DR. AMBEDKAR AND THE HINDU CODE BILL 1097
be bound by the cast-iron rules laid down in the later Hindu Smritis interdicting marriage outside the caste, and prescribing elaborate ritual for the performance of the marriage ceremony. Among them (Jats), the re-marriage of widows has all along existed commonly, and chadar-andazi in which the ceremonial has been reduced to the very minimum is one of the recognised forms of marriage.”
And this is the view held by a learned Judge who was also a member of the Select Committee, and he has attached a minute of dissent on exactly this same point and on these same lines, that if you were to agree to only prescribed forms of marriages which are not sought to be introduced in this Hindu Code Bill, then you will be taking away from its orbit many forms of marriages which are customary and prevalent among the Sikhs in the Punjab. There is the Kareva marriage which is not a sacramental marriage. That is common in the Punjab.
Dr. Ambedkar : What marriage ?
Sardar B. S. Man : Kareva marriage, where the man and the woman, without calling anyone, with no priest, learned or otherwise, without going through any ritual, without going round the Granth Saheb or the fire, simply sit together and have a chadar thrown over them and that constitutes the marriage. Chadar-andazi also means the same thing.
Shri Amolakh Chand (Uttar Pradesh) : Is it a dharmic marriage ?
Sardar B. S. Man : No, for the definition of dharma changes from time to time. Manu had his definition of dharma and there is another definition of dharma by Dr. Ambedkar. In this rapidly changing definition of dharma, I would rather not seek protection under such a dharma, but stick to my secular law which is quite clear to me and which I have been practising for long.
Shri Amolakh Chand : Are the children legitimate ?
Sardar B. S. Man : Quite.
I am conscious of the retort of Dr. Ambedkar that he made in his speech last time. He says that when the people of the Punjab talk of marriage, they talk of many other things which……
Mr. Deputy Speaker : I may point out that clause 8 and other clauses or forms of marriage are not necessarily applicable to the hon. Member. The Sikh community may have customs that bring about the relationship of marriage and these alone will be necessary. Why should we labour that point any further ?