THE STORY OF HINDU CODE BILL AND THE STRUGGLE BEHIND IT.

 HINDU CODE BILL

I MEASURE THE PROGRESS OF A COMMUNITY BY THE DEGREE OF PROGRESS

WHICH WOMEN HAVE ACHEIVED.

- Dr B.R. AMBEDKAR

WHAT IS HINDU CODE BILL ?

THE BILL WAS TO CODIFY AND REFORM HINDU PERSONAL LAW, WITH THW AIM ELEVATE THE SOCIAL STATUS OF HINDU WOMEN, TO ELEMINATE SOCIAL INEQUALITY OF CASTE. IT WAS APPLICABLE FOR ALL CASTE AND SECTS OF HINDU, SIKHS, JAINS, AND BUDDHISTS. THE KEY PROPONENTS OF THE BILL WERE Dr, B.R. AMBEDKAR (DRAFTER), JAWAHARLAL NEHRU ( PRIME MINISTER), AND B.N. RAU (REVIEW COMMITTEE). 

NOTABLE FEATURES OF THIS BILL

WOMENS RIGHT TO INHERIT PROPERTY

 (DAUGHTERS AND WIDOWS GETS EQUAL SHARE AS MALE HEIRS)

WOMENS RIGHT TO DIVORCE AND REMARRY

INTERCASTE MARRIAGE

(ABOLITION OF RULES OF CASTE IN MARRIAGE)

TODAY WE THINK OF THESE RIGHTS AS NORMAL AND OBVIOUS, BUT THESE RADICAL CHANGES DURING INDEPENDENCE ERA AND WERE MET FIERCE OPPOSITION.

INTERNAL OPPOSITION

THE UNEXPECTED OPPOSITION WAS FROM THE CONSTITUENT ASSEMBLY ITSELF.

IT FIRST CAME FROM THEN-PRESIDENT RAJENDRA PRASAD, WHO WROTE JAWAHARLAL NEHRU A WARNING LETTER ABOUT THIS BILL.

WITHIN THW PROVISIONAL PARLIAMENT, CASTE HINDU, MOSTLY FROM CONGRESS PARTY, CLAIMED THAT HINDU LAWS HAD BEEN UNCHANGED FOR CENTURIES OF LONG TIME.

ANOTHER STAUNCH OPPOSITION CAME FROM SHYAMA PRASAD MUKHERJEE, WHO CLAIMED THAT THE BILL WAS UNFAIRLY TARGETING HINDU RELIGION. IN LATER YEARS SHYAMA PRASAD WENT TO ESTABLISH THE BHARTIYA JAN SANGH, WHICH LATER CHANGED ITS NAME INTO BHARATIYA JANATA PARTY (BJP).

EXTERNAL OPPOSITION

AS SOON AS THE CONTENTS OF THE BILL CAME OUT TO THE PUBLIC, HUGE RIOTS BROKE OUT. THESE MOVEMENTS WERE BACKED BY RSS, AND OTHER LIKE MINDED HINDU ORGANISATIONS. THE LEADER OF THE MOVEMENT WAS SWAMI KARPATRIJI MAHARAJ, A SPRITUAL LEADER.

IN MARCH 1949, ALL INDIA HINDU COMMITTEE HAD BEEN FORMED, IT CLAIMED THAT THE PARLIAMENT HAD NO RIGHT TO INTERFERE IN THE PERSONAL LAWS OF HINDUISM. 

EVEN UPPER CASTE HINDU WOMEN ALSO REJECTED THE BILL, CLAIMING THAT AMBEDKAR, AN UNTOUCHABLE, HAD NO RIGHT TO DICTATE LAW, ONLY BRAHMINS HAD THE RIGHT TO DICTATE LAW.

ON 11 DECEMBER 1949, RSS ORGANIZED A PUBLIC MEETING IN RAM LILA GROUND IN DELHI, WHERE EVERY SPEAKER CONDEMNED THE BILL AND HURLED CASTEIST SLURS ON AMBEDKAR.

PASSING THE BILL

BETWEEN 1950 AND 1951, AMBEDKAR AND NEHRU HAD MADE MANY ATTEMPT TO PASS THE BILL, BUT THE OPPOSITION WAS CONSIDERABLE, BOTH WITHIN AND OUTSIDE THE PARLIAMENT. THE PROGRESS OF THE BILL IN THE PARLIAMENT WAS PAINFULLY SLOW.

AN IMMENSE NUMBER OF OPPOSITION WAS TABLED BY UPPER CASTE HINDUS, MOSTLY FROM THE CONGRESS PARTY. AFTER THE SESSION ENDED, THE BILL WAS TALKED OUT AND IT LAPSED. SINCE NERHU CHOSE TO GIVE UP TO THE OPPOSITION, AMBEDKAR FELT DISGUSTED AND RESINGED FROM THE UNION CABINET IN OCTOBER 1951.

AFTER THE FIRST GENERAL ELECTION, NEHRU FORMED THE CONGRESS GOVERMENT WITH A COMFERTABLE MAJORITY. KEEPING THE EARLIER PROTESTS IN MIND, THE ORIGINAL BILL WAS NOW BROKEN INTO SEVERAL PARTS,

AFTER A BRUISING BATTLE EXTENDED OVER 10 YEARS, Dr. AMBEDKAR'S BILL HAD PASSED. NOT AS HE HOPED, BUT IT PASSED INTO SEVERAL INSTALLMENTS.

"HOWEVER STRONG AND HOWEVER FILTHY BE THE ABUSES, WHICH THE CONGRESS PRESS CHOOSES TO SHOWER ON ME, I MUST DO MY DUTY"

"AFTER A LIFE OF FOUR YEARS OF THE HINDU CODE BILL,  IT WAS KILLED AND DIED UNSWEPT AND UNSUNG. IN REGARDS TO THE BILL, I HAVE BEEN MADE TO GO THROUGH THE GREATEST MENTAL TORTURE. THE AID OF PARTY MACHINERY WAS DENIED TO ME."

- Dr. B.R. AMBEDKAR.

CONCLUTION

We generally associate Dr. Ambedkar as being an Anti-caste icon, or the Father of the Indian Constitution, however, a lesser-known side of him is that of a staunch Feminist.

Back in the early days of independent India, Ambedkar fought for basic equality, not just for the so-called lower castes, but also for ALL women.
When the whole nation was against him, he put everything at stake just so that women can have basic rights.

It's a sad fact that many of us are unaware of this contribution of his.
Even the mainstream Feminist movement in India barely acknowledges the contribution of Dr. Ambedkar. We need to talk more about this.

Jai Bhim!