DR. AMBEDKAR AND THE HINDU CODE BILL 1165
“clause” for the word “Act”. Therefore, the ground that there is a precedent, I submit, falls through.
[12 Noon]
Shri J. R. Kapoor : May I bring to the notice of the Law Minister that this Act of 1937, I suppose, repeals the previous Kutchi Memon Act, according to which option was given and what the Deputy Speaker as a Member of this House brought to notice was that there was, in fact, in force for a number of years a legislation which gave option.
Dr . Ambedkar : That was before, that was taken away.
Shri J. R. Kapoor : All the same for a number of years that sort of legislation did hold good. That was the point made by him.
Dr. Ambedkar : We are discussing the question whether the 1937 Act gave an option. That is the point.
Shri J. R. Kapoor : Mr. Ayyangar’s point was that the 1923 Act gave the option.
Dr. Ambedkar : I am sorry I cannot give way.
Mr. Chairman : If there is any inconsistency in the speech hon. Members may bring it up at a later stage, when there will be a good deal of opportunity.
Shri Amolakh Chand : What is the latest position now ?
Dr. Ambedkar : No option.
Shri Naziruddin Ahmad : There was option for a long time.
Dr. Ambedkar : For Cutchies.
I will take the proposal to grant option. Apart from precedents what would be the consequences ? Suppose we adopt this proposal of giving option. Hon. Members will remember that there are certain States like Bombay and Madras, where the legislature has enacted laws regulating marriage and divorce. In those two Acts there is no option whatsoever given. They are compulsory on every body who resides or is domiciled there. If we adopt this law, it being a central law, it will supersede the laws of the provincial legislature in so far as it is inconsistent with those laws, by reason of the fact that this is legislation in the concurrent field. The one consequence will be that whatever progress the States of Bombay and Madras have achieved in the matter of monogamy and divorce will be completely destroyed.
Shri Gautam (Uttar Pradesh) : What will be the position of the Muslims in Bombay ?