Hindu Code Bill: Criticism, Ambedkar’s Resignation & Reaction Of Women

A series of laws known as the "Hindu code bills" was passed in the 1950s to codify and reform Hindu personal law in India by displacing religious law with a standard law code. The Jawaharlal Nehru-led Indian National Congress government took office after India gained independence in 1947.

Last 10 Years UPSC Question Papers 

In this article, we will explore the features of the Hindu Code Bill. This forms a significant part of the UPSC IAS exam, and questions related to this topic are seen in Prelims, UPSC Mains Paper I, and UPSC History Optional. This topic is equally essential for the UGC NET History exam, as 5-6 questions are asked every year from the political history of India. Join the UPSC coaching today and boost your preparation.

Download the Daily Current Affairs for UPSC Here!

What Is the Hindu Code Bill?

Dr. B. R. Ambedkar was chosen by Nehru in 1948 to serve as the chairman of the subcommittee charged with developing the Hindu Code Bill. The Hindu Code Bill aimed to codify the various property laws and procedures that apply to both men and women.

The Hindu Code Bill intended to change the succession order and create new laws for minorities, marriage, divorce, and adoption.

Ambedkar discussed topics like the elimination of the birthright to property, property by survivorship, half shares for daughters, the conversion of women's limited estate into an absolute estate, the elimination of caste in marriage and adoption, and the monogamy and divorce principles while summarising the main provisions of the Bill.

• As the new government's Law Minister in 1950, Ambedkar created the Hindu Code Bill. Ambedkar tried to implement reform to Hindu personal laws, and this was to develop a code, modernise Hindu law, and give women more power.
• The Hindu tradition and culture prevailed because, before writing the bill, Ambedkar hired Sanskrit scholars to transliterate the necessary text and shlokas.
• The opposition and the Congress party offered stiff opposition to this bill, which made Nehru put it on the back burner.
• Once Ambedkar left the Cabinet, Nehru steered the effort and led four distinct bills, including the duplicate writing and the Hindu Code Bill.
• These new bills, the Hindu Marriage Act (1955), the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956) and the Hindu Adoptions and Maintenance Act (1956), were passed and brought the dream of Hindu reform into the reality of Ambedkar.

Also Read Independence and Partition of India!

Criticism Of the Hindu Code Bill

The Hindu Code Bill was highly criticised, primarily by the orthodox Hindu community and traditionalists who claimed that it was interfering with the Hindu religious law and custom, family system, specifically the joint family system and also against the sacramental nature of marriage since it carried provisions of divorce. Critics were afraid that it would cause the disintegration of society, more litigation about the rights of inheritance, and weaken Hindu culture. It was loathed by some political leaders, such as the then president of India, Rajendra Prasad, due to radical amendments that were not supported by the majority of people and were injurious to Hindu sentiments. The bill was also perceived as being a threat to the system of caste (Brahmanical) and firmly embedded religious cultures. Its proponents, however, considered it synonymous with modernising Hindu personal law and female rights in a secular state. Congress, the Hindu Mahasaba, and other Hindu religious authorities fiercely opposed the Hindu Code Bill.

• The majority of the controversy stemmed from provisions addressing the elimination of caste-based limitations on marriage, monogamy, divorce, and equal property rights for women.
• Rajendra Prasad, then-President and Chairman of the Indian Constituent Assembly, said that only "highly educated ladies" supported the Bill and that his wife would never support the divorce clause.
• Ambedkar, however, believed that removing caste prohibitions on adoption and marriage did not equate to banning these actions within a caste. The Bill would support those driven by reason and consciousness to overcome caste constraints without impairing the right of orthodox communities to continue acting by their dharma.
• Here, the goal was obviously to open up the topic of kinship, or partner selection and adoption, which caste lines had hitherto governed.
• Ambedkar responded to Bill's detractors, who claimed his defence of polygamy was too Western, by citing the Hindu smritis and shastras, which he claimed implicitly supported polygamy.
• He was essentially arguing for the freedom to divorce clause, which was fiercely opposed because it could shatter Indian culture when he called attention to the successive Brahminization of legislation in India.
• He questioned the imposition of minority rule on the majority because divorce was a habit or law among Shudras, who made up 90% of Indian culture.
• The opposition persisted in publicly lobbying and protesting against the Bill, claiming that it was founded on ideas and concepts that were incompatible with Hindu Law and likely to split every family apart.
• A cultural organisation that defended traditional Hinduism, Dharma Sangh (Association of Dharma Sangh), organised multiple protests against the Hindu Code Bill.
• The Bill's introduction was postponed despite Nehru's initial threat that his administration would fall if it were to be opposed.
• Ambedkar finally persuaded the Bill to be introduced on September 17, 1951, but only after it had been divided into four parts to lessen opposition.
• Ambedkar resigned after the legislation was once more defeated in the legislature. In a letter that he made public, he said that the treatment given to the Hindu Code Bill and the administration's failure to enact it were significant factors in his decision.
• India held its first national elections in 1951–1952. The Hindu Code Bill was one of Nehru's major campaign priorities, and he promised to carry it through Parliament if the Indian National Congress won. After Congress's resounding victories, Nehru was restored to his position as prime minister, and he started an extensive effort to draft a bill that could pass.
• The Hindu Marriage Act, the Hindu Succession Act, the Hindu Minority and Guardianship Act, and the Hindu Adoptions and Maintenance Act are the four bills that Nehru divided the Code Bill into. Between 1952 and 1956, each of these was successfully brought in and enacted by Parliament because they faced much less resistance.

Also, read about the Left Wing Movement in India in detail with Testbook!

Hindu Code Bill And Ambedkar

On April 1, 1947, the Hindu Code Bill was introduced in the Constituent Assembly and, after a whole year, was referred to a Select Committee. Ambedkar moved on August 31, 1948, to study the Select Committee's findings.

The House ultimately adopted Ambedkar's motion that the Bill, as reported by the Select Committee, was to be considered on December 19, 1949, after some, albeit intermittent, discussion that started in February 1948. In 1950, no time was allocated for the debate on the Bill. After that, the bill was discussed in Parliament for three days in February 1951 and examined clause by clause.

Ambedkar asked Nehru to start debating the Hindu Code immediately and at least implement the sections about marriage, divorce, and monogamy. It soon became apparent that the Congress party did not want any portion of the proposal to be adopted before the general election.

Read Here About Communal Politics In India: Emergence, Growth And Other Aspects!

Hindu Code Bill & Women

Throughout this time, Ambedkar gave several lectures in which he emphasised the significance of the Bill for the independence of women. The subject of equal rights for women in the private sphere was gaining traction within the Ambedkarite women's organisations.

The All India Depressed Classes Women's Conference passed several significant resolutions, including ones opposing polygamy and enacting divorce legislation. Unfortunately, important women leaders were not interested in supporting the Bill and, as a result, in social progress, Ambedkar said inconsolably at a gathering in Kolhapur in 1952.

The Hindu Code Bill made mixed marriages possible and ended upper-caste male power over polygamy, divorce, inheritance, and guardianship. The Bill made a commitment to offering all women more room to bargain, conduct business, challenge, and reshape Brahminical patriarchal standards. Men who were lower in the caste hierarchy had the potential to challenge the gendered caste boundaries while also challenging the privileged caste men's practice of polygamy.

Read Here About The Role Of Women In Public Life In Early Medieval India!

Conclusion

In this context, Dr Ambedkar's resignation, which he did in protest at the suspension of the democratic social contract, marked a turning point in India's history of women's rights. In the history of democratic fights for women's rights against the social and patriarchal hierarchy of the state, Dr Ambedkar's arguments in favour of the Hindu Code Bill and his justification for his resignation from the cabinet must be given their due credit.

Download Hindu Code Bill Key Takeaways PDF

Also Read About The Economic Nationalism In India!

Testbook provides a set of comprehensive notes for different competitive exams. Testbook is always at the top of the list because of its best quality assured products like live tests, mocks, Content pages, GK and current affairs videos, and much more. To study more topics for UPSC, download the Testbook App now.