Hindu Code Bill (Clause by Clause Discussion) - Page 399

1176 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

been moved. I have, therefore, put these amendments into groups according to the subject matter and also according to the clauses.

The Minister of Works, Production and Supply (Shri Gadgil): There are two amendments moved to this clause by the Hon. Minister himself.

Dr. Ambedkar : There are only two amendments.

Mr. Deputy Speaker : I am referring to all the amendments. Certainly, those amendments which the Hon. Minister has himself moved and the one standing in the name of Dr. Tek Chand which the Hon. Minister is willing to accept, will be borne in mind. It is my duty to place before the House what exactly the amendments are on which they are called upon to vote for or against. Instead of going into the details, and for purpose of convenience, I shall put the amendments in each group one by one. I shall take the group : “application to all Indians compulsorily”, that is not only to Hindus but Buddhists, Jains, non-Hindus, Muslims, Christians etc. who come under the operation of this Bill.

The question is:

For clause 2, substitute :

“2. Application of Code. —(1) This Code applies to all Hindus.

(2) The expression ‘Hindu ‘in this Code shall, unless otherwise provided, mean a citizen of India.

(3) Notwithstanding anything contained in the Special Marriage Act,

1872 (III of 1872), this Code shall apply to Hindus, as defined in that Act, and whose marriages have not been solemnized under the provisions of that Act prior to the commencement of this Code.”

The motion was negatived.

Mr. Deputy Speaker : The question is :

For clause 2, substitute :

“2. This Code applies to all Indians irrespective of their religion, caste, or creed.”

The motion was negatived.

Mr. Deputy Speaker : Shri Jhunjhunwala’s amendment for substitution of clause 2 is barred as the House has already decided upon this.

Then, I come to the other set: that this Code should apply only to those who make a declaration, and even then, the parts that are declared should apply.

The question is :