DR. AMBEDKAR AND THE HINDU CODE BILL 1295
of Commerce have often taken refuge under this ‘enabling clause’. They have said the same thing about Coca-Cola. They say if it is being manufactured, let it be ; it is only an enabling clause. Similarly there is this enabling clause related to divorce. I would like to ask one thing from Pandit Thakur Das Bhargava. Suppose there are two sons of a father and one of them has married three wives. Now the other fellow goes and tell his father that if his brother could marry three and spend so much, then what should he do.
Dr. Ambedkar: He may marry four.
Shri Jhunjhunwala : The father replied that he could marry five. So, according to Pandit Thakur Das’s theory, if a son marries three wives, the other should marry five. Why after all he should lag behind ? This is the right he wants to give. But our friend Shri Syamnandan Sahaya is a staunch baniya. What would he say ? He would say that if he has married three wives, he should immediately be turned out.
Mr. Chairman : I would request the hon. Member to discuss the subject of marriages when the question of monogamy is taken up. We are now discussing customs and rules and it would be better if he confines himself on matters relating to this subject only.
Pandit Thakur Das Bhargava : He means to suggest that one son would divorce three wives and the other five.
Shri Jhunjhunwala : Sir, I would abide by your ruling and strictly follow it, but as I submitted in the beginning ……..
Mr. Chairman: He can certainly speak on this clause.
Shri Jhunjhunwala: I was speaking on the marriage clause.
Mr. Chairman : Not on the marriage clause. Clause 4 is under discussion.
Sardar B. S. Man : On a point of information. While discussing the present clause and while moving certain amendments to the effect that from its effect certain customs may be excluded, we have to place our case by showing that those customs should be excluded for valid reasons. In that case, I suppose we are entitled to refer to the customs that are at variance with the Hindu Code and thus base our case that customs which have a long history, which have been recognised as such and which are not repugnant to public policy and thus which have the force of law should be permitted. In that respect, I beg to say that it is perfectly within the rights of Members to refer to the customs even in detail.