1134 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
occasions. I, therefore, feel, now that the Bill is so entirely changed to as it is, that constitutionally there can be no justification at all for proceeding with it, or any part of it now as it stands without that procedure being brought into force. I will leave that point also there.
I will touch only upon one or two things more and will resume my seat. Several friends who are supporters of this Bill said that this Bill has been drawn up in accordance with the tenets of the Smritis and Dharma Shastras. If I had the time I would have quoted extracts from the various Smritis and Dharma Shastras to prove the hollowness of that claim. I cannot do that now. I will, therefore, come straight to the two vital principles which are involved in the measure that is to be taken up—one the question of the degree of sapinda prohibition and second the question as to whether among the Hindus a remarriage of and married woman can take place.
Texts have been quoted form some of the Smritis on both these points. With regard to the sapinda question it has been argued that the Smritis have from time to time laid down different principles, that while one Smriti has said one thing another Smriti has said another thing and an attempt has been made to draw the inference therefrom that it was a matter not of such vital importance that it could not change, but that from time to time, reflecting the opinion and the practice of the age, the different Smritis have laid down different texts. 1 was mentioning yesterday that in the matter of these Dharma Shastras there are rules of interpretation which have laid down cut and clear principles and methods of approach. It is laid down that the Dharma Shastra can be interpreted only by the utilisation of the rules of Mimamsa. Fourteen sources for determining them have to be utilized. They are all mentioned and therefore if anybody wants honestly to understand these things he must go into the depth of that matter.
Almost every one of the Smritis and the Dharma Shastras have laid down that in the sapinda degree of prohibition we should have seven degrees on the paternal side and five degrees on the maternal side or more. Nobody has disputed that. It has been said that it is stated only in some of the Smritis as five and three instead of seven and five. I believe the Paithinasi Smriti text is relied upon for this purpose. In the belief that Members of this House wish seriously to take the matter into consideration as to whether it is laid down in the Smriti that it should be five and three, I shall try to clear up that point. The Paithinasi Smriti ......