DR. AMBEDKAR AND THE HINDU CODE BILL 863
developments, including Virashaivas etc, But my humble submission is that this part of the clause is redundant. If it applies to Hindus, that is quite sufficient, and there is no point in saying that it applies to all forms of the Hindu religion or developments of the Hindu religion. Therefore, in my amendment. I have suggested that this Code applies “(a) to all persons who are Hindus, Buddhists, Jains or Sikhs by religion.”
And the next amendment is in the nature of a negative proposition. It defines those persons who are not bound by this Code. There is the customary law and the special law. For instance the Muslim of the Punjab can say, that he is governed by the customary law and not by the Shariat. Those laws which apply to Muslims are not at all touched by this Code. Those customs are all quite safe. My amendment says that it applies :
(b) “ to any other person who is not a Muslim, Christian, Parsi or a Jew by religion ;”
(c) to every woman who married any person who was not a Muslim, Christian, Parsi or a Jew by religion;
(d) “ to any child, legitimate or illegitimate, both of whose parents are Hindus within the meaning of this section ;”
Part (d) I submit is redundant, When there is a child, legitimate or illegitimate to parents who are Hindus, then there is no question. The child is a Hindu. Not that it is wrong to say that the child is a Hindu, but that is quite superfluous. The child of Hindus is ipso facto a Hindu. I have, on the contrary, omitted this part and proposed that it should apply even to any child legitimate or illegitimate, one of whose parents was a person who was not a Muslim, Christian, Parsee or a Jew by religion.
There is a proviso to the clause, May I humbly submit in regard to this proviso that it was probably introduced for some other purpose. If taken literally it would exclude those persons whom you do not want to exclude. It would exclude all the Punjabees. The wording of the proviso is very wide. If it is allowed to remain as it is, section 5 of the Punjab Succession Act will come into conflict. The proviso reads:
“ 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 had not been passed, then, this Code shall not apply to that person in respect of those matters.”