customs are like those of the Hindus notwithstanding that they have embraced Christainity. As such why do you exclude them from its application, and why don’t you allow them to have the benefits of the Code in the same manner as the Hindus would have ?
I, therefore, request the Hon. Doctor to keep all these things in view. Should I state which of the non-Hindu communities can benefit by it ? I do not want to go into detail, but I certainly want to draw his attention to it. Take for instance, Dr. Gour and Mr. Gupta who are great authorities on Hindu Law. They have given the names of those non-Hindu communities to whom this Code can apply. About Kutchi Memons…..
Shri Syamnandan Sahaya : You know it, he too knows it, but we do not know it. Kindly read them out.
Dr. Ambedkar : Do not be brief. But please read them out.
Shri Bhatt: The Memon Act which has been framed……
Dr. Ambedkar : Do not mind about the time, but please read them out.
Shri Bhatt: I am going to read it out. It is laid down in the Kutchi Memon Act:
“Whereas it is expedient to enable those Kutchi Memons who so desire to be governed in matters of succession and inheritance by the Mohmmedan law, it is hereby enacted”.
The operative section is :
“Any Kutchi Memon who has attained the age of majority and is resident in British India may by declaration in the prescribed form and filed before the prescribed authority, declare that he desires to obtain the benefit of the Act, and thereafter the declarant and all his minor children and the descendants shall, in all matters of succession and inheritance, be governed by Mohammedan law.”
Shri Syamnandan Sahaya : It is an optional clause. So there is a precedent.