DR. AMBEDKAR AND THE HINDU CODE BILL 809
While the discussion on this Code was going on in the previous session, some of my Muslim friends, and also some of my Parsi friends, expressed their entire satisfaction and were very loud in praising the provisions of this Code. I would welcome them and appeal to them to support me. When they consider that the provisions are so good and reasonable, they should follow up their convictions by similar speeches as the one which I am at present making, namely, that the Code should be made applicable to all.
I say that the expression “Hindu” in this Code shall, unless otherwise provided, mean a citizen of India. I have put in the expression “unless otherwise provided” for this reason, namely, that if certain provisions of this law are not applicable to people of certain religions, if for instance they think that adoption is not necessary for them, they can move that for the purposes of adoption “Hindu” should not include, for instance, a Muslim or a Christian. The phrase “unless otherwise provided” would show that it is sufficiently elastic. My definition would be sufficiently elastic to enable every religion to adapt the Code to its own tenets or whatever hon. Members think that their religion requires them to do. So there should be no difficulty in this way either. For instance the Roman Catholics think that divorce is not allowable in their case. If they are convinced they can say that for purposes of divorce “ Hindu” should not include a Roman Catholic.
According to this Code there can be two ways of marriage, sacramental and civil. Sacramental marriage would mean a marriage done according to religion. It may be any religion—It may be Hindu, Jain, Christian. That does not come in the way either. For instance there are necessary ceremonies in the Sanatana Vedic Dharma. What I am suggesting is that people of those religions need not be afraid that their whole religion would be nullified.
Shri Tyagi: What about those who are already married according to another Code ?
Shri Sarwate : My hon. friend Mr. Tyagi may suggest the necessary amendments at the proper stage for that.
I, therefore, suggest that my amendment meets the provisions of the Constitution ; it is in conformity with what has been said by the Mover of the Bill, the Hon. Dr. Ambedkar ; it meets also all the claims which have been made for this Bill, those of logic, justice and fairplay. I therefore commend my amendment to the House and to the Mover of the Bill for acceptance.