Volume : 3 | Issue : 2 | Feb 2014 ISSN No 2277 - 8160
Research Paper
Political Science
The First Law Ministers Hindu Code Bill and Empowerment of
Indian Women
Dr. Badal Sarkar
Assistant Professor of Political Science, University of Gour Banga
ABSTRACT
The Hindu Code Bill mentioned to give to the female members of the Hindu society full rights relating to property,
marriage, divorce, adaption, maintenance, inheritance, minority and guardianship. He protested against the evils of
dowry system. To him, all female should be given to equal individual freedom and social equality. The basic structure of the Hindu society should
be reformed. As the first Law Minister of independence India Dr. Ambedkar introduce the Hindu Code Bill to provide equal opportunities of
women as enjoyed by male members of the family.
KEYWORDS : Hindu Shastras, Women, Hindu Code Bill, Article
Introduction: The women of India especially in Hindu society were
treated as a sort of thing. They are treated as the door of hell. They
were unable to receive the property from her parent and could not
move freely everywhere. The Manusmriti prescribed to the female as
just like animals and slaves. The Mahabharata pointed out to Dropadi
and she was the wife of five husbands, not only that she put at stake
in gambling by none else than the so called Dharma raj Yudhishthir.
The author of the Ramayana Mr. Tulsi Das also pointed out regarding
to womens position as slaves and the lower position of the society. Dr.
Ambedkar was the first benevolent directory personalities who raised
voice against injustice over women.
Hindu Code Bill for Empowerment of Women: The Hindu Code
Bill introduced by Br. B.R. Ambedkar in the Constituent Assembly on
11th April, 1947. The property including both movable and immovable
property should be acquired by a woman. The acquisition of property
should be made by a woman before and after marriage even during
the widowhood from her parents or husband. Dowry system would be
paid as a condition and consideration. The share of the property of each
unmarried daughter shall be half that of each son and the share of each
married daughter shall be one-quarter of that of each son. His Hindu
Code Bill covered with the i) right to property, ii) order of succession
to the property, iii) maintenance, marriage, divorce adoption, minority
and guardianship.1
Dr. B.R. Ambedkar has suggested modify the Hindu law relating to
women i.e.
i)
ii)
iii)
iv)
v)
The Caste Disabilities Removal Act, 1850.
The Hindu Widow Remarriage Act, 1856.
The Indian Succession Act, 1925.
The Native Converts Marriage Dissolution Act, 1866.
The Transfer of property Act IV of 1882 as amended by Act XX of
1929.
vi) The Indian Majority Act, 1875.
vii) The Guardian and Wards Act 1890.
viii) The Transfer of property (Amendment) supplementary Act XXI of
1929.
ix) The Hindu Gains of Learning Act, 1930.
x) The Hindu womens Rights to property Act XVIII of 1937.2
The widow, the daughter should be given the same rank as the son
in the matter in inheritance. The daughter should be given a share in
her fathers property. The Mitakshara or the Dayabhag system of law
between men and female should be abolished from Indian society.
Under the Hindu law a wife is not entitled to claim to her husband if
she does not live together in his house. The Hindu law does not recognised the wife if she wants to live separate from her husband. Dr.
Ambedkar pointed out in his Hindu Code Bill that the wives should be
given to live separately from her husband freely. Dr. Ambedkars Hindu Code Bill recognises the two types of marriages. The first is called
Sacramental marriage and the second is called CIVIL MARRIAGE. TO
HIM, THE PRESENT HINDU LAW RECOGNISED ONLY SACRAMENTAL
MARRIAGE BUT DOES NOT RECOGNISE THE CIVIL MARRIAGE.3 THE
REGISTERED MARRIAGE MUST BE REGISTER THROUGH PROPER WAY.
A SACRAMENTAL MARRIAGE MAY BE REGISTERED IF PARTIES DE-
SIRE TO DO SO. THE EXISTING LAW REQUIRES IDENTITY OF CASTES
AND SUB-CASTES FOR A VALID SACRAMENTAL MARRIAGE. HIS BILL
DESCRIBED THAT THE MARRIAGE WILL BE VALID IRRESPECTIVE OF
THE CASTE OR SUB-CASTE OF THE PARTIES ENTERING INTO THE MARRIAGE.4
The Bill was moved for referring to the Select Committee on 9th April,
1948. The parliamentary debates continued for more than 4 years. This
was the first longest discussion on any single Bill in the free Indias Parliament. Dr. Ambedkar felt that the Government. i.e. the Congress were
not no eager to clear the Hindu Code. He tendered his resignation on
27th September, 1951 to the Prime Minister Jawaharlal Nehru. On the
request of the Prime Minister he continued to participate in the Parliamentary debates till 10th October, 1951. To provide equal rights to
the women as enjoyed by men he produced the Bill in the Parliament.
The orthodox Hindu and the President of the Constituent Assembly Dr.
Rajendra Prasad was against the Bill. Anathasayanam Ayyangar, the
speaker of the Constituent Assembly was also against this Hindu Code
Bill. Dr. Ambedkar resigned from the Nehrus Cabinet. In 1955, the laws
relating to marriage, adoption, maintenance, divorce etc. were passed
in parliament.
Constitutional Provisions for Empowerment of Women:
As a Chairman of the Drafting Committee of the Constituent Assembly,
he has given equal status to women compare with men by providing
many provisions in the Constitution which provided the socio-economic and political justice for the women such asArticle14: The state guarantees equality before law and equal protection of law to all its citizens within Indian union.
Article15: The state shall not discriminate to any citizens on the basis
of caste, creed, religion, race, sex, place of birth etc.
Article16: There shall be no discrimination on the basis of caste, creed,
religion, sex, place of birth in the government services. There shall be
equal opportunity in the government services.
Article17: The state shall be positive step to eradicate the untouchable based on caste, creed, religion sex etc. All shall be treated equal
opportunity to entry into temple, hotels and other places.
Article24: Prohibits the employment of children below the age of 14
years factories, mines or any other hazardous employment.
Article39: The state shall provide to all adequate means of livelihood.
Article39 (d): The state shall provide equal pay for equal work both
for men and women.
Article41: The state shall provide the right to work, equal employment, education and public assistance both for men and women.
Article42: The state shall provide the maternity leave for women
workers.
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Volume : 3 | Issue : 2 | Feb 2014 ISSN No 2277 - 8160
Besides these, he introduced and got passed the four acts which
strengthened the position of women in the society which were incorporated in the Hindu Code Bill. These are:
i.
ii.
iii.
iv.
The Hindu Marriage Act, 1955.
The Hindu Succession Act, 1956.
The Hindu Minority and Guardianship Act, 1956.
The Adoption and Maintenance Act, 1956.5
Conferences and Speeches of Ambedkar for Empowerment of
Women:
On 11th January, 1950, Ambedkar was called specially to talk on Hindu
Code Bill at Students Parliament of Siddhartha College and he concluded: The property was governed by Dayabhag system; the child
belonged to the caste of the father under Pitrisavarnya; divorce was
supported by Kautilya and Parashara Smriti; and womens rights to
property were supported by Brihaspati Smriti.6
Under the auspices of the Belgaum District branch of the Scheduled
Castes Federation Conference was held on December 26, 1950. Dr.
Ambedkar presided over the conference. He said: I drafted the Bill
in conformity with the dictates of the Smrities which allow several
rights to women. The Bill was only aimed at removing the obstruction of Law in the social advancement of women.7
Another meeting of women was held on 24th November, 1951, Ambedkar declared that the Hindu Code Bill would improve the condition of
women and give them more rights and requested them to support
the Bill and vote for candidates who would bring real democracy.8
A programme was arranged by the women organisation of Kolhapur
on 25th December, 1952 at Rajaram threatre. Dr. Ambedkar addressed
the programme and said that None of the prominent Indian women
leaders were really interested in the social progress of women and
stated that the Hindu Code Bill was now just like milk spoiled by mixture with a bitter acid.9
On July 20, 1942, the Second Session of the All-India Depressed Classes Womens Conference was held in the Mohan Park, Nagpur. The
Conference resolved that the womens right to divorce her husband
be recognised by law. Polygamy marriage system in our society is an
unjust to the women.10 The Conference decided the change to unjust
polygamy system, the equal wages for equal works as enjoyed by male
workers, approach to the government to eradicate illiteracy amongst
the females of the depressed classes and provide compulsory primary
education by law amongst them, advancement of the women of the
Depressed classes seats should be reserved for them on all legislative
and other representative bodies.11
In his articles, The Riddle of the Women, The Women And the Counter,
The Rise and Fall of Hindu Women, Caste in India: Their Mechanism,
Genesis and Development and his journals Mooknayak (1920) and
Bahishkrit Bharat (1927) Ambedkar has tried to show that the Hindu
religion such as Puranas, Vedas, Upanishad, Smrities, Bhagat Gita etc.
are responsible for the degradation of women. In these articles he has
claimed that the Manusmriti of Manu is a culprit of Hindu society as
well as women. Dr. Ambedkar has tried to remove the barriers of the
Brahminical order. He said that Though I am born as a HinduI will not
die as a Hindu.12 He renounced Hinduism and embraced Buddhism
because he thought that the empowerment of women is possible in
the way of Buddhist values. As evidences of Buddhas treatment of
women he cites women like Vishakha, Amrapali of Visali, Goutami, Rani
Mallika, queen of Prasenjith who approached Buddha. Dr. Ambedkar,
in his work The Annihilation of Caste pointed out that Make every
man and woman free from the thraldom of the Shastras, cleanse
their minds of the pernicious notions founded on the Shastras, and
he or she will inter-dine and inter marry without your telling him or
her to so .13
Conclusion: Like Plato, Ambedkar was the first communist thinker
who believed in egalitarian society. He did not differ between male
and female. His opinion was that all The Hindu religious books such
as Vedas, Shastras and Puranas etc. are responsible for discriminations
between men and women. He suggested to formulate the new doctrinal basis of the Hindu religion that will be in consonance with liberty,
equality and fraternity. Ambedkar realised that to remove the evil
practices over women they should be safeguarded by constitutional provisions. To establish a new notion of life of women Ambedkar
suggested that various caste and sub-caste should be abolished from
Hindu society, inter-caste marriage and inter-caste dinning should be
established in Hindu society. He believed in social democracy as well as
political democracy. T o him, democracy is an associated mode of social
life. His concept of ideal society would be based on egalitarian concept.
REFERENCES
1.Narake, Hari; Kasare,( Dr.) M.L.; Kamble, N.G. ,Godghate; Ashoka (ed ); BAWS, Government of Maharashtra, Vol.17, Part two, 2003 pp.124-125. |
2. Moon, Vasant (ed); Dr. Ambedkar and The Hindu Code Bill, BAWS, Government of Maharashtra, Vol. 14, Part One, 1995, P.ix. | 3. Rodgrigues,
Valerian (ed); The Essential Writings of B.R. Ambedkar, Oxford University, Press, New Delhi, 2006, P. 499. | 4. Ibid. P. 500. | 5. Jatava, D.R.; Dynamics of Ambedkar Ideology, Sublime Publications, Jaipur, 2001. PP. 90-91. | 6. Narake, Hari ; Kasare, (Dr.) M.L.; Kamble, N.G., Godghate; Askok (ed); BAWS, Government of Maharashtra,
Vol. 17, Part Three, 2003, P. 396. | 7. Ibid. P. 410. | 8. Ibid. P. 455. | 9. Ibid. P. 488. | 1o. Ibid. P. 278-281. | 11. Ibid. P. 282. ` | 12. Ibid. P.536. | 13. Ambedkar, (Dr.) B.R. ; Annihilation of Caste
, BAWS, Education Department, Government of Maharastra,Compiled by Vasant Moon, vol. 1, 1979, pp. 68-69. |
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