866 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
an heir is appointed—a son is not created by the Act of appointment of an heir. That is the difference. Under adoption the adopted son carries on the name of the family, perpetuates the name of the father and that is the way in which the family continues. In Punjab the family continues in another way. An heir is appointed and he carries on the name of the family, so that it is not true to say that in the Punjab the customary appointment or adoption of an heir is tantament to creation of a son. Whether that is not there, under the Hindu Law the underlying idea was that a son was created by adoption, so much so there was a rule in the Hindu Law that the son of a lady who could not be married to the father could not be adopted and therefore there was some sort of ban against a daughter’s son so far as adoption was concerned.
Now, under the provision of the Hindu Code it is necessary that for adpotion a man should not be married, that he must be less than fifteen years of age. These incident will not find favour in the Punjab, this provision will be too much to tamper with the custom of the Punjab which does not contemplate any restriction as regards age or ceremonies or other restrictions which are irksome.
Shri Tyagi : Because the son is a man to the father in the Punjab.
Pandit Thakur Das Bhargava : The child is the father of man in the whole world. So even now in the Punjab there is the custom of appointment of an heir which is akin to adoption. My subcription is that Dr. Ambedkar has been kind enough to those systems of law which have been prevalent in the South, for instance, the marumakkathayam. Arrange the Code in such a way that there is no violent conflict for those who follow different customary laws in the matter of marriage, adoption etc. and see that their systems are allowed to continue. This Code goes to the root of the Hindu Law in certain matters. So far as they are wholesome we are prepared to accept them but in so far as there are violent changes which conflict with the notions of the people, I would very humbly submit to Dr. Ambedkar that where he considers the provisions of the Code at a later date he will be indulgent enough to see that there will be to violent conduct. I know when he introduced this Bill he was pleased to say that he would try to see his way to accommodate and would be prepared to accept certain amendments which partake of the character I have narrated above.
In regard to two matters—the question of adoption and the question of inheritance of married women—I must submit there will be such a violent conflict with the notions of the Punjabis in these two matters