DR. AMBEDKAR AND THE HINDU CODE BILL 1227
Mr. Deputy Speaker : Corresponding to this there is a custom in the south—it is called ‘illatom adoption’.
Pandit Thakur Das Bhargava : This custom is not only judicially recognised ; it is so widely prevalent that it is as good as law. It is a fully establishied custom, it has got more force, perhaps, than the ordinary law of the land. It is universally acknowledged among the Hindus, Sikhs as well as the Muslims. The relationship created thereby is not merely of gift, or mere apointment of an heir. The relationship is personal; the appointed heir is treated as a son and he lives with the father.
Dr. Ambedkar : For property purposes.
Pandit Thakur Das Bhargava : For property purposes as well as for relationship. He cannot marry the daughter, as an outsider does. Therefore it is not a question of merely property ; it is a question of personal relationship.
Mr. Deputy Speaker : Can the son be older than the father ?
Pandit Thakur Das Bhargava : He can be older, just as a nephew can be older than the person adopting. Supposing a brother adopts the son of a brother. The son of a brother may be older to him in age than the person appointing.
Mr. Deputy Speaker : Is there any ceremony attached to it ?
Pandit Thakur Das Bhargava : It is done in several ways. It must be made public ; so there is a registered deal in some cases. The entire family is collected and the boy is accepted as heir. In some places even the ceremony is gone through. Practically it is tantamount to adoption.
Mr. Deputy Speaker : In those parts where this custom is prevalent, is there regular adoption as well ? Or is it the contention that wherever this custom of having ‘appointed heir’ prevails, regular adoption does not take place ?
Pandit Thakur Das Bhargava : This is, as a matter of fact, in addition to that.
Mr. Deputy Speaker : Can a man have both, an adopted son as well as an appointed heir.
Pandit Thakur Das Bhargava : Even in a family, one brother may have an adopted son, while another brother may have an appointed heir. But there is no difference so far as relationsip is concerned. This custom obtains among Muslims as well.