Hindu Code Bill (Clause by Clause Discussion) - Page 97

874 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Now that you are asking me to come in, that I should have this dharmic marriage, the implication would be that these prohibited degrees would be there. While there is freedom for me to marry such relations as I have described, this would create a ban on me. And it would not be only for the future. There have been so many such marriages and all of them would be invalid. Though you have provided in clause 21 that I can get my marriage, my dharmic marriage, registered as civil marriage, but think of the instances and their number. We shall have to run to the courts or to the Registrar to get them validated. Do you want me, an old man, to get my marriage registered now ?

Dr. Ambedkar : Do you want to marry again ?

Mr. Speaker : Order, order.

Sardar Hukam Singh : This Code would create a doubt because the girl that I might have married might, according to you, be within the prohibited degrees. What would happen then ? I enquire from the Hon. Minister what would happen to that marriage.

Shri Tyagi : And to your children also.

Sardar Hukam Singh : Yes, certainly. They will be “ illegitimate” unless I get my marriage registered as a civil marriage now, at this age ! And the Hon. Minister wants all those persons now, at this advanced age, to run to the Registrar and get their marriages registered as civil marriages.

Shri Tyagi : As he has done himself !

Sardar Hukam Singh : Then again there is a marriage that is usually known amongst the agriculturists of my part as karewa marriage or widow’s marriage. No distinction is made in the present Code as regards that. What will happen to that marriage, because we will have either the sacramental or dharmic marriage or the civil marriage— nothing beside it. The simple manner in which the karewa marriage is performed might look peculiar to some hon. Members here. There is no ceremony : it is a secular institution altogether.

The man and the would be wife sit together, a chaddar is spread over them and sweets are distributed and they become husband and wife. I do not think, Sir, the Hon. Minister can point out to me any provision by which such marriages would be recognized. He is making this Code more cumbersome. . . .

Pandit Thakurdas Bhargava : If it is a bigamous marriage then difficulty will arise.