Select Committee Report on the Hindu Code Bill - A Criticism
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THE ALLAHABAD LAW JOURNAL
Vol. XLVI Allahabad : DECEMBER X7 & 24, 1948 Nos. 47 & 48
SELECT COMMITTEE REPORT ON THE HINDU CODE
BILL-A CRITICISM
[By GAYA PRASAD SHUKLA, B.A., LL.B., Advocate, Lucknow]
The Hindu Code Bill was referred to the
Select Committee on April 11, 1948. This
Committee presented its report to the Cons-
tituent Assembly of India (Legislative) on
August 12, 1948.
The Select Committee says that the Bill
has not been so altered as to require circula-
tion under Standing Order 41(6) and has,
therefore, recommended that it be passed as
now amended. The public is yet to know about
non-circulation as advised by the Select Com-
mittee.
The personnel of the Select Committee
comprised of the following sixteen persons with
Shri B. R. Ambedker, the Law Minister, as
Chairman:-
Bakshi Tekchand, A. Anauthasayanam
Ayyangar, L. Krishnaswami Bharathi, P. S.
Deshmukh, Heeralal Chattopadhaya, Renuka
Roy, P. K. Sen, Ram Narayan Singh, Ammu
Swami Nathan, Balkrishna Sharma, Khurshed
Lal, Brajeshwar Prasad, B. Shima Rao, V. C.
Keshana Rao, Durga Bai and Srivas Hallayya.
Of these eleven appended their notes of
dissent on various grounds. The notes of
dissent of Shriyuts Bakshi, Tekchand, Bal-
krishna Sharma, Brajeshwar Prasad, M. Anan-
thasayanam, Rath Narayan Singh and P. S.
Deshmukh are unanimous and remarkable as
will be noted presently.
Bill Re-arranged-The Select Committee
did not approve of the arrangement of the
original bill into parts and divisions with
separate numbering of sections or clauses for
each part and division of parts. It was also
found by them that the distribution of the
subject-matter in the Bill was inappropriate
and the sequence of sections was also not logical.
The modified Bill has been put in the shape of
another code with numbering of sections from
one end of the code to the other. The subject-
matter has been reshuffled.
Part II, Additions in the Law of Marriage
by Select Committee:
The following are the additions and altera-
tions effected by the Select Committee in the
Hindu Code Bill.
Marriage-(1) In part IV of the original
Bill relating to marriage, completeness has been
attempted by incorporating provisions pertain-
ing to (a) restitution of conjugal rights, (b)
judicial separation, (c) alimony, (d) custody
of children, (e) jurisdiction and procedure of
courts.
Void and Voidable Marriages-(2) In
Clauses 28, 29, 30 and 35 circumstances have
been shown when marriage may be regarded as
void and voidable.
State Dissolution of Marriage-(3) In the
original Bill dissolution of marriage was avail-
able only on petition of a spouse, but the Select
Committee adds: that if dissolution is sought
on grounds which are fundamental in the sense
that state is interested in them, dissolution
should be available at the instance of third
persons as well who are adyersely affected.
Restitution of Conjugal Rights and Judi-
cial Separation-(4) Clauses 31, 33 and 38.
These make provisions for restitution of conju-
gal rights and judicial separation. In the
former case, if the respondent fails to comply
with the decree for two years or more, the
marriage ma1y be dissolved and in the latter
case if the parties do not resume marital rela-
tionship for a similar period or more after
decree, a marriage may be dissolved.
Adultery-Adultery has been added as a
ground for judicial separation.
No Divorce Without Court-Clause 34
adds that no marriage solemnised before or after
the commencement of the code shall be deemed](ViewImageLocal?handle=hein.journals/allbdlj46&div=79&collection=&method=preview&ext=.png&size=3)
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Select Committee Report on the Hindu Code Bill - A Criticism
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