DR. AMBEDKAR AND THE HINDU CODE BILL 1063
Shri Bhatt : The Baroda Hindu Code.
Shri Syamnandan Sahaya : Monogamy Act.
Shri Bhatt : Yes. It lays down :
“ The people to whom the Hindu law or any part thereof is applicable by custom and usage shall be deemed to be Hindus for the purposes of this Act in so far as the matters in respect of which the Hindu law or any part thereof is so applicable or concerned ”.
You have been saying that whomsoever would it apply to would be considered a Hindu whether he professes the Hindu religion or not. But I say all the people who live in India are Hindus. I do not say so from the cultural point of view alone. I am saying it from the English point of view as well. After all why are we called Indians or Hindustanis ? As a matter of fact the word ‘Hindu’ refers to the man who is born in a particular territory and certainly not to his religion. And because it refers to the man born in a particular area rather than to the Hindu faith, it means that it covers all the people who inhabit that land. See the following:
“(b) who have not renounced following the Hindu Law shall, be deemed to be Hindus ”.
This is the thing and so I request the Hon. Minister to accept my amendment. Now I come to the portion which is not still covered.
Shri J. R. Kapoor: Which of the amendments do you support specially ?
Shri Bhatt: I support my amendment i.e. “Those who want to be governed”. This covers everything that I want.
I would like to draw your attention to one thing more. Our Hon. Shri Gadgil and Pandit Kunzru too have dwelt upon this point. When Sarda Act, i.e. the Child Marriage Restraint Act was introduced in 1928, originally its title was the ‘ Hindu Child Marriage ’ Bill. But in 1929 when the report of the Committee was received, some alterations were made in it and its name was changed to “ Child Marriage Restraint Bill ”. You know there were some Muslim members as well on that Committee. They opposed it. When it was discussed in the House in the year 1929 they again opposed it, but in spite of their opposition it was thought desirable to enforce it throughout the country as it was a good legislative measure. With the exception of Mr. Jinnah all the Muslim Members opposed its application to Muslims and said that their divines were opposed to it and as such it should not be applied to them.