DR. AMBEDKAR AND THE HINDU CODE BILL 1191
provide for them by making exceptions in the body of the Code, it is necessary to deadline them.
Mr. Deputy Speaker : It is the other way about. He has already made exceptions in favour of these and he has povided for exclusion from the Bill.
Shri Rajagopalachari: That is what I have said.
Mr. Deputy Speaker : What he wants to do is to include them.
Shri Rajagopalchari: I think the hon. Member who has moved the amendment is thinking that we have applied the whole Code bodily to these people and therefore, since you have defined the Hindus, why should you define these people. The answer is, we do not propose to apply the provisions in the Code bodily to them but to provide exceptions and therefore it is necessary to define who they are.
Shri Naziruddin Ahmad : I fail to appreciate all this fineness. If the Code is to apply, it should straight forward be applied to them, instead of leaving any exceptions.
Shri Rajagopalachari: Suppose we applied it to them ; “they” should be defined here. That is what is being done.
Shri Naziruddin Ahmad : It should apply to all; they are already included in the definition of Hindus.
Shri Rajagopalachari: There are exceptional provisions for these people.
Mr. Deputy Speaker: Let me understand first; without understanding, I cannot put it to me House. As the Bill stands at present, clause 51 says :
“(1) Nothing contained in this Part shall be deemed to affect any right conferred by the Madras Marumakkattayam Act, 1932 to obtain the dissolution of a sacramental marriage, whether solemnised before or after the commencement of this Code.”
Therefore, under the Bill as it has emerged from the Select Committee, Marumakkattayam Law is allowed to apply so far as those persons who are governed by this law are concerned. What the Hon. Law Minister wants to do is not to create exceptions in favour of any particular class, but to bring them all under this Act.
Dr. Ambedkar: Yes.
Mr. Deputy Speaker : That is what Mr. Naziruddin Ahmad wants. Originally he was under the impression that an exception is sought to be made. He was under the impression that originally those governed by the Marumakkattayam law and Aliyasantana law were governed