DR. AMBEDKAR AND THE HINDU CODE BILL 1093
rest of the Bill. It was a categorical question whether the Government proposed to drop the rest of the Bill, not in this session ; but whether the present Government is dropping the other portions, now or hereafter. These assurances are of little comfort to me that up to the 6th of October this will not be taken, or that it may not be taken in the present session or it may not be taken for lack of time. This sort of argument is no good.
Mr. Deputy Speaker : I may clear the ground. I take the statement of the Hon. Law Minister, the sponsor of the Bill, as the authoritative opinion of the Government. On the footing that they will confine this Bill to marriage and divorce, the hon. Members may go on. That is how I have understood. If there is anything wrong. I may be corrected.
Sardar B. S. Man : I was attaching equal importance to the Prime Minister’s statement also. I shall confine myself to my amendment that the Sikhs should be absolved from the operation of this Bill.
The fact is that a certain erroneous impression has gained ground that the Sikhs are firstly, Hindus, and secondly, that they have been governed for a very long time by the Hindu Law. My case is that if I proved that the Sikhs were not Hindus and they were not governed to any appreciable extent by the Hindu Law, then, the Sikhs may be permitted to be out of the orbit of this Bill. In that point, I was interrupted again and again and asked how their law differed from the main body of the law. That was my difficulty. I had to prove that the entire mental structure of a Sikh agriculturist in the Punjab, in company with the Hindus and Muslims, was entirely different and the pattern of the present law is entirely different.
Shri Bharati: So far as marriage is concerned ?
Sardar B. S. Man : Even so far as marriage is concerned. Just wait.
Shri Bharati: That is more important.
Sardar B. S. Man : Let me quote Sir Charles Roe from his Tribal Laws in the Punjab. This has been cited with approbation by Sir William Clarke, Chief Justice in 55 Punjab Record 1903 Full Bench.
He says :
“The Hindu agriculturist of the Punjab...”
The Hindu agriculturist follows the same law as the Sikh agriculturists.
“…knows nothing of caste except as represented...”
Now, Sir, certain prohibited degrees are being introduced in the marriage laws. I have to point out that my law as regards marriage’s