808 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
persons who were not examined previously and to get their opinion. If necessary the Bill may be held over or returned to do this.
The chief claim of this Bill is said to be this that it is based on a very good sense of fairplay, justice and equity. Suppose it is said, for instance, a person has three sons and three daughters. If he has affection for his sons, he has equal affection for his daughters. If the sons are to inherit because they are born of the parents, it follows that the daughters also having been born of the parents they should also take the inheritance. That is the only reason that can be advanced for giving the inheritance to the daughter, namely, that she is born of her parents, and therefore she necessarily ought to get a share in the property of the father. In a way it is right. Then it should be right not only in me case of Hindus but of Muslims and Sikhs also; it should be so in the case of Christians and others. Therefore, if the law has to be amended it should be made applicable not only to Hindus but to all citizens who happen to be within our jurisdiction and for whom we can legislate.
And here I have a very good support. I shall just quote what Dr. Ambedkar himself has said at a previous stage of the Bill—I am quoting from page 3651 of the report of the proceedings of the House :
“ If my hon. friend’s alternative was that there ought not to be communal laws of inheritance and communal laws of marriage but there are to be a common Civil Code applying to all sections, all communities, in fact applying to citizens without discrimination as to religion, cast or creed, I am certainly one with him.”
He said this in the course of the discussion on the Hindu Code Bill at some previous stage.
An. Hon. Member : He has changed his opinion.
Shri Sarwate : He should keep his word.
There is also a provision in the Constitution in my favour, and that is article 44 which says:
“ The State shall endeavour to secure for the citizens a uniform Civil Code throughout the territory of India.”
A Civil Code necessarily means a Code which deals with marriage, inheritance, adoption and so on. The scope of the Civil Code is co-terminous with and almost the same as that of the Hindu Code Bill. The article in the Constitution says that “the State shall endeavour………”, which is being made by this amendment. So it is but proper that the earliest opportunity should be taken to put this provision of the Constitution into effect and Dr. Ambedkar should be the first person to accept my amendment.