Friday, 16 May 2025

Why did Dr. Ambedkar resign?

 The collaboration between Nehru and Dr. Ambedkar in shaping India into a secular and democratic nation was extraordinary. Dr. Ambedkar, with Nehru's political support, was instrumental in drafting a constitution embodying modern values. The Hindu Code Bill serves as a reflection of their reformist aspirations. However, religious conservatives strongly opposed this bill. Due to their fervent resistance, Nehru too had to make some political concessions.

Between 1949 and 1951, the Hindu Code Bill was debated extensively in Parliament but failed to reach a resolution. Key figures like Dr. Rajendra Prasad, Shyam Prasad Mukherjee, Pattabhi Sitaramayya, Pandit Govind Malaviya, Bihari Lal Bhargava, and the Maharaja of Darbhanga opposed it within Parliament. Outside Parliament, Hindu religious leaders and spiritual authorities heavily criticized the bill, claiming it was not based on Hindu scriptures but rather influenced by Western ideas, aiming to alter Indian culture and traditions.

The conservatives argued that the bill contradicted Hindu social customs established over millennia. They further contended that Parliament lacked the authority to legislate on religious matters. They believed that every Hindu's life should align with religious texts without state interference. Contrarily, Dr. Ambedkar and Nehru envisioned every citizen living with democratic values such as liberty and equality.

During the bill's discussion on December 11, 1949, about a thousand orthodox Hindus, led by Pandit Govind Malaviya, surrounded Parliament in protest. On December 19, 1949, a vote in Parliament on sending the bill to a select committee saw only eleven members supporting it. This opposition underscores the fierce resistance the Hindu Code Bill faced.

Even after two years of examination by the select committee, the bill did not receive parliamentary approval. Frustrated by this, Dr. Ambedkar resigned as Law Minister on September 27, 1951. In his resignation letter, he expressed disappointment, stating he had worked in the belief that the bill could be passed in the current session and had even agreed to separate the "marriage and divorce" clause to facilitate its passage. He resigned when the government decided to shelve it entirely.

In his response, Nehru acknowledged Ambedkar's disappointment and reiterated his commitment to the bill, recognizing its significance for progress despite the challenges posed by procedures and parliamentary norms.

Religious parties like the Hindu Mahasabha, Jan Sangh, and Ram Rajya Parishad protested vigorously against the bill. Even some conservative Congress members joined the opposition, with Congress President Pattabhi Sitaramayya warning Nehru of potential electoral setbacks if the bill was not handled cautiously. These developments deeply disheartened Dr. Ambedkar, leading to his resignation—the first resignation in independent India over a policy disagreement.

What was in the Hindu Code Bill?

The Hindu Code Bill was a comprehensive set of laws addressing family, marriage, and inheritance within Hindu society. It aimed to modernize human relations in Hindu society, fostering freedom and equality while eliminating gender and caste discrimination. Key provisions included:

  1. Prohibition of child marriage and establishment of a minimum marriage age, requiring mutual consent for marriage.
  2. Allowance for inter-caste and interfaith marriages.
  3. Right for women to adopt children.
  4. Right for women to seek divorce.
  5. Right for divorced women to claim maintenance.
  6. Prohibition of polygamy.
  7. Equal inheritance rights for daughters and sons, abolishing the custom of eldest sons inheriting property.
  8. Right for women to purchase property.
  9. Equal guardianship rights for mothers and fathers.
  10. Overall gender equality in personal laws.

These provisions, advocating women's liberation and empowerment, starkly contrasted traditional societal values, which upheld child marriages, caste-based marriage restrictions, and limited women's rights. Religious conservatives opposed these reforms, arguing they undermined Indian culture and sought to include traditional practices in the constitution.

Outcome

After Ambedkar's resignation, elements of the Hindu Code Bill were later enacted in 1955-56 as separate laws, including the Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship Act, and Hindu Adoption and Maintenance Act. Today, the freedom and empowerment enjoyed by Indian women owe much to Dr. Ambedkar's vision and Nehru's determination.

Conclusion

Article 44 of the Constitution proposes a Uniform Civil Code (UCC), ensuring uniform personal laws for all citizens. However, Nehru emphasized respecting India's diversity, suggesting minorities could voluntarily adopt the UCC. Despite persistent advocacy by some groups, the Law Commission in 2018 reported that the UCC is neither feasible nor desirable in a culturally diverse nation like India.

This account, penned by Bolloju Baba, sheds light on Dr. Ambedkar's reformist vision and the historical significance of the Hindu Code Bill.

Bolloju Baba

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