Hindu Code Bill (Clause by Clause Discussion) - Page 83

860 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Dr. Ambedkar : That is not anything based on sex only.

Shri Tyagi : On death also.

Mr. Chairman : I think the Select Committee report has made no such discrimination.

Mr. K. C. Sharma (Uttar Pradesh) : That article is not under discussion now. He may come to his amendments.

Pandit Thakur Das Bhargava : As a matter of fact, even this discrimination that the married daughter may not have a share in the father’s property is not based on ground of sex alone, as my hon. friend says. My submission is that it is consistent to provide in this Hindu Code that a married daughter shall not succeed to her father’s property. I was just now on the argument propounded by the Hon. Dr. Ambedkar. On the question of maintenance, a wife is entitled to be maintained by the husband. Is the husband also entitled to be maintained by the wife ?

Shrimati Renuka Ray (West Bengal) : Why not ?

An Hon. Member : There are many such instances.

Pandit Thakur Das Bhargava : My hon. Friend asks ; ‘ why not’, I am very glad that she has adopted this gallant attitude. Has she consulted her sisters ? Our Chairman does not say so. I submit that it is a very wrong principle to suggest that on the basis of sex, equality should be enforced in such a manner which is not consistent with certain conditions of life. I maintain that the Hindu Code would not violate any provision if we maintain that a married daughter does not succeed to the father’s estate. She succeeds her husband or father-inlaw. I am dead certain that unless and until we recognise the rights of women, unless we give them full rights, we shall be losing very much in certain strength of character which arises only if women are economically independent. I submitted when I was speaking at the consideration stage, and I maintain it now that we are all committed to that and we cannot but give rights to our sisters; we must see that we give them full rights. The only thing that I am opposing is the manner in which those rights are given.

So far as the Punjab is concerned, as I submitted, we are wedded to this theory that a married daughter when she goes to her husband’s family, she becomes a part of that family, and is the pivot of that family. Therefore, the trouble with the Punjab is that they cannot possibly accept that a married daughter should succeed to her father’s estate. So far as