826 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
for their good, then it is not right that we should thrust any law or enactment upon a particular community or caste which is professing a particular religion.
One of the points which I wanted to make out was this : the House should see whether this Bill is one which Parliament can make, especially as it is restricted to a particular kind of persons professing a particular kind of religion. We can have such a law under Article 25 of the Constitution. Now let us see what are the provisions in article 25 which entitle us to take up such legislation. Article 25(1) reads :
“Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.”
Clause 2 of the Bill relating to the Application of the Code reads :
“(1) This Code applies—
(a) to all Hindus, that is to say, to all persons professing the Hindu religion in any of its forms or developments, including Virashaivas or Lingayats and members of the Brahmo, the Prarthana, or the Arya Samaj;
(b) to any person who is a Buddhist, Jaina or Sikh by religion ;
(c) (i) to any child, legitimate or illegitimate, both of whose parents are Hindus within the meaning of this section;
(ii) to any child, legitimate or illegitimate one of whose parents is a Hindu within the meaning of this section; provided that such child is brought up as a member of the community, group or family to which such parent belongs or belonged; and
(d) to a convert to the Hindu religion.
(2) This Code also applies to any person, who is not a Muslim, Christian, Parsi or Jew by religion :
Provided that if it is proved that such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Code has not been passed, then, this Code shall not apply to that person in respect of those matters;
(3) The expression “Hindu” in any portion of this Code shall be construed as if it included a person who, though not a Hindu by religion is, nevertheless, governed by the provisions of this Code ;
(4) Notwithstanding anything contained in the Special Marriage Act, 1872 (III of 1872), this Code shall apply to all Hindus whose