India After Gandhi: The History of the World's Largest Democracy by Ramachandra Guha
The Anti-Hindu-Code-Bill Committee held hundreds of meetings throughout India, where sundry swamis denounced the proposed legislation. The participants in this movement presented themselves as religious warriors (dharmaveer) fighting a religious war (dharmayudh). The Rashtriya Swayamsevak Sangh threw its weight behind the agitation. On 11 December 1949, the RSS organized a public meeting at the Ram Lila grounds in Delhi, where speaker after speaker condemned the bill. One called it ‘an atom bomb on Hindu society’. Another likened it to the draconian Rowlatt Act introduced by the colonial state; just as the protests against that act led to the downfall of the British, he said, the struggle against this Bill would signal the downfall of Nehru’s government. The next day a group of RSS workers marched on the Assembly buildings, shouting ‘Down with Hindu code bill’ and ‘May Pandit Nehru perish’. The protesters burnt effigies of the prime minister and Dr Ambedkar, and then vandalized the car of Sheikh Abdullah.
The leader of the movement against the new bill was one Swami Karpatriji Maharaj. We know little of this swami’s antecedents, except that he was from north India and appeared to be knowledgeable in Sanskrit. His opposition to the Bill was coloured and deepened by the fact that it was being piloted by Ambedkar. He made pointed references to the law minister’s caste, suggesting that a former Untouchable had no business meddling in matters normally the preserve of the Brahmin.
In speeches in Delhi and elsewhere, Swami Karpatri challenged Ambedkar to a public debate on his interpretations of the Shastras. To the law minister’s claim that the Shastras did not really favour polygamy, Swami Karpatri quoted Yagnavalkya: ‘If the wife is a habitual drunkard, a confirmed invalid, a cunning, a barren or a spendthrift woman, if she is bitter-tongued, if she has got only daughters and no son, if she hates her husband, [then] the husband can marry a second wife even while the first is living.’ The swami supplied the precise citation for this injunction: the third verse of the third chapter of the third section of Yagnavalkya’s smriti (scripture) concerning marriage. He did not, however, tell us whether the injunction also allowed the wife to take another husband if the existing one was a drunkard, bitter-tongued, a spend-thrift, etc.
For Swami Karpatri, divorce was prohibited in Hindu tradition, while ‘to allow adoption of a boy of any caste is to defy the Shastras and to defy property’. Even by the most liberal interpretations, the woman’s inheritance was limited to one-eighth, not a half as Ambedkar sought to make it. The bill was altogether in violation of the Hindu scriptures. It had already evoked ‘terrible opposition’, and the government could push it through only at its peril. The swami issued a dire warning: ‘As is clearly laid down in the Dharmashastras, to forcibly defy the laws of God and Dharma very often means great harm to the Government and the country and both bitterly rue the obstinate folly.’10
III
In December 1949, having agreed upon a constitution, the Constituent Assembly made way for a provisional Parliament, which was to be in place until the first general election. Through 1950 and 1951, Nehru and Ambedkar made several attempts to get the Hindu Code Bill passed into law. But the opposition was considerable, both within Parliament and outside it. To quote J. D. M. Derrett, ‘every argument that could be mustered against the project was garnered, including many that cancelled each other out’. The ‘offer of divorce to all oppressed spouses became the chief target of attack, and the cry that religion was in danger was raised by many whose real objection to the Bill was that daughters were to have equal shares with sons’.11
Within the provisional Parliament, orthodox members claimed that the Hindu laws had stayed unchanged from time immemorial. ‘The rules of conduct and duties of men in our country are determined by the Vedas’, said Ramnarayan Singh. Despite the challenges down the ages – posed by Buddhism, Islam and Christianity – ‘the Vedic religion did not perish’. . . [the] Vedic religion is still there’. But now, complained Ramnarayan Singh, ‘we have Pandit Nehru’s administration whose representative Dr Ambedkar wants to abrogate with a single stroke all those rules which have existed since the beginning of the world’.
Some parliamentarians argued that the government should frame and have passed an Indian code rather than a specifically Hindu one. ‘I do not believe that only Hindu women are oppressed’, said Indra Vidyavachaspati. By passing the bill in its present form, the state would ‘give encouragement to [the] evil of communalism’. If it was not made applicable to all sections of the populations, insisted Vidyavachaspati, then ‘the feeling of communalism will arise and what should have been a boon will turn into a curse’.
Other members were happy enough with the bill as it was. ‘While I admire those who want to have one Civil Code for the whole of India’, said Thakur Das Bhargava, ‘I do not think that it would be a practical proposition to have one Civil Code for Muslims, Christians, Jews, etc.’. For Muslim members had already expressed their opposition to any tampering with their personal code, which they believed to be the revealed word of Allah himself. To ask at this stage for a uniform code was seen as a stalling tactic, diverting attention from the reform so urgently required within the majority community. As Dr Ambedkar put it, ‘those who until yesterday were the greatest opponents of this Code and the greatest champions of the archaic Hindu Law as it exists to-day’, now claimed that they were ‘prepared for an All-India Civil Code’. This was because they hoped that while it had already taken ‘four or five years to draft the Hindu Code [it] will probably take ten years to draft a Civil Code’.
Ambedkar knew that while there were enough influential Hindus – such as Jawaharlal Nehru – who were behind progressive legislation, among the Muslims the liberal contingent was nowhere near as strong. The government, he said, could not be so ‘foolish’ as ‘not to realize the sentiments of different communities in this country’. That was why the code at present dealt only withtheHindus.12
Of course, not all Hindus were of the liberal party either. The reservations of the orthodox, as expressed in Parliament, were carried forward in the streets by the cadres of the Rashtriya Swayamsevak Sangh. They brought batches of volunteers into New Delhi, to shout slogans against the Hindu Code Bill and court arrest. Among their larger aims were the dismemberment of Pakistan and the unseating of Jawaharlal Nehru – as they shouted, ‘Pakistan tod do’, ‘Nehru Hakumat Chhod Do’.
The main speaker at these RSS-organized shows was usually Swami Karpatriji Maharaj. Addressing a meeting on 16 September 1951, the swami challenged the prime minister to a debate on the proposed bill. ‘If Pandit Nehru and his colleagues succeed in establishing that even one section of the proposed Hindu Code is in accordance with the Shastras’, said Karpatri, ‘I shall accept the entire Hindu Code’. The next day, in pursuance of this challenge, the swami and his followers marched on Parliament. The police prevented them from entering. In the ensuing scuffle, reported a Hindu weekly, ‘police pushed them back [and] Swamiji’s danda [stick] was broken, which is like the sacred thread, [the] religious emblem of the sannyasis’.13
Coincidentally, just two days before Swami Karpatriji’s march, the president had written the prime minister along letter of protest against the bill. As in 1948 and 1949, now too Rajendra Prasad felt that the present Parliament, based like its predecessor on a restricted franchise, was ‘not competent to enact a measure of such a fundamental nature’. The bill, argued the president, was ‘highly discriminatory’, for it applied to only one community, the Hindus. Either the same laws governing marriage and property should be applied to all Indians, or else the existing customary laws of the different communities should be left untouched. Prasad wrote ominously that ‘he proposed to watch the progress of the measure in Parliament from day to day’. If the bill was still passed, he would insist on his ‘right to examine it on its merits. . . before giving assent toit’.14
Nehru wrote back saying that in his view there was ‘a very widespread expression of opinion in the country in favour of the Bill’. But the president’s opposition had him
Despite this advice, Nehru chose not to challenge the president. In any case, the progress of the bill in the provisional Parliament had been painfully slow. An immense number of objections and amendments had been tabled. It took the better part of a year to have a mere four clauses passed. In the end ‘the session ended, the bill was virtually talked out, and it lapsed’.16
The man who was most hurt by this failure was the law minister. Dr Ambedkar had staked his reputation on the bill, meeting criticism and calumny with equal resolution. That Nehru had finally chosen to give in to the opposition pained him deeply. In October 1951 he resigned from the Union Cabinet. He intended to announce his decision in the House, but when the Deputy Speaker asked for a copy of his speech beforehand, he walked out in a huff and released it to the press instead.
Ambedkar gave several reasons for his decision to resign. He had been in poor health, for one. For another, the prime minister had failed to repose adequate trust in him. Despite having a PhD in economics (from the London School of Economics, no less) he had been left out of discussions on planning and development. A third reason was his growing reservations about the government’s foreign policy, particularly with regard to Kashmir. A fourth reason was that the condition of his fellow Scheduled Castes continued to be wretched. Despite the coming of political independence, and a constitution protecting their rights, they faced the ‘same old tyranny, the same old oppression, the same old discrimination’.
Ambedkar came in the end to the issue which had finally provoked him to resign. He had, he said, set his cap on having the Hindu Code Bill passed before the end of the Parliament. He had tried hard to convince the prime minister about the urgency of the matter. But Nehru did not give him the kind of support he had hoped for. Facing opposition within his own party, the prime minister, complained Ambedkar, had not ‘the earnestness and determination’ required to overcome it.17
IV
In the first months of 1952 the recent debates on the Hindu Code Bill cast their shadow as India held its first general election. Feeling let down by the Congress, Dr Ambedkar had founded his own Scheduled Caste Federation in opposition to it. As for the prime minister, in his own constituency of Allahabad he was opposed by a leader of the now notorious Anti-Hindu-Code-Bill Committee.
This was Prabhu Dutt Brahmachari. He was an ascetic and celibate, to signal which he wore saffron. Brahmachari’s candidature was supported by the Jana Sangh, the Hindu Mahasabha and the Ram Rajya Parishad. His campaign was run on a single-item agenda – no tampering with Hindu tradition. He printed pamphlets detailing the prime minis attempts to interfere with that tradition, challenging him to an open debate on the subject.18
Nehru sensibly refused. He won his seat with a massive margin, while the Congress got a comfortable majority overall. Nehru saw this, in part, as a mandate for his campaign against communalism. Soon after the Parliament was convened he resurrected the Hindu Code Bill.
Keeping the earlier protests in mind, the original bill was now broken up into several parts. There were separate bills dealing with Hindu marriage and divorce, Hindu minority and guardianship, Hindu succession, and Hindu adoptions and maintenance. These component parts retained the rationale and driving force of the original unified proposal. The main thrust was to make caste irrelevant to Hindus with regard to marriage and adoption, to outlaw polygamy, to allow divorce and dissolution of marriage on certain specified grounds and to greatly increase a woman’s share of her husband’s and her father’s property.19
The prime minister was in the vanguard of the pro-reform movement, telling Parliament that ‘real progress of the country means progress not only on the political plane, not only on the economic plane, but also on the social plane’. The British had allied themselves with ‘the most conservative sections of the community they could find’. The conjoining of tradition and colonialism meant that ‘our laws, our customs fall heavily on the womenfolk’. Thus ‘different standards of morality are applied to men and women’. Men were allowed more than one wife, but when a woman wished for a divorce she was challenged by men, only ‘because men happen to be in a dominant position. I hope they will not continue in that dominant position for all time.’
Hindu customs and laws were hypocritical as well as unjust. Women were urged to model themselves on mythic figures of devotion and fidelity but, said Nehru, ‘I do not seem to remember men being reminded in the same manner of Ramachandra and Satyavan, and urged to behave like them. It is only the women who have to behave like Sita and Savitri; the men may behave as they like.’20
Nehru worked hard to convince his colleagues of the importance of these measures. He wrote to one of his senior ministers, a Brahmin who tended towards the orthodox, that ‘we have to remember that in the acknowledged social code and practice of India, as it has existed thus far, there was no lack of moral delinquency as well as extreme unhappiness. There were two codes, one for the man and the other for the woman. The woman got the worst of it always.’ To a young first-time MP Nehru wrote that ‘we should concentrate on the passage through Parliament of the Marriage and Divorce Bills and the Succession Bill. These are the really important ones. The bills dealing with adoption and guardianship, etc. are relatively unimportant.’21
By now the Anti-Hindu-Code-Bill Committee had lost its momentum. After the 1952 election the names of Swami Karpatriji Maharaj and Prabhu Dutt Brahamachari do not appear in the newspapers or police records. There were no longer any protests on the streets, but there were still criticisms aplenty in Parliament. The orthodox MPs saw the new bills as designed to destroy Hindu culture. For them, the laws of Manu and Yagnavalkya were immutable and unchangeable, as relevant in 950 BC as in AD 1950.22
But there was also an opposition that was less vulgar and more considered; representing what we might call Hindu conservatives rather than Hindu reactionaries. Consider thus the views of the distinguished historian Radha Kumud Mookerji. He felt that the new proposals, particularly the provisions allowing divorce, were
against the very spirit of Hindu civilization . . . The Bill is inspired by the western view of life which attaches more value to the romance of marital relations and married life than to parenthood in which marriage attains its fruition. The Hindu system conceives of parenthood as something that is permanent, unchangeable, and inviolable . . . The Bill seeks to change popular psychology as to the sanctity of marriage and family and loosen the ties of family as the very foundations of society. It thinks more of husband and wife than the father and mother in whom they are to be permanently merged to protect the child and the future of the race.23
This argument did not go uncontested. A woman member felt that ‘the effect of a broken home is less injurious than that of a disharmonious home. Children are of a very receptive mind and the scenes that they may see of neglect and quarrel between the parents . . . are bound to leave their mark. If ‘the home has lost peace’, remarked another member, there was no point ‘forcing [husband and wife] to live together’; it was better to allow ‘separation in a respectable fashion’.24
In the Lok Sabha the opposition to the reforms was led by the brilliant Hindu Mahasabha lawyer N. C. Chatterjee. If this was indeed a secular state, argued Chatterjee, what was the need for a ‘Hindu’ Marriage and Divorce Act? Why not make the same law apply for all citizens? Thus, if the government honestly believed in the virtues of monogamy, that ‘this is a blessing and polygamy is a curse, then why not rescue our Muslim sisters from that curse and from that plight? ‘You have not the courage’, Chatterjee told the law minister, ‘to be logical and to be consistent.’25
The election of 1952 had returned to Parliament an array of articulate and confident women Congress MPs. These, naturally, saw the opposition to the legislation as the work of reactionaries. Subhadra Joshi, speaking in Hindi, launched abroad side against the custom of arranged marriages, which virtually sold women into sharm ki zindagi, a life of shame and degradation. Shivrajvati Nehru noted that, while male politicians talked grandly of economic and political reform, they were not willing to make a single change in the sphere of social life and custom. In Hindu society the man was free and sovereign (purn swatantra); but the woman was bonded – to him. Even now, the husband was prone to treat his wife as a pair of slippers on his feet, to be discarded at will.27
In support of the reforms were several Scheduled Caste members, who knew better than anyone else how Hindu ‘custom’ masked a multitude of sins. One MP said that if the orthodox had their way, they would