Wednesday, 3rd December 1947 THE CONSTITUENT ASSEMBLY OF INDIA (LEGISLATIVE) DEBA.TES
Official Report
Volume ll, 1947
·,. ('29th Novem'1er to 10th Dacember, 1941)
• IE£ ••
First Se11ion OF THE CONSTITUENT ASSEMBLY OP INDIA (LEGISLATIV�) 1947
.. -......
vi CONTENTS
-Volume ll-_ November to 10th Pecember, ~'T.
IUTtTBDA.Y, 29T1I NOVBIIBBB, 1947- Suspension of Qqe&tion HO,.f • Stamld Qqestions and AD/lWerB . . . . Election to Centl'al Ad,,'isoty BOafd of Edqcation . Election to Standing Committee for Ministry of Law . . . Inoome-tall: and ~ Profits Tax (Amendment) Bill-Introduced Indian Army and Indian.Air Force (Amendment) Bill- Extension of Time for Presentation of Report of Select Committee . . 855 Motion re Relief and Rehabilitation of Refugees 855-86, 891-923 Panel of Chairmen ...... 886-87 " Standstill Agreement with H. E. H. The Niaam of Hyderabad 887-91
"OIlDA.Y. 1ST DZCEKBEB, 1947- Starr.>d Q"estion" and Answers ...... 925-80 Hotion for Adjo"rnment re Anno\\ncement to decontrol sugar and consequent rise in price8-Disullowed ...... • 981 Ek ...·ti.m to thb Stunding Committee for Ministries of Relief and Rehabilitation un
~, A , 2ND DSOSIIB_, 1947-
~ Q1lestiol\ll and AMWera , .. .• . 1026-56 JIoUOIl foil' AdjOUil'nment re Agriement between the Dominion of India and' Niaam of Hyderabod aad Berar-Diea1lowed ...... 1056 Electiol1ll to Standing Committe. for the Kiniatry of States ; Min_try of TI'&IIJI. port; Counoil of the Indian IQlltitute of Scienoe. Bangalore; Governing Body of t.he Indian R_arch ~ AlI8()Ciation; and Standing Committee for Roads. 1056-58 ReeoIution re- Amelioration of oondition of Scheduled CaBtee-Adopted 811 amended 1068-" Appointment of Stat.utory Law Reviaion Committee--Withdrawn . 1100-08 Indian States (Protection against Disaffection) Aot--Not moved . H08 Scienti6c ReaeatCh into Ayurveda Syatem of Medicine -Withdrawn 11 OS-I() TrainiQIJ of PersolUl81 for a N ationaf Mercantile Mafine-N ot moved 1110-13-
'~'. II A . 3BD DEcwIIBn, 19'7- Declaration by Members . 1115 Starred Questionll and ADMrerB . . 1116-6& Election to Court of Univenity of Delhi. . . 1160 :'hild Marriage Reetraint (Amendmenti Bill-continued. . . . . 1161 indian Penal Code and the Code of Criminal Procedure (Amendment) Bill- clrroqlated ...... 1161-88 Code of Criminal Proced"te (Amendmont) Bill-Introduced . . . 1184 IndiRn Bar Couwiia and the Legal Pract.itioD"rs (Amendment) Bill-Introduced 1184 Oriminal Tribes (Repeal) Bill-Introduced ...... 1184; II -~ (Amendment) Bill-Introduced . . ~ Indian Penal Code (Amendment) Bill-Introduced . 1164 Provincial In'lOlvenoy (Amendment) Bill-Introduced . . . . 1185 Ptevention of Forcible and Fraudulent Conversion of Hindu Women Bill-Intro- duced ...... 1185 Indian Cattle Prwervation Bill-Introduced...... H86 Indian Companies (Amendment) Bill-Amendment of8ection 8&·F-Introduced 1185 IDdian Companies (Amendment) Bill-Amendment of 8eetioDII 26, 31. etc.-Int.ro- duced ...... 1185-8& Indian Penal Code (Amendment) Bill-Introduced. . 1186 Code of Criminal Prooedure (Amendment) Bill-Introdueed 1186 Crimioal,Tribee (Repeal) Bill-Introduoed 1l8es viii Pas- Hindu Juter Celtellarriap Regulatial aDd Valldatlag Bill-Introduced. . 1187 Cod" Qf Crirnirual Procedure (ADlODIlmeDll Bi11-AmendJDent of ScctiODe"161 and I 82-1Dt.rodu('eci • 1187-88 FACtoriea BiJI-lntroclueed . . • 1188 Dam,,,,, ... V.Uoy Corpor.tion Bill-Introouced • . . . . 1188 J,&t:Ol'fll·t ... 1. and RUllinr-J'I'"lit" T .. " (.~ ' t) DiII-·Pallf'd fill amended 1188-87 ";.t, .. Pr(win"j", JuriNJi"lil,n UilI-·ltc·f(>m .. ll" f;flIClCl Commitic:c . 1197-98 lAdian M..-chuut Shippi", (AmeelmcDt) Bill -P.-ed ... . 1198-1100
1201--18 1229' 1221-71
....&1', In D.caa., 1"7-
· 1188-1111 • .116 · 1116-60 · 1140-41 · IMI-lI
~ 'ao!.... ben • 1111 ...... Q.&. ...".....,. • • • . . • • • 1111-7' .... ~ '" ,J"Ndia"oD I -. ~t. of &be ~ of8eleo' Com· ...... • . ... 1.78 ...... II .. and Am..u.c BOt-In""""" . . . 1380 ladJaa Taritr (8ecl0Qd Ameadm.eal) BDI-Introduaed...... 1380 APIDfId Foro. (8JIeoial PowerI) I)-I~...... 1380 Atm4ICI Porwe f...... ;SDuU.) A ~ BiIi--Ia...... 1380 IncI'-Fi ...... (8 ltaI')') BDl-P...... • . . . . ISll-H ,,_aricil1 (8t1PP17, W-D"",,",- OD .... lloUoa. to ..,. &0 Weo' CommiUee / _~- IIM-l_
MOltD4Y. ITa Danno ... IM'- at.ned Q"...u_ .... A...... • . . 14U-U lIo&ioft for AdjOltf'n'll1_t ~ raDQre of 00YerD ...... &0 aop Tdbal ...... from PIlk ...... --DWo.llOftd . I- ()o1ftm1U. 01\ PMl"-" • . . • . . . . . • I- 'itBhIOuloit,. (h"" BiU-RelMWIl &0 WeeL eom...... 1_'1tM--e7 ___ r-t..u-NQ_"; ~ BiU-P...... : • DeIhl Plena ... (I\eq1\iIIItioa IUIIIlBriltUoa) ~ ...... • • I~II I ,-DeIaI_ Aj ...X.....,. .... CeaVol (Ala ...... , BII-P-.I ...... I ......
~...... DwcJIrw-D 1"'- ..... ~...... 1111-11 u..tItof ...... 1Kl "' ~_'" ...... ~ CONSTITUENT ASSEMBLY OF INDIA (LEGISLATIVE)
Wednesday the 3rd Decem/ler 1947.
The Asst'mbly lJIet ill the Assembly Challlber of the' Council House at Eleven of tht' Clock. l\Ir. Speaker (The HOllourahll' ~I . n. Y. Mavalankar) "in the Chair.
DECLARATION BY MEMBERS The following Members made the Declaration under Rule 2C:- Saiyid Mohd. Saadulla.; and Kumararaja Sir M. A. l\futhiah Chetti,var.
STARRED QUESTIONS A~ ANSWERS (a) ORAL ANSWERS. EMPLOYMENT OJ!' ScHOLARS BE'I'UBNEO FBOM ABROAD MG. *Seth Govinddas: (0) Will the Honourable Minister of Education be pleased to state how man.v Governmellt scholars sent to foreign countries for advanced st.udies have returned to Jndifl so far: (b) Wh!l.t are these sreciulists doing now in India: (c) How do the Government of India propose to utilise the specialised know- ledge of these Reholars?
~ t I ,,.,~ .tJ.... ", t ""'0 .tJ.... : ~') rl.(.ltl' UlI,.. ~ J ~ ;~ .JJ J ~, ..J ,~ ,.lJ-U"'y"- I V J. ~,~ J,.u... ~ (....ill) -~ ~ ~" L,$ rk.. ~,; ~ ~ LJ+'" -, IS ~ t;'~ '-:! IS ~~~ -~ ~ 4$) X .~ L U"'$liI ~. A -~' (y) Jjf ~.. ~ "'~ . ),~ L ~ ,,' • ~ .l,s l.!rS y' ~ . u-,~
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') la ~"';t ..,...t ~ ~ ,' .; I.:JI t1 L ~ )~ £j ~ w; ~ J.; LJ'-f:t. -~~ l.!rS ../*-J!u=" L . ,,~ d uoJ"'; uW' ~ tf 1;)1 -, IS A I..S;"~.) ~ ~,~ ~" "! 4!! JW ~ I "'~ ~,'
• ~~ '...~ ~ I.:JI t1 ~, ,; ~, " ~, JI.,s d*-X 1.. :""'-; ",:-1..\.. ~ ~ ,~ l-.!' ~ ~ ~, u,.., W; ~,..., . A~. J..'b. ~ ~ ~~ yf ,~, ~ ~ . ,s ~ ~, ~)~ ~,' IS • ~ Jt).,s ~ J J.,s dw. X 1>4 ",:-1..\.. ,t-f ( 1115 ) 1116 CON8TITftNT ASSI';)'BLr O}' INDIA (LB018LATIVE) [SRD ,OBC. 1947 '1"Iae 1IoDo1uab1e .....1aa. Abul Kalam Aucl: (a) From the Central Govern- ment scholars sent under the Central Overseas Scholarships Scheme 17 of the 1945 batch and three of the 1946 batch have so far returned to india after completion of their training abroad.
(b) A statement giving the nam(l8 of these scholars with a summary of the work they are doing in India and the reasons of return, where necessary, is placed on tbe table of the Bouse. (0) ~ ~ of. 8 scbolar on return, after completion of his training. abroad, WIll an the first Ihstance be l)iaced at the disposal of the Ministry against whose requirement. he 1\'88 selected; otber Ministries of the Government of India will have a second claim 011 him, if, however. the Government of India do not immediately require his services owing to the fact that their develop- ment plans have not materialised or have not been given effect to, he will be placed at the di8posul of B Provincial GoveMlment, Fniversity, Technical Insti- tution or indufltr.... according to their needs and demands.
So far 118 l)rovincial scholars are eO!Jcerlll·d. it is the responsibility Of the Pr(Jvill('il\) OrWI:rllmf'flt (·mwl'rnt·,l to ~II'(' th,· (~ " s(·holnrc; ~ t .\ . . Tn case they are unable to do 110. the services of the returned scholars are to be placed ai the dilposal of the Government of India. So far there has been only OM Milch cnSfl where the Pwv;noiRI Govenllmmt has not bepn able to utilise the> Rervicetl of a trained Bcholar and the novernment of Indil\ are endeaTouring to ,,1111'(1 him in a luitable pol\. .7'11 .~~ t .~ ", tT.t Porition of Empk>ym·nt of Rl'tumiftg .ge'llola'I> 1945 Bille" J. Tarep.da Bandopadba,.y. Baa .p!!bialiae
~ ~ ~ CRT ft- ' ~ rnM6!( ~~G it ~~ ~ i ~ ~ ~ !SJiJ fi ~ ~ it ~ ~ t ~ it ~ ~ itit t in Ofinr tR ;:r(f ~ tTtt t 'lin: ~~I' it t? Seth GoviJlddaI: May I know from the Honourable Minister that out of the Bchole.rs who have since returned from foreign countries if there are any whose services have not yet been utilized and are in India? ~ -"';~,-,I- d ~ Ut1 ~A, .. - I ',s y; : IlI;i t'.,(J,.t1 Lill,.. ~,; - ~ l.,c ~~ ,d ~ Jj L,s JU.!,3 ~ IS u~ l'(.(...lX-! 4. ~ ~I")I ~ ~I ~ " ~ ~)'-" - ~ ~, t:} .fJf ~ tP ~ L...S.;; ~ ~ "I The Honourable lIaulaDa Abul Xalam And: You will find its details from the statement. But I can tell you from my memory that those who had returned after completion ,of their trainiug have been provided for and endea- vours are being made for those who are still unemployed. mo ~ ~ ifiTfIll : CRT m ~ ~ ifflT riit f.i; i:i1 ~ it it ~ ~ () I ~ ~ it, ~~ ~~~~ ill1: !SIR ~ ~ ~~ ~ .. ? Shrt H. V. ][&math: Will the Honourable Minister please state as' to how many of these scbolars were sent to the United Stut.es of America and England: and how many to other countries? ~~----- ~ lor- &oJ. IS ~ ~I ~ ,s yi u+I' ~ ~ ~ 4. : ,)15; t'l'J,.tr:\Jl/,.. ~,;; " ~ ~ W) X ~ i. 1.?5Ul ~"\..~ , ~ "r ...;,.. nl- ~ ~ J..t"l.., ,4,i The Honour&ble Jl&n1ana Abul Kalam Asad: I havil already stated that you will find all these detuils in the statement; whi('.h has been placed on bhe table of the House. , Mr. 'l'ajamJll Jlua&iD: Will Government be ple&8ed t.o state how mucb JDODey Govemment, bave spent on theil' education 80 far? 1118 COH5TTTr:KST A88bJJIY 0, THDIA (UGH.LAn".) [3RD DEc. i941
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- A lJ ~~) X JW L ~ ~ ~~L. " )~ &he ft-IIoDovable JlaulaDa Ailul K&lam. .lad: You will find the details in 8teternent that has been placed on the table of the House. .__ Mr. Talamul 1l1lllJ.D·.' W'IJI C' J(Jvernlill:lJt ,ue pleased to "tate how mally 80 .... are unemployed? •
Mr. Speaker: Thai hilS already be!: I I answered. 111. Tajamul IlUIaID: Will OoverruJlent he pleased to state the number of Se/u,duJed Cmlt{!!1 tlust Were IIPflt ahronr/ for edu(.atioll?
'. Jt4 ~,; JJ L ~I : ~' ; rW",I UJ,... L.J.+i,;T 'l"he JlODoUrabJe 1IaulaDa Aba! Jtalam Asad: A t) ~ i" required for this . . Shrt S. lfagappa: Iii \ '·W (,f tIlt' f,,(·! that ~ " ' .. llId,·lIt .. to fOf('i!!ll l'oun- triea t~ hlOrt' to the IItlldenta us well fiS to the Government, wiII Govern- !"umi conllid('r ill(> U('lIinlhility of ~t t slJell specilliised subjects in India iteell rmd lIee thut HlOt(l t tuining ill gi "en to Illore people it : ~ ~ ~~ ' ~ ~ ~ CRT #f.':tnift ~ ~ f. 'ftr,i. .. ~~ amtT t Toi. Provincial ba.'!is ~ iran ~ t ~ All India. baaia 'R ~ :mm t I IIIrI KlIdr LI1 ~ Will the HOllouraule Member please state whether thOlic who urt' I\t'llt nbro8{t are IWllt t'ittwr on PrO\'inciaJ or All lndia a ..I.?
JJ L ~,., ~'" ,s ~~ iIt!' ~t\ _,~ f41-,q. : t)'jT ~I liJ,... j.w,;1 J,.u.. L,s ~ t)~ ~ ~.. ~ ,q.', r....SJ A ~ ,-J ," " A ..~ ~ ~ ~".,. ~., J.. ~,,t ~,' ~', ,,...," A ...;~ ~ ~" -A~, '-~ ~ ~,. A ~ Selection rs;I L)6A .tt.:.. ftt Jlonovable JlaalaDa Abal KaIam ADd: The scbel1lc for sending the aahnlnrll for tnlininll "broad flll1. under two t~ , ,·jz., one whcre the ..ledion ill ntadEl by t,he GovE'rnmt'nt of India it·self and tilt' scholars are sent by the Central Government: nnd the othcr where the sehollU'Ships are granted 60 t.h«! Pm\'ineial s('hollu's whose flelection i" 111110 made by the Government of India. IDl'l E. "'''lDam: May I know, Sir. if there is any record being kept of UIe perfonnanoo ll{ tht-fle st.udent. both ahroad during training and . t~ their ..tunl to I ndin ? . .! .j'tS, S,t't) ',H "-! u,t-J.. £J.W.. v'.A : t)/jf ,.Wtfl l,.,,... j.w,;f
ft. I~ Kaul&ll& Abul Italam Asad: Yes. 'l'he Ministry . ~ bepa a f\lll 1't"t'Ord in t ~ ~~(' t . ~ fl' .... W4CW.CW : ~ ftt'l1'..rt ~ ( (",~ w.;f ~ 11ft( w ~ t t { t ~ ~~ t? PIOI 81dbbNl Lal Sakleu: What is the present number of our stlldentl " ~ t ~ nbl'\'lld "'ho htlVE' bet'n !lellt on Govemment expensE'?
-Ja"t-'-"'*',; ~ J:-! : t)',T ~t ' liJ,... Jw";; ft.. aoaoU1'able JlalllaDa Aba! Jt&1&m AIa4: A notice ~ ~ be tN!uired tor thill. STARRED Ql'E:>TIOSS AXD A~ ; E IU9 ~ t t~ ~ ~~ ' I ~ ~( ~ ~~~ ~ ~ ~ ~ t ? Dr. It. S. DeaIlmukh: What is the llumber of students expected to he sent &broad during the ensuing year?
)ti)'t-I 11,,,1 ~ J,-)~ u4,'4.S ," ..;t.-.'\.4 ~, : ill,i ~ ~I l;»,.. j.h!,.:f . -~~), The Jlonourable Xaulana Abul Xalam ~ Two Committees have heeD lonned in this connect.ion and they are considtring over this. m ~ ~ ;;p;rr m ~~ C1i1: ~ t feli ~ ~ aQlifT ~ ~ :> ~ l ~ ~ { ~ ~~ ~ "~~ ~ ~ reserve t ? Shri ltaj Krishna Bose: \Vill the Honourable Minister please st.a.te the nwnber of seats reserved for the Depressed Classes out of the total Stl. provided for these students.
Qualified ~ -~ ~ '-~ ..;,s , ~ : .,,;i ~ I,. lil1,.. j+t,.;f -~ ~ .,40) '--4RJb, ~ ,:; L,)1!I.t.. 41» The Honourable Kaulaua Abu! X&lam Azad: There is nuiJe amongst them. If qualified students are ava.ilable, the) are granted schola.rships. IMPOBT OF I<'OBEIGN EXPEBTS FOB TBAINING OF STUDENTS IN INDIA M1. ·Setb Govinddas: Will tIle HOllouruhle Mini"ter of Education be ~ .; to stH te : (a) wht't.Iwr (;O\t'r1lll1l'nt HI",' aware of tIlt-' gl'o"illg npI'ositioll for Rending st.utl('lItl' to fort:':gll e0I111tries for :l(1ntll('t'ti stud:es; allo
(h) w/wthl'l' (;(j\"t'rtIJIII'nt pl"OpO"t' to ('fHlSir1lll' tlip opiniolls expressed by IIlan.," "XPE'l'ts to gt·' '( "t~ fmlll fon'ign I'ollntries for giving training to nnr "tIl<1('l1ts in India?
U'" .:...l,..L .},s L ~t(~ ~; (UiI) : .,)I3i ~ ,. ' ' '~ . ~ "growing opposition to ~.; ",( ~ ~ I.l ~ ~ -~ ~ I:!ILt d r-J the sending of students to foreign countries for advanced studies" I... , ~, L )4. ).l.l..... )~,.. 4$ -~ J") ,s ",~ ~ ~ ~~ -A~)'" .,),~,.. .:' L~ &S ~ 'l defect ~ -~ fA-~ J.;; ~ u-~ ~ ~ d
~ ~Lt ),1 J4. l.!il I;)...... il ~ d II"", institutions ),1 training centres institutions ),' training centres 1;)1 ",u x u~ &S ~ ) '~ .J.1tJ.,. expert! t:J ...... ,) ,j' X ~ ~Lt ,s t....u... w,..., ~, ... I -~ ,s ;~ .i.
u~ ,t,) J. ~~ » 1. .bJ ~"') ) ,~ u,:;Lt ,j' 1:1' . ~ 1.1» ~ ~.,) "Dr. B. C. Roy's (} mmittee" - ~ ~ ~\,; ~ ~ ),a... L )4. ).M-,; ,. ... ;1 £1. -"Scientific Manpower Enquiry Committee" , ~)~, interim J-tl J. u~ ~, J -~, ,,. x .~ ~ ~' " "r ~ ~~ -~ ,';}i; L ~~ " ,,' . ~ ~~ U"lt L ... ..-~ ..J ~, ~I ~ A " ..s-.Jlt .~ ~I ~ '-)~ 1. .t.~ ~ u';Ub, L ,It -~, '), ~, -t;~ ~ ~ ~ ~ ~ Jfr (y) 1120 CONSTITUDT ASSEMBLY ~ INOLA (LBGlSLATlva) [81m .QM. 194'7. The BODOUrabl. llaulaDa Dol Xalam ADd: (a) Government is not aware ~ any "gTowing opposition to the sending of ;;tudents to foreign countries for advanced studies", but Government feels that the existing Overseas Scholar- .billS Scheme is defective in certain respects. The basic defect is that instead of paying proper attention to our existing institutions, training centres and the n600lJ8ity of inviting expertl; from abroad, attention is only paid to sending .Wdente abroad for training. It WIUI in order to put this and other defects right. thllt Cioverurnent lIet UI' two Committees, namely, Dr. B. C. Roy's Committee and the Scientific Mnnpower Enquiry Committee to consider afresh tiw ')I(~ qU6Ktion of OVPTflel1l'l ScholItTllhip<;. Both these Committees have .ubmitted their interim reports and the Government is considering them. Govemment hopes, very ahortly, to announce its future policy as regards Over- Hal 8chol8l'llhipl. (b) Does not arise. ~ t~"I~ 'fqr "''1;fi;Q f¥'.:tE< ~ q IH.ijllijil Iii ~ &W ~" ~ t"'~ ~~", ~~~""' ~ ~ ~ f15 fiId ~ h t ~ ~ ~ ~ ~",' ' t • ~ .., .. ~. t ~ ~. t t(~~~ t~ ~t ~.~t~~ ~ ~ t~~ tt~~~.~~ ~ hU1 Go9tDd4I1: Will the Honourable Minister please state whpther these Committees whioh had been Ret up were Il8ked that they should prepare a list of luch Iu (~tA (or which it WIlR not. c(Jnsiderecl necessary to send our students abroad and training in I"Illlpect of thoS(· could hl' given here? And what is the nmber of Rubj('ctll for which we hl",t· still to !ll'nd our students abroad for biDing? ,.u. X'" ~, ~ reference ,,' terms ...,tJ1£i : ;') -~t ' C.,,... ~,.; -u" . ~ ,Jtl u~, i. )~ )""'- A.! L.1q. ~ .,s 'I'll. BCID01II'&ble llaallDa Abal Italam .&sid: This is explicitly mentioned in tho term. and references of students who are granted Overseas Scholarships. 8Iart. S .....ppa: May I know who are the members of thelle two Oommi'teei '! P L w-f . ..,.. ~ rli ~, '-'"'4 ,,~ ":wr! : tlfii-;-UJ,iliJ,... ~,.; f ..l_ • • - c--:- r,J*",J 'I'll. BoIlourabie llaulaDa Ab1ll J[alam ADd: At present I t ~ not got Uaeir ntun(ls. I would fe'Illire a notice for this. 8Iart. I. _apppa: May I know ~ t at. If.'ut these Committees are re- l'lea(ltlt,nti\'(, in I.'hofR<'t.pr from all poanta of vIew? ~ ~ vJ ~, J. ;,~ ,s ~ ~ c,s. LJ'" : tl',i r!"tf' 1;',... Jw";; ~ ~ ~ ..r.- . ~ ~ it ~ i. UJ... ~ IS - .! ~ t.S, Jl,,:i.. - ~ ""';,... ~ ~, -, ,.",. ~~ ..?IJ ~t . !'lie Boaoan.ble JlaulaDa Abal Kalam ADd: While setting lip such Com- mith."ell., thill i!\ kt'pt in \"it"w that, the56 Committees It tut~ of such ~ .a.o art! fit for tht) pllrpoee with which these are fonned. aov.anaNT Sctroua.'llltl"S TO STVDEn'S p.,x AP1UC.6. A.5D OTll1lB u~ MI. -Prof. K. G. ltUlp: Will tlw Honollrnblp ~t of . u~ be plfllu,.. d to "hUt': STARRED QtJESTIONg AXn ANSWERS 1121
(a) whether (iOH;l'lIllil'llt h"n' :1C!I't'eo to (lfl't'l' ~ ' I to Afr'can stu- dents in order to deyplop eultuml C'ontaeb.; with AfriclllI Youths and intelli- gent.:ia flT10 if so, I,ow III fI 11\' such student.s l1Uye so far been invitE,J ana fro111 what. count-ric;; ;ll1d h{)\\" III'all\" ha\"(' netualh' C(llllf' :m<1 in which Fn'versities they are placed and for what' f:UbjPctR; . (b) whether allY speeilll f:\t·ps are being t.;lkt'll to Illllkt' them feel quite at borne ill the Indian socinl t'nvirmlllH'nt and to bring t.hem into toueh ",'th our social and cultural heritage and Indinn cultural lenders: (c) what allowallC'('s ~ boarding and lodging. books' ano gillnes lire being paid tQ them; and (d) whether it. is 11I'ol,,;seo to in('!"t'llse the grant for the RHnie purpose for the next, year 1
~~ ,S =l1.W cultural -t' ~ ~ I.:--..~ : j)'3i rWtt' liY,.. J+!,;i. ~,;t ~)tt ~~, 0 Jl-,-",,' LJIY" ~'- L ~. ),- I..Sltt,JJ L ~ 1. w:.It- cJ ,s 4.tJ. 0 I:ft" -~ .J.j) J:J i. .J.,s J.ob. ,..,w ~ ~L ...,~ ,s 41J., i. .J$ ~, ~ t ,,..v do.. ~... v .... ~ ...,, , ., ltJ ~ t."S select .JJ J.. ~ I , ~' ) ,ti' ..,... u,."t...,t6-:"'.:ft ,,' -~ .J.l '11 ~ w:.It.- L ~ ,,' rli ,l 41J., ~, -~.t. ~~ S 1. Mr. Stanley S. Sesanga, Uganda, studying for Graduate course a!; St. Stephen's College, Delhi. 2. Mr. B. F. F. Oluande, Uganda, litudying £01' GraullHtc course at Aligarh University. S. Mr. E. A. Seroney, Kenya, studying for Graduate course at Allahabad University. " .' 4. Mr. E. Geoffrey Mwalenga, Kenya, Rtud,ving for Illtermediate course at Benares Hindu Uni"flrsity. 5. Mr. J. M. Sentongo, Uganda, stugying for B.Sc. Engineering at the Roorkee Engineering College.
u,~ )' ~ '4 ,,' -'~ ~, ~ ",tfL.,. i. ~~ ~ ~L.)t~'" 41J., .t.! ( y) j L"t,q. j.6.,o ..,1-i. 41J., d1J ... ,,w, ~, ~, -~ ~ Supervision i. ,-"".i+e 1. doW.. ~ ~~ J,.:,JS "t J.'r d . '--'J.. ,,' -~ LtL..w,.. ~ ~ -~ 1.."J .J ~ 41J., 5, ~ A. ,~ 1. u~', ",
-II! l.to) ,s r-~u. ~t ,..~, UtJ ~ ~') ,.-,0) ~ ~ I.:--...~ ( c: ) =lq.J,.ci.' i. Passage -It!lq. l.to) LJf'I ~ Ca.pitation ~ ",~..., T 5,lt& i ,-",,' -A,s ~'~ . ),~ ~
-~ ~ )~ li,s uut Jt-.IJ ...j ~ ~ ')~ ,-",,' ( 0) ) The BOIlOurable llaulana Ab1ll Kalam And: (a) The Government of India, as part of their schemes for the development of Cultural Relations with foreign countries, have offered thili year five scholarships to East African student!; for awdiea in India. The five students who were selected for the scholarships arrived in India in the beginning of September, 1947. The names of these acholars, the countries from which thev came and the Universities in which they are placed ~ ~ t below: • 1. 11r. !:;tun:t>.v H. R .. lianga, Ugallda, studying lor (}r;vluate u ~ afi t5t. t5tephen' s Collpge. Delhi. :d. Mr. B. F. F. OIuande, Uganda, studying for Graduate er.·\lrEe at Aligarh UIIIVHsity. 8. Mr. E. A. !'prolJPY, Kenya, studying for Grllduate COUfile at A1JahahllCl Univt'l"sity. 1122 CON8TlTUaJfT AS8.1OLl' OJ' INDIA (LJIOJ8LATIVa) [8BD P.O. 1947 4. ~I . E. Cieoffrey )Iwalenga, Kenya, studying for I t~ ( t course at Hellares Hindu University. 5. Mr ..J. ~ . ~ t (). Uglluda, studying for B.Sc. Ellgint.'ering at the Hoorkt'e .f:ngi lIt.'ering College. (b) The Iltudents are 8taying iu the University or College hostels and are under the ~ lIupervision of the Heads of. the Institutions. They have thul! plcllty of (,pportunities (f intimate contacts with Indian students of these UniversitietJ and are able to participate in the social and cultural life of the Universitiea and through them of the country. kl 'rhe (joventllJenj, of India have granted an ttlI·itwlusive stipend of • lis. 200 p.m. to each of the students and, in addition, capitation fees will be PQid where I~ I . .~ expenses have to be borne by the students t.bemselve•. (d) No t~ ill the grant. is contmllplated at present. ~ . tt.,~ I' 'RT ¥fl..,;ftq ~~ .a q ~ t f16 'taft 'IcMl .. ~ "flU ~); t -~ , ~ , ~ ..'" ~ t t~ it ~ ~ '1fft t "ti CR t;~ 16 fqttff ~ " ..m: ~ frR it ~ 4'Q;\ile ~ 1ffil- CR ~ ~ f15 ~ W1fi. East Afries. V ~ t _.. ~ ~ ~ ~ tAJfri tqj 16 ~ ..l W~ IIR I h1.h CJoriD44u: 18 the Honourable ~ II wnre of t,he fact that there ;. IlO COIII·gIl in nil the fOllr eolonies of F.ast Africa t·i,., Kenya. Uganda, Tanganiyakn and Zanv.ihar where the Indian 8tudents ma." get training? And in .uab drcumRtnnOOB. will the Ooverlllllollt kindly consider over the possibility of gmnt.ill$1 "omt' morl' sl'!lOlan;hipli to tht> RtutlentR ~ far nil F.1lI;t Africa is cODcerllt'd '(
-~, ~ X uJ )'~ ~" .,,;i rW'tf' UJ,... ~ '!'he KODOlU'&bl. llaulaDa Abal bam AAd: The Government. will surely consider over thill. Plot.•• G. Jtup: }clay I know. Sir. who seloots the Univcrsititl8 in which u..... tudents hav... to be educated, and why is it that one of tbem has been lent to a University which ha8 made it its sjltlciaJ cult to pl"t'ach communalism in ,biB oollntry?
,.. ,s 4l» ~ tI! r1- ,s t..S~ loS ~ ...,'T+- : ,,';i rWftf' t.iJ,.. j+.t,;T u,. ..j ~ V-a. yf-\ti ~ J.. t..S~ Ext.enls.) Affairs ~ ~,.; 1. ~ S - A ~ ~ .;,s ~ ... 1. t..S,l-J..e ~ i. uJ - .! ltS ,)1.:.1 J.. ,..- l;- ft. Boaoarable Ka.u',n, AIMIl J[aIam AAd: So fu as the Ministry are aware 01, tJU)EIt;, tu ~ were st'le..oted lJy the Ministry of External Aftaira by mean. of oorroapondenc('. There is nothing before the Ministry' which relst-ee ta \be matk-r "'erred to now by the Honourable Member. ~S I" .... iN ...... : • ~ ~ i fi5 ~ .'6\...... students. ~... l"" it scholarship V ..~ ... ~ 1m t ~,,~ students ... ~~ ... t ~ 8lu1 IIDlIr Lal O"'UClpedlaJ&Ja: I would like to know whether there exis. ~' :Irrnngt'lmm" i,>r ollr !\tudenta or not just as scholarships baye been proyided for the shldt·nt. from East Africa ill O:Jr country. STARRRI' E T ~ AND ANSWERS 1123
-.! L,~ '-6S' ~ rlJujl ~ X baBiS IJMI : .)1;; I I~I U,,,. , ~; The HOI1Ourable Jlaulana Abul Xalam Asad: This arrangement is not made em this basis. Prof .•• G. Kanp: Is it not II. fact that in those areas from which these friends have come to our country as scholars there arfl no Universities? . -.! ~ L...!I ~~ .)1;; ~,"~ UJ". j.+I!";; The Honourable )(aulaD. Abul ltal&m bad: ~ . this ig go. Prof. If. G. Ranga: I am sorry I could not foNow the answer given to part (b) of the question. Will the Honourable Mini;;t-er he pleased to Btnte whether it is proposed to incl'eaM the grant in the next YPlU' fino' al!'-o inerease the number of studppt5l? -.-.. _------. .! ~ ~ =",..0..) IJMI ~)~ : .)I,i I~' U'". J+t!;o.:; The Honourable JIIIaulana Abul Xalam Alad: The GOVPl'll111ent do not feel its necessity. ~ -ito ~ ~ ' ~ if ~ ~ ~ Peti ~ ~ decision ~ ~ ~ ~ ?:It;mr Legislative Assembly ~ ~ ~ ~ Dr. P. S. Deshmukh: May T know 'when thi!ol decision was ~ at and whether t.hiR mntter WB!'; brought up hE'forp th" Legislat,ive Assembly? Jlt'" ~ cr1=' IJMI • ~ ~ I~t IT. : -';-I3r t. I~ U'r . I ~ ,)~ X L!ll u,.t...M .tJ.lAx... ),1 ~ .If ~ ~'- 1. Legislative Assembly -~ d,s )~ IJ"l The Honourable K&ulana Abul XaIam And: This is rIOt tilt' l'ulf'. S11(1h qut'stiona nrc not hrought hdore thE' Lp,crislat.ivf' A~ and the· Ministry conc('rned it.RE'1f C'ol1siders over these. .., . ~~ ~ ~ if ~.~ (~~~~~ ; ~~~ ~~ .JTf ~~ ~ t . Dr. P. S. Deahmukh: I am ·ell'll1iring what is Lhe amount pl'ovided for the ne%t year in thiR respect? -.t.~ ~,; » 1. IJMI : 0.)1,; I I~' liV". ~,;T The Honourable Xaulana Abul Xalam Azad: J would reqllir(' a notice for ihlS, External Affair,; ~ J..'I .rJ.,.1.o... IT. : ,XJ JJI ~,~ I. ~ J+.!";; L.....i.'tJ!" ~ ' s.S -1JM4 1. u~ Education d J-)lJ.J. J. u~I -t..,; Is' u~ J.) L.....i.'tJ!" ,s 41J.. 1. d,!,JI "I ~, I I.!.-,!I ~ 6..l "I -~~ ;'0.) ,s ~ 1. )"I~
X uu., ~~ L,)6.t. 2!- ~ ~ i.. 41J.. .:...,)W:. X ulll, rU!a,;,...?' ~, ~ 1. ....",c,., i.. ~, I -~ ~ u.~.. ;. ~I ~ ~ ~ ~ ,,' L)" ~ ~ u,.» u, ...... ~ -15 .~ ~,...I "f y,,-! I+i £A,!).l u" ~I. i ell w;.; yl-.,:;t..... ~~ ..,!I, ~, ' IS ~ .....t.,lA.:. 6..l ~ uwf,.; ~ ~ Is' ~ ~I) .-. £TI) uu.,
"I ~ d ~ S, b:i. x uJ ~ . 1. J&;t ~ ell:!-,.lJ.ig ., IS ~ .JJ 1. ~ ~ , ~ ~ u,..'l-L-Education 1 u':;'-;'" Ext;ernal Affairs • J$ ~, 41» 1. uu., L.....i.'tJ!" ~ ", '~ do.! IT. ~ uW1 • ~ J-,lJ.J. The HOIlOW'able Pandit JawaharlaI :Nehru: In fact this matter related to the Ministry of External Affairs. They recommended to the Ministry of Edu- eation that such scholarships Rhould be awarded to tu t~ fr<>m ahroad. 112" COJfSTITUBN'J AS8BKBLY OF ISDlA (LEGISLATIVE) [SaD DBc. 1947 Arrangement. similar to those under which these scholarships have been granted to studeuts from East Africa and Africa cannot be made for our students there, because there are no Colleges or Universities. We-want to develop our relation. with thtJ people of Africa. Uptil now there was only one course for *hem and tbat was ~ to Europe and Americs. When our O>mmission under the Leadtll'llhil' of Haju Maharaj Singh went there, t.hey recommended that the people in Africa desire that they should (~ over to India for studies. On this corrclipondence was exchanged and the External Affairs Ministry re- commended to the Ministry o£. Educution f()r the grant of few scholnrshivs. They accepted their Tflcommendation and these scholarships were granter} to the atudent. from that courJtry. Plot ••• G. BIDp: Sir. in view of the flWt that this grant has been univer- aally bailed by all the leaden of the East AfriClan Assoeiations and Organisa- tiona, will Government consider the advisability of increasing the number of IObolan who will be welcome to come over to thil'l country u ~ the llext year? Kr. Speaker: That has been already answtlred. PIoI ••. G. BaDea: But. Sir, in view of the fact that it was reallv initiated by the External Affain Department as n matter of improvement of cultural relatlona, I would like to makA the ,>uggsstion to the Honourable Prime Mlnlater bim.elf. Mr. 8,.u.r: Then. the Honourable Member must put further Bupplemen- teriea by pufMng a separate quetltion to the Honourahle the Prime Mini8ter. SoRDtTLIID CA8'l'E RcROL4RS SENT ABROAD Na. -Prof. If. G. BaD,a: Will the Honourahl(· Minister of Educatioll be plc""cl1 to .tatE-:
en) wlwt,ht'r Dr. AIIIIlt'dkMr'" !oIdl!'llI!> of d"\'ntillg Hs. ~ IRkhs per annum for .(llIdin,:: M('ht-dulf'fl t' I~ t' ~(" ()III t~) nth.·" l'ollOtril'!'I fnr /uh':orwed !!tfldiell is .till hl'ing punlUed;
(h) if IiO, how 1111111.'- !whulnr!! 1111\"1' sn for Ilt't'll SPilt. out R'nee t.he Rcheme Willi given ('''e('t to ..\"f-nr ~' yt'nr. Mild to whllt ('OUlllr't>s; !lnd (0) whl!'tht'r fin Afh-i .. ,,~ ('.oun<,n or all" fldvillf'MI h8\"(' h('('n appointed anew .fter the lM,h Aflllullt. 19.47 Rnd if 1m. whl) lirE' t.hl' I\ '~ I~ ----~ dJt.... ~) tfI ~.L ~ ~ ... ~ ~ ~" " (~ ) :tlJi I" ~ UJ,.. J+,i,;f ~ ~, '''''''-1''6 ,s l.,lJ. Scheduled castes P 1. J- tt'~ "... .~, J) L .L,s ~ ,...w ,.~ ~ u)u...,oWl »' J-I-,,w; ~ -~ tA),., o)..ef,o) ~ ..Jff yf K ~ -J:S ,,sw... ~' ~ X 1. .L,s ~ ,...w oJ" ~ 1:Ju...,.w. ~,... t~ f ,,,,-r'V ,s l.,lJ. Scheduled cutes ~ . ~ ."... .~ ~ J} ~ ~ ..I' ~ GeneraloverseM scholarships scheme -~~ ~ 1. ~ u.f ... t~ rr 1. ,\t. ~ ~ ""0 -,.., (y) UJ ,,f f.5+\6S .; ,0) , U.K.,s ~ t, ~ u'" 1:Jl-~ J,. ,,sw... -f.tJ ltS t~ U.S.A. ,s Scheduled Castes .L ~ ~ .~ ~ "r'f"'''''o do- (r;) Scheduled caate ,s ...co .. ~ ., cS\J t..s ),.Le Scbolal'8hip Board v+- ~",.. ",,'-IwI ~ "i -,0)."..... ~.Lt.,. ~ ~.; 4U- -~ "i ,J,.-i.vJ -fta ,,... ')4,0) STARRED QUESTTO!ilS AND ANSWIIl&S 1125 1. Sir Maurice Gwyer. 2. Educational Adviser to the Government of lndia. 3. A representative of the Ministry of ~ . 4. The Honourable Rameshwar Agnibhoj. 5. Minist€r for Agriculture, C. P. &; Bemr. 6. :\fr. Ramananda Das, Calcutta. The Honourable lIaulana Abu! Xalam Azad: (a) In 1944, the Govt. of India. sanctioned a grant of Rs. 3 lakhs per annum for a period of 5 years with effec' from 1944-45 for scholarships to scheduled caste students for studies in India and abroad. The scheme is still being pursued but since 1946-47 it is confined to scholarships to studies in India. Overseas ScholarsIiips to scheduled caste students are, however, awarded to them under the General Overseas Scholar- ships Scheme of the Government of India. (b) 22 Overseas Scholarships were sanctioned under the scheme during the year 1945-46. Of these 19 scholars were sent to the United Kingdom, 2 to Canada and 1 to tbe United States of America. (c) The Scheduled Caste Scholarship Board appointed in 1944-45 to advise the Government of India for the award of these scholarships was reconstituted in April, 194'i'. The Board now consists of (1) Sir Maurice Gwyer, Chairman, (2) Educational Adviser to the Govt. of India, (3) A representative of th"l Ministry of Finance, (4) The Honourable Rameshwar Agnibhoj, (5) Minister for Agricul- ture, C.P. & Berar, (6) Mr. RamanRnda Das, Calcutta. SbrJ. S. Nagappa: Sir, is there any likelihood of these Rs. 4 lakhs being increased?
)1..\3 }J 1. . ., )~ X .J.tA.y. ,s VVJ U-A....Il ~ ... ,.cA : .31j; rWr.J \.ill,... ~,.;; r,.- ~ I..l ~ VV~~, ,,' - ~ ~) ~ ~ VV~ )~ ~ ~ ~,...' d+' A - ~ lAS )~ X VV' .l.A.! .f vv' ,,' The Honourable llau!ana Abu! Xalam Mad: The Government are 'llways prepared to consider over its increase. But at present this scheme is in foroe for the last four years, and it will be over within a year. After this the matter will be considered. Sbri S. Nagappa: Have Government been giving due representation to all provinces from which there are no members on the selection committee? ,s ~I ~ 0 - ~ u ~"'; ~ ~.. VVI : ~';T rJl>.ily.I lj,,... J+;!,;i - u"- ,; 4 u"- ,...... ~ utA., ~ ~ II'~ . ~ LoS,) ~ )'. The Honourable lIaulana Abu! Xalam Azad: Endeavours are always made that every Provinoo should be given representation irrespective of the facll whether there are members on the Committee or not. . 'Jfto (1'ilf)QU ~ ~ ~ ~ am ~ t 1: ~ ~ (f({ 'fiT ~ ijlfun Schooled Castes i6 ~ t ~ ' ~"I it ~ ~ fijriJ ~' ~ t ~ Vi provision ~ ;pn t ? Sbr1 B.al XriIbDa BOlle: Will the Honourable Minister please state whether any provision for such facilities similar to those granted t.o the Scheduled Castes has been made during this .vear for tile AdibasiY8s aR well '! 1126 COJiITITl'D'T ASSalf.LY 0 .. INDIA (LEGISLATIVE) [31lD .DBC. 1947 - ~ V6t: ~tt- ~., ...; C,M J"I ~ : 0)1,' ,W'tt' li',.. j+l..,ij fte II.GDoala.ble Maal&na Abul Kalam .laid: There are no special faeilitiee Jib lllia. 'Jfto ft .... ",,, ".w .." ~ ~ ~ • it ~ ~ flV; t ? Slut IblbbIa LIl laJrIeDa: How 1118ny student!; lIM'e gone out for studiea uncler thia echeme?
~ ) ~~ .,s 41» r r .s t..elI.t ,s yJ J.. ~ ..stll : 0)1;' ,Wltt' t.;.,.. J+!,;j u. 8. A. UJ ,,1 I~ ," U. K. " ~ ~ ,d 4.S , ~ ~ '!'be BCID01Irabie Kan',na Aba} Kal&m And: I have just now stated that lrl ItudenbJ have bf'61l granted scholarships and sent abroad. Out of these 19 bu\'(! huen .(lut to U. K .. two to (;11II&lla ""If I 0111.' UJ r.S.A. IIarl I. B.,a.ppa: Have the .ludenta sent ill the first batch returned? If 10, what art! they doing? _.------~.---- - .t. ~ ~,; JJ ~ : .,'ji ,.Wlttl UJ,.. Jw,;; 'fbi JIoDoarable Maul&Da Aba! Jtalam And: I would like tQ hllve Il Jlf)tice for ,bi•.
WIL,.t.al bST1Tl1TIOl'f18 ro& Atu.1T48Y A~ ANGLO INDUN IL E~
Mf, -Art V. I, KwUlhwami Pill&l: (It) Will t IIf' lI()tlo\ll"able Minister of Dt'ftm"j' lit.· .,t\ ~t to II ta t..- till' 11111111';4 nC tilt' ill;;! ttltioll8 that srI' /l'tII'd 'for the wI·llnl't' of t1l(\ Milit.ary lind A ( , ~ I eitil(lrt'll in thf' various provinces?
(h) Whl'! lin' th., IlIlIllIlIl!.'" 1)\ WII\ "f ,,"hsioil'J( Hilt! otht'rwilw, gin'll to the mlltitutiollfl? . .
«(') III tht' I,l\wr,'IIi'" )11'lnllri,,\ Hllyu\ :\1ilitllry Ht'ilOOI. Lon·,)a\t' .. NilgiriB, 1JJAint.ninf'd lIndt'r thiR i'll,hemt. ~I Cd) What ill Hit' 11II1lIIIl\ !lid "~ 10 thi" iJl'ltitlltinll Ml1d who hall tht' control ~ the ."nw'! (11) Art" Illdillll I'upilll Hdl1litteo ill tht'lif' ~tt t Ill. hOllrdt'", and day acholara ? !'hi Boaoarable 8arclar .alde.. lap: (a) and (h). I IIlI a statement ou 'h.. tAhlt' of tht\ Hnuflf'.
(c) YOI. (d) The annual grant-in.aid to\\'8rdR t ~ I.awrell('e Metllorial Hoyal Military 80hool i. not fixed and ill dependent on the number of the entitled children dud,ying t.bf\re. During the ~ year 1946-47 (lovemment have .given .. "ant·in-aid RI. 1.57,000, The School ill controlled by a ~ of Trustees. (e) Yee.
Sttl',.. ~", la) T" follo.jell al"t' til. Edll('alklul ""tahliahmf'nla whirh aN" aided by th. ao"emmfll& of ledia ~ I' t.he -'Il of the cbildl"8ll of I"dian Sailc!n, SoIdi.n aDd A ' ~ incl.dilll .- A.,16 hehane : (1\ Priace of Wahl Royal I"dia" Military ('.011•• DRRRA DtflIf. (2) Xmg 0.0..... , Royal hdla" ~{ t ' \ .~, JtTLLUNDtTR. S'URRKn t.!UKSTIO:\S AND A " ~ S
(3) King Gwrge'J Royal Indian MiIit.r.l'y College, AJMER (4) King George \' 1 s Royal Indian MilitarY' College, BELGAUM, (5) King George \Ts ~' Indian Military College, BANGALORE, (6) The Lawrence Royal Military School, SANAWAa, (7) The Lawrence Military School, A ~ (8) The Lawrence Memorial Royal Military School, LOVEI?ALE.
'(b) The following are the t·ontribut.ionl! made hy t.he Govel'1lment of India for the financial year 1947·48:- (1) Print'e of Walea Royal Indian Military College, DEHRA DUN. Ra. 1,87,000. (2) King Ueorge's Royal Indian Military College, ,JULLUNDUR RI. 31,000. (3) King George's Royal Indian Military College, AJMER Rs. 56,000. (4) King George V)'~ &)yal Indian Military t'~ , HELGAUM. R8. 62,000. (5) King George VI's Royal Indian Military College, BAN GALORE. Rs. 59,000. (6) The Lawrence R.); al Military School, SANAWAR. ~. 2,70,000. (7) The Lawrence Military 8chool, MOUNT ABU. RI. 18,000. (8) The Lawrence Memori,,1 Royal Military School, LOVED ALE. Rs. 1,57,000.
EDUCATION OJ' SOHEDULED CAi;lTES
15'5. ·Shri V. I. Jluniahwaml Pillai: (a) Will the Honourable Minister of Educatioll be pleased to state the amounts spent on education of the Scheduled t~ during the years 1945, 1946 and 1947?
(b) How U1UllY studeuts were sent to foreign countries dur'ng the past three ~' and from whiph provinces they were drawn Hnd the subjects in which they were trained? (c) Who art' the IlIelJlhel's of the COIlimittee that selects these students for study abroad?
'1'Ile Honourable Jlaul&n& Abu! Kalam Alad: (a) The amount spent on edu.. cation of t.he Sehedule Castes by the Central Government is as follows:-
1944-45 ~. 47,697 1945·411 RR. 2,28,097 1'46·47 RI!. 5,35,939
(b) 27 13tudents were sent abroad for higher studies in the year 1945 and ~ in the year 1946. No student was sent abroad in the year 1944. Further information required in the question regarding the candidate. is given in the atatement laid on the table of the House. (c) (i) The members of the reconstituted Scheduled Caste Scholarship Board are: (1) Sir Maurice Gwyer, Vice.Chancellor, Delhi University, Delhi, (Chair. man), (2) Educational Adviser to the Government of India, (3) Joint Secretary to the Government of India in the Ministry of Finance, (4) Rai Bahadur N. Siva Raj, (5) Profes80r N. N. Godbole, BenareR Hindu University.
(ii) Members of the reconstituted Selection Board for Government of India OverBe811 Scholarships Scheme. 1947-48 are: (1) Sir B. N. Rau, (Chairman), (2) Sir John Sargent, (8) Sir K. S. Krishnan, (4:) K. B. Mian Abdul Aziz, (5) Mr. Ashfaque Husain, lrducational Adviser to the Government of Iridia (Secre- tary). 11. COJif8TlTODT AS8BXBLY nt' ISDIA (LBGISLATIVE) [SaD DEC. 1M7 ."."."., ,1to!l1iftg ,.,lIUfIIber o/llflTwJuHtl 0GMu ~ IIfJfII to 'oretp _fflriM. ,,..... pf'Ot.'ifttM owl ~ 01 IItIdfI
N.-.e of prOYUac8 To.. l Subjecl of Ktudy with ra.pective Dumber COUDtty to ..rial fromwbiob Dumber of or nudente whioh sent elfln,.a _udeD" .0. ND,abro.d
IN5 1 A....m 1 Teachers 'raining 1 U.K. J Benpl 'I Teachen'raiDing 2 U.K. TeohnoJop . 1 U.K. Engineering . 1 U.K. Vewrinary. . • 1 Canada. Radio Engineering . • . 1 U.K. Industrial & Applied Chemistry. 1 UK. S Bombay 7 Te6l'ht"rll Training 6 U.K. Sooiallltudy 1 U.K' O. P. & Berar , Agrioulture 2 U.K. , Te...,hon training . 1 U.K. Mechanical Engineering 1 U:K. 6 lI&draa 3 Engin(>t'ring 1 Canada. Dom""'io 8cit.D<"tl- 1 U.K. P ..... tll'l1l 1 U.K. e MyltO,., 1 )(eh,orology . 1 U.K. 'I OrboM I AgI'iolllt·ure. . 1 U.K. II Puajab 3 Toa!lben T .... iDing . 2 U.K. EoaineerinR 1 U.S.A. Torn 27
19'6 1 &ental 3 Lequerection of ooal 1 U.K. Eduoation Gf'Dt!nl . 1 U.S.A. O....uc. 1 U.K. • )ladft,a PubUo BealLh EIIU. 1 Oaaada. TOTAl. ,
liuUJ'AC7l'l7BlI 01' AoJUot1LTVJUL M.t.CIIIlfUY
MI. ·8eUl GoYlD4dU: Will the Honouruble ~ t of Defence please .tate wbe.ber Oovenlment. hnp t'xaminoo or propose to examine the possi- bili" of manufaot·uring agricultural and other machinery in the Gun Carriage Jl'at'tory. Jubbulpore? If not, wby not?
ft, JIODo1arabIt 8ardar BaldI. 8lqh: The Gun Carriage Factory. J ubbul- pore, is AlreAdy engaged in dvil production including manufacture of road roDel'l and ~)() ' t. of P)O\lllhs.
8etIl CJonD4clu: II t ~ Honourable Minister aware that there sul1 j@ a IOOd deal of machinery in that factory whicb are not used and may be used lor 'till ~ t. u~ '
ftI BOIWtiJ'able 8udar BaI4et amp: That is kue
...... : Tben wby • not an that being ueed for DWlUfacturing a)1 "' ~' ~ A E() QUESTION .. AND ANSWER!'! 1129 The Honourable Sardar B&ldev Singh: 'fhis factory was under the control of the Joint Defence Council. It has passed to our control from 1st December and steps are being taken to explore the possibilities. PaDdit T.akJbmj ][anta )[aitra: How many road rollers have so far been produced in this Ordnance faotory? The HoDOurable Sardar Baldev Singh: I have not got that information; if the Honourable Member will give me notice J will get it. Pandit I,yabmi ][anta Kaltra: Has the aollual manufacture started or is it in ('ontemplation to start it in the immediate future? The Honourable Sardar Baldev Singh: The manufacture is in hand at present. Shri Shibban Lal S&ksena: Are there any Europeans in charge of this factory? The Honourable Sardar Baidev Singh: I cannot say off-hand, but there are a number of European officers employed in all the Ordnance factories. Seth Govinddas: Will Government see that no more Europeans are employ- ed in this Gun C'.arriage Factory because more experts are available among Indians now? The Honourable Sardar Baldev Singh: Government's policy is to give pre- ference to Indians. If they are not availablj') for certain jobs, then only are foreigners employed. Shri Shibban L&l Saksena: Are Government aware that in many Orduance factories Europeans have been responsible for destroying and smuggling out some of our finest machines for the manufacture of arms? The Honourable Sardar B&ldev Singh: I have heard rumours, and if any specific case is brought to our notice we wiI! investigate it. PantUt Labbmt ][anta Kaitra: May I know if the steam rollers referred to are mainly for use by the Defence Department or are they also intended for civilian use? If so, may I know the plan and programme of Government with rt'gard to the manufacture of such ~ Tbe Honourable Sardar Baldev Singh: The st.eam rollers are not for the use of the Defence Department; they arc meant for civiliim use. Seth Oovindd&s: Is the Honourable Minister aware that recently there have been thefts in the Juhhulpore factory for which the European officers there are largely responsible? The Honourable Sardar Baldev Singh: I have no information. Seth OovtDddaa: Will the Honourable Minister make inquiries into this because it is a serious matfer that occurred in J ubbulpore? The Honourable Sardar Baldev Singh: Some reports were received aboull f.heft. not from the Jubbulpore Ordnance Factory but from the Ordnance Depot, which is an entirely different thing. Shri sures 0haDdra Majumdar: May I know what are the preciAe kinds of work that are being done in the Cossipore Gun and Shdll Factory and Jshapore Rifle Factory in Bengal at present? ~ The Honourable Sardar B&ldev Singh: I cannot answer without notice. RR"IBABOII IY INDIA'S HISTORY, POLITICAL THOUGHT AND PmLoSOP.RY 547. ·Seth Govinddaa: Will the Honourable Minister of Education please state: (a) whether Government have any scheme to prf)mote and aid research lDdian History, Indian Political thought and Indian Philosophy; and I. 1130 COIfITITVD'T U ....LY OF UrDU (L&GllLATlVB) [3RI> Psc: 1t4:' (b) if no', whether Government propose to consider the adv:sability of appointing committeea of experts to go into the question of research in these lubject.. and to make recomrnendationR to Government?
..,... t ,,... t .&l,.. .) ~ ~)"- ) ~ ,,:...... &:1'!.iJ' <,> : ,)J;l rW "" liJ,.. ~ ,s research I.J';'-' J . t-,~ dli t! t..,c t.s reorganise ~ i '~ uJ ~..;, ~ ,~" research ..rt'..s-S ~.), Uf ~". -c.'1.::t. ~ t..y. -,. j,; .) Indian philosophy ,,1 Indian Political Thought IS ~ ~ ~ ~ u-' Q,q. u'-t,s ,,; '''~ X ~ ~ " Jb.H'l -LJt'I .-:.;) ..,.w " IS ~ ~ -~,. ~ Research Institutes »)1 ~),.;~ L l:Jf ~ ~, ~ ~ ~ ~ 1.. yI,q. ~ "4,-",, wJb. ~ (y) -~, ~)~.)~u-S~~~~ fte BOIlOurablt JlaPl'na Ab1Il KaIam ADd: (a) The Indian Historic-al BeoordJ CUmmalion haa been reorganised in 1941 with 8 view to stimulating aDd promoting research in indian History. 'rhe Govermnent of India are no. t .t ~ any scheme which will promote researoh in Indian Political Though. and Indian PhilCHlOJ>hy. They will, however. consider sympathetically any lCheme of rellearch on the lubject& 8ubmitted to them through Indian Univer- .itiel and Retearch Inlt,it,utes with ""hich they are concerned. (b) In the ciroumatauoe8 stated above. Government do not propose to appoint any committee in lbia connection at tbia stage.
1Uoo!f ....ITtfTlON OJ' CoaUIlTTB. OJ( bDIGlUfOUS SYSTBJ( OP MaDIOlJIB .,_u.:MI. ·8IUa ·GcmDdclll: Will the Honourable M.inister of Health pleaae
(II) whuLher OUVtll'nment propose tQ reconstitutti the commit.tee 011 Iudi- ttN10UI "yatema lit Medicine in view of the fact that there is only one vaidya and leven \ Iu t ~ (ill('totl\ Oil I hI' ('.{)lIIl1liUt·t! awl t hilt some of the members are now nntional. uf Pakistun; (b) whethN (fovernullmt now prol'08e to "I'point 011 I.he new ('omndtee a t ~ lIumber (If vaidydl and Iloki.. , 8S the work of the committee relates kl the J ndian .,stems of medicine;
(t·) whl'tht'r ~ AII-Jndia Ayur\'t->e:lic COllgrt'ss. the representat.ive organia- _'io" of tho rnidya. of t.he I'Ollntry, Wal consulted at any It.age before the _rpointnlt!ul of memben of the C.ommitt.ee;
(d) whct.\lt!r .. htl Proviud.1 GoVt'MlIllcnt.s w(Jre ud\'ised to consult the pro- \·ineia' branoh". of t.he All·IIllIiI\ A~'u t' Congress, hf.fore suggesting to the OovN'runent, of India, ORmes of t'aidydl to be appoinW as members of the Conullit,t..-.. : Rllll (e) wheth(·r (;\lvernuU'llt pfOJ'fl8t' to haw rt>prest'ntatives of the Central )~ . tt on thil Committee? ftt a.oarablt tapmmart AmItt Ka1lr: and (b). 'fhe att.entioD of tbit lIonourable Member ia invited to the reply given to claute (b) of ::\tarrl'd Ques- tion No. 74 by Dr. V. S\ ~ on the 19th November 1947.
(0) The .~t of the Honourable Member is invited to the reply giveR to c1t.uae (0) of Starrt-d Qut't'tion No. 85 by Shri R. V. Dhuleltar on the 19th NO?elDber 1"'1. ST."RRMO qO.S'I'lONS ."NO ."!fSW"RS 1131
(d) No. It ~ ~ to the discretion of Provincial Governments.
(e) No. Se\h GoviDddal: Is the Honourable Minister aware that in the matter of representation of VaitU there is country-wide dissatisfaction' at the appoibtments ~ t have been made? Will the Honourable Minister reconsider this question and allow this Committee to coopt certain Vailis who art\ accrt\dited represen- tatives of various Ayurvedic institutions?
The lloDOUl'&bI.e Rajkomari Amrit Kaur: There have beeu represt\utatiolls to GO\'CMllllent t.hat the Vaids that were put on this Committee were not repre- 8entative. As a matter of fact the provincial Governments were asked to lIomillate the raidlJ that were to serve on t·he Committee, and t.hey bad full discretion in doing so; and they maintained that they were representative. In addition the Committee was nsked whenever it went to the provinces to coopt l'aidlJ. This hus been done and evidence has been taken from these Vaids.
Seth GoviDddaa: The question of their representation when the Committee goes to t.he provinces is different. My questior. is this: In the present cir- cumstances will the Honourable Minister consider the question of coopting some more Vaids on the Committee itself?
The Honourable B.&jkumari Amrit Iaur: Governmt\nt cannot do t ~t becauee the report iR l)nlCtically ready and will be in ollr hands very soon.
lIr. Tajamul H1II&iD: Do Government propose to have Homoeopaihs M memben of t.he Committee? 'l"M JlODOQrable It&jkumart AIIIIU Kaar: No, Sir. Mr. 'l'ajamlll lhIIia: In view of .he fact t-ha. i. ie a cheap . ~t. and lie CIMlDtiry ia poor......
Mr..... kIr: Order, order; ~ .. is a ma"er of argument. Tbe repl,. is ... OoftrllDMot will not cio so. ' ¥r. ".,..111 BIIIabl: May I lmow why? ... .,.._.: Tba. will lead ~ an ~ t. Ned qlle8Cioo.
M9. *Sbri De8Ilblaclll1l a ..: Will .he Honourable Mini.ter of u ~ ~~~~ ~
(a) the amounts of Grants-in-aid made to the Delhi University dur;ng each of the last five yean; and
(b) whether any of these grants were earmarked for specific purposes, and if so. what are they?
~ JW L u-5U, ~~-~, (b) ,,' (a): ~'; twry.' \. ~ ~,.; - ~ ~, '!'be Boaoarabie "oJeDA £ba1 KaIam .Alad: (a) and (b). A statemeJl5 is laid on the \able of the House. ' ooarftl7'UDT ...... , 07 IIlDIA (LBOlaI.ATlVB) [SRD DBo. UN'l B'1' A'l'gJlKlI'l'
~
" ...... 1,71,000 1,00,000 .RecurriDg . , ~~ Grant.. Non·RooIll'l'iDlr 1,00,000 : 60.000 Conv.'Tt'ion of steblee into LodsiD8 B_. 16,000 Improvement of Prince'll Pavillion. 10,000 Equipment (or S t'~' LaboratoriN. 10,000 ImproVf!m(>nt cJf PlayiD& i'ieicil'. 111.000 Wom'm'w H(J!It.t·I. 2.46,1.1011 3,00,000 , ,~ H",'Urrilllc Grant. S, ,( (II~ 'I P''''",rring grlll.t (OJ' tI,,· (:oustrurtion of till' Lodging Houae. 60.000 2.96.O()()....-NOl'mal Jkcurring Grant. . 60.000-Non·ltt-,·urring Grunt for g'n"ral AdmilWotra· tion. '8'•. " I,N.ooo 1.60,000 lI,86.000-Nol'mal U.t>curriDg Grant. 60,OOO--Non·Rf'Clirring gtW.I for Gf'II .. .,.1 A
d ~ t..AA...' ...,...' " ~ ~ ,,J-J.,. \olW1,J I.i, i ~ ~ -..sU 8hri De8IlbaDdhu upta: Will the Honourable Minister please state whether this graot has been ut.ilied for the specific purpose for which it ._-was sllllctioned '.,..• ...:.-J, ,-",I ~ "I -~ J'r JJI ..J..tl ~ or; 4t : .)1;i rWltl' UlI". j.w,.;J -~ L.1q. '-6S t!,.o. I.i, X I:)f .Jt'> ~ "",JL; ~)t ;tI The BoDourable JlauJ.a.na Abul Kalam And: This is u separate question. This "X),,': litH!'" ~ ~ (Ill lJlliel'siti .. " which eist ut present.
-~ ~~ I.i ~ ( y ) ~ 1. Jlr ~I ~ ~ : U:t- ,-' ~ J'wla) ~,. . "wbeth.'r any of these grantH we .... earmarkeu for spp.cific llUrp08(.... anti if so. what are ~I ." Sbr1 Deshbandhu upta: I hud enquired this 1IJ portion (b) of lily question: .. wl ... t.llUr lIll.\' of llu'se grllllt ... W,I''' t'nrJllark"d for ,.;pecifie purpm,es. lInd if so, what are they" .... ~ ~I, ~ IS 11:.\4 ,.-, r,.t-~ ~~ ,s y; : .)/,i I'l'ltll lill,,. Jw,;T -~ -:u ;.s J'-s-I ..s-X ,-",' ~ .JJ .J ,~ ~ L ~
The Honourable Kaulana Abu! ltalam Aad: Y Oil will find from the state- ment that these grants hae been utilied for th(. "pecific purpose for which these were SUllctiont:d.
X ~ ...,...' r, & ~ . ~I ,s ~ J:!,.;; l,Y : ~ ,.-,.w. ' )~" '
~t;.... It - c> cl .~ Bbri DeahbaDdhu upta: It;thtl Honourable Minister Ilatil'llied· that these hae ht'en Rpent for the "pacific purposes. -,
...r 4t -~ ~' ~, .. ~, J ~,.-, iJ I )~' a)I;f rl1,()f,-tl UlI". j.!,;T -~ . ~ JS ...st . ~ X ~ ~ ",.-, )~ ~, L ~
The Honourable Maulana Abul Kalam Aad: There is 110 reat:'011 for not being satisfied. These are al.,o spent for the speciilH pllrposes ior wh;ch these are sanctioned . ..J ~, ~ . ~ ",4 '-"" ,.....;... J..!";; It,S: ~ ~ ~ ) ~,. A, ~ 8Jlr1 DuhbaDdhu upta: Will thtl Honuurable Minister kindly make an enquiry into the matter
" ,. ~ j I-JI " ,.-J.r,Jl,sl ~ H": "'jT I'W,,' OJ,.. j.w"f -' ~~ J ~t.I. .,.. IIDoanble ..alalia Ab1l1 Kalam .Aad: In sn case if the Honourable Member thinb like tbia, -an enquiry wi)) be made. -
ColIPl7L8OBY lIln.rr4BY Tlunmro TO YOtlNO ... 6IiO. ·PaDclit Hlrday •• &11 )1ID&J'Il: (a) Will the Honourable Minister of Defence he pleRRed to state wbetber it ill a fact that a few ~ ago the lCanister of Defence stated publicly that a 8chl:me had been prepared Jor intro- .ueing compulsory Military training to young men in the eountry'
(b' If flO. what are the details of the scheme 113' CO!rf8TITCB1fT AflSIlltJlLY OJ!' J!'lDlA (UWISUTIVB) {hD DIle. 1MT The Honourable Illdar Balder lin&h: (uLThe HOllouru1Jle' Member is pre- sumably referring to the ~ t ma,le )(l the eourse of mv address ~ the pUlling out parade of the (" ('t~ f)f tlte Elemeutan FI.-illl! T~ School at .Todhpur, on the 2Atla JUlie 1041. What J then ijnid was that we had a .cherne in view IIndl'r whieh ~ . young' man ill tht' '~u t will ~ mili- tary training ill thf' Navy, Anny or thf' Air (~ if he so desir., (b) I would refer the Honourable '{emher to the dis('ussion on Dr. Pottsbhl :fiitaramayya 'K RflllOlutioll moved in this u~ on the 27th November 1947. u ~ JIIrd&, .&\11 ltaDIru: IK my honourable ftipnd aware that he was not correctly reporh·d ill the p8(>f'l'S? -.na. BOIlOIlf&b!e lardar Baldtv IlDch: The C'fJrreC't· report is what I hue .read out JURi IIOW. ~ lI1rcl&y .ath ItUD.lrll: I Wlwt to know the ponitillll bet:IlUSE' th .. Honour- : .bl,! M"tlll,,'r elid IIllt luh thf' trtJllbJ!, to eom·et tht· report in the papers. fte Koaourable Sardar Baldev linCh: The correct repol'!' that I hnve got 'before Ulf' rllllkf's the prlllitioll ahllOlutl'ly elf'sr, and I have stated it here.
PaD4tt Laklbml Itanta II<ra: Tt rnak/',; it (·It'lir 1I0W ill t ~ lfoll!,;£'!' Pilldit Birda, Hath ItUJLl!'U: (:1111 th.. HOllo\ll'ub]p ~ "I' gin· ~ th; dotail!! of th" Mcheme aecording to which Vt' ~' young man who wants to be t.rnined ill th,· AI·III.\', ~,t\ .V til' Air For('(' ('1111 ~ t tht' u t~ training? '!'be BOGOUrable 8ard&r Bal4ev Ilqh: Th., HOllllurtlble MellllJt.r knows that '()11f' or the lIf'ht'lIl('!i :8 tll"t reeornmended jn the CHdet Corps Cornlllittt'e Rt·POlt.
PuIdlt JIirdaJ HaUl J[1IIlanl: Hut thnt. ill llot for every u ~ Inan. Sorel, .a. ~ Honourablt> Minillt4!r lmows. . . . .
.1Ir. Speaker: ~ ~' further I. 111 •• ~, JI1raa7 _MIa ]t8lllR: (a) Will the HODOW'able Minis_ of l>efentlf! be pleased to ~ whether it i. a fact IbM the Army .utllori...... laid clown that lhe ~t of Ramounh and VetP.rinar:v Sernces ehould be a Veterinar:r Doc_' (b) If th.. 1111",,",'1' til part fR) AlKm' tw in thf .fftrmative. :5 it a feet that in .pitt' nf thi". C ;O''''nllllt'nt propoaf' to appoint a ltfom011nb! OfI\Cf'r atl nir.etor"'" Remount. and V eteanary 8e"ices? (c) Are O()\'f'mmf'nt .'"'rt' that. senior Tnctfen Veterinary Dacton ... nail able , (d) If *1. \\' ~ ill it I'ropmt>d tn plllll' them 0"" ft. JIaIlOarabIt Sardar BaM", 1tqIl: (8) Yes, but the Army u ~t .u iewed bfofore partition and before the policy of nationalisation was decided. (b) Yea, (\ Rt>mounta Otfteer has hff'n appointecl •• Director of Remountl and 'Veterinary 8eniCH. (0) No The length of serviee of Lhe most senioI' Veter!D!'ry ~ ~ is barel, 19 years. and thf'1"efore no VeteriMry Officer of the reqU1!Jlte ~ 'It ~. hold the appointment. of 1)irt'('tor of Rf.'mounb and Veterinary Sel'Vlces IS avaIlable. (d) For a combine.l Corpi' \\'hich no\\" includes also the Fanns Department It i8 undt'.irable to t'C.'SN'W the appointmcont of the Hpad of the COl"p!< for one of \he S " ~ included in the ('orps. PaDdlt BIrdaJ .&tIl 1t1lAU1l: Is thl' ~ ~t awart> t ~t the Army I .~ t to wbich t ~ drawn attenhon was reoelwd alkr ~(' ~. ti Dlwan Ohaman Lall: Ls it 11 faet tllllt. tI Pl'. Ilnmmdll is :l member of the ,-eh'rillar,\ ~ 'I"' ' with more- thall 80 :venrs, service? TIle Honourable Sardar Baldev Singh: He if'! all the civil ·side. I am rt>ft'rrillg til lilt' Illilitary side. Pudit Jlird&y Hath ltnnsru: Hid the Armed Forces Nntionaiization Com- m'ttef> refer to this or to the Heeollstitution Committee? 'l'be Honourable S&rdar Baldev Bmgh: I am referring to the recGmm'enda- lions made by t·he Armed Forces Reconstitution Committee. DWaD Ohamaa Lall: h it a fact that it was not confined ontv t.o officers of thE' -'.rrTl Y? . TIle Honourable Sll-dar Baldev Singh: It is to be confinen to officers of the Army. Puldlt Jlird.&y Bath ][unsru: Din thl' Committee recommend that 11 non- technical man should be appointed as the head of the combined depll.rtment? '!be BOIIOarable Sardar Baldev Singh: The recommendation of the Commit. tee is that it should not he on1:v from the veterinar.Y service. T .~ A!fD TROOPS FOR M. E. O. YJAlIOBK 6111. ·Paadit Blroy Bath Kunsru: Will fhl' HOllolI:-ahle :\Jinif'!ter of Defence be pleased to !';tate the numbf>Y of tnlckR anrl troop!; plnel'd at the disposal of tbe Military EvaclIation Offi('er, Lllhorp? 'ft. JIma,ourable Sardar Baldev Singh: TnlCk!; 1,027. Troop!';, Hpproximatel.v 1.000. CO •• ,.I..".. ,. A8UM.L or IIfDJA (LB I8LATIYB) 8aD n.c. lQ.(7 PSI: or PraftJflHTJII A8 A DlSINnO'1'ANT ~ .•SJu1 . I. IIDDi11lwamJ. PUlal: Will the Honourable ~ t of Rf'alth be ple&Aed to state: . (a) whether (~ t' I t ar" U\;'are hat durini the ) t~'u Mlldras Pro- ". ~ was suppJ,trlt' lurgf' 'luantitiell of Pyrethrum to the MilitAry and to other Proinces; (b) whether it iH fact that another compotlition known n8 Dlfr has been introduced in the market with th(· rellult that the alue of and demand for Pyrethrum baa been .reduced; (0) whether oenUJlt'ttt I ~ IlW'lft· that tbi' DDT not· only kills the plant peIttI but alAo t ~ plant itMlf thereby am-sting poUination; (d) thl narnt'K of thl' mwin("'" thHt ur.· in n'cd of p)rethrun,; lind (e) whether Oot'rntnent prop).... t~ approlu.h the tninll" >l'n;n(,t'I to en .. ooul'llge _ PJ1'Pthnlm in all their di8inf"ctnnt, proces1f>8 'DI BcIDoaJ'abie Jlajkulall .lIII Ka1ll': (8) Yes. (b) n i. a faot that· R .ynthetic inaecticide called D.D.T. has betU intro- duced in the market. There il nothing to abow that it baa aftected the de- mand for Pyrethrum as a minllrf' Ontainin it and D.D.T. if wing largely uted for di.infecting pllrp0ee8. (C\) It I. IIndel"8tood that tbere is no ~ of damage to foliage caused by DDT unlef1l utfld dinoled in Kerosine oil. DustAI containing lfYlltbetic ~' "Jdea like DDT are some timet used for plant protectiOD. A great deal of esperi- mental work is DeCMlaroy to determine the f'tent (If dRmage if ~' ttl plant; life throlljlh M(If"lle " ~ on poltination (Ii) Tllf'n' ill clmllnnd from 1\11 Proin('f1I; (e) It il not Mllllidered net'.eS8nr'.'· for t.llf' Oyenlntent of Tndill kl sllggMf to ~ '( I till' 11111' of mH' parti('ular insecticidt'. It ('an M Idt to Proint' •• to IIiif' t,h.· heKt tYI'I' of illllt'l't.ir,idp that l.'irc,umRtanoos may req',lin>. raRlIIINO 0,. BAM. AIlS'"'" BY PAKtSTAN o UMKPT 1M. '8brt '1'. '1'. JtrlIIJIamachart: iRl Will tht.' Honourable Minister of lI'inanre tll' pl"RRf'll til Rtnt.· whl'thf'r thp I\tt~ t of o('nllnf"nt hRR been d",wn to pn>lI11 n>portA t t ~ thllt th.- (;owrnnwnt of PRkit:tnn nnd pRrti(Oular· 1,. of thl\ \ ~ It PllnjRh. 1'l'f\fWl':o t~ fr.',·"'· tin "" ..... tq nf 'TI ~ inl'itll;nf fip,f and dflmRnd t' (\t t~ t (b) H Ilil. nr.· IIIll'h ' t~ nil t.ht'nt.il' ., (t'I) III not IIlIch .wHon or tb" (lot'rnmf'nt of 1'Ilkit.tm ('ontrllTY to the mone- \ary IllTRnllf'ment Rrried At hfotwef'n the Ooemment.fl of IndiA and Pakirian' (d) 1f flO. hll,' not'mmt>nt tAK"n Ull U,t' mHttl'r with the Oo f'mmflnt of .~ And with what I'HUJt ~ fte ac.oable &bit •• K. -&DID..... 0Iae&t.7: (a). (b). (c) and (d). Pnaumabl .. the Honourabll" Member haa in mind the Ordinance i88ued b" the Wen PtIDJRbt Onflmment on t.be 8rd Sflptember UM7 which. among -oUIer thlDRJ flmpowered that oernment to prohibit banb from remonng tlielr _ta. includinfl t~ and demand d'rositfl without. itl written pennitl8ion. As ... eplRinro in tll.. py,..,. (,,ommllniqllt" rlAted the 9th Sept.emhf'r lSM7. tit •• Ordin"nl'" \~ wit.hdTftWll on 1'fIp1"f>lt'nt1ltion from oernment of India. ' Prof. W...... : Is then- any tntth in tbt:t news in the pres' t ~ tbat tlIe an.' ,I"r'''t'it. \'1\ults h"p been openro h the PAkistan Ooemment without t.ht' Mnilt'llt of tht' O(\('mmflPt of Yndin ~ The Honourable 8hrl •. 1. ShUllDakbam Ohetty: ~ . ~ . T haw not heam 111'.' t \~ lil,., f ~\ t , STAIllUfD QUBSTiONS AND AH8WBR8 1137 Prof. If. G. Ranga: What if' the latest position in regard t.() th&t? The Honourable Minister made a statement some time ago? Kr. Speaker: nOeH that question arise out of this? The Honourable Shri R. K. ShaDmukham Ohetty: r do not think the 'lueil· Sion arises out of thi!<. Prof. B. G. B.aDga: Do.. ;; it, not arise out of the mOlletary arrangements t ~ tbe Government of India have made with the Pakistan Government? \ 1Ir. Speaker: If that test is taken, everything will arise out of this J a.POBT RlIGAIIDISG WORKI'l'fG OF }lmnCIPAf, OOMMI'M'IUCS IN DRLID PaoVfN'O. 156•••. R. K. Sidhwa: (11) Will the Honourable Minister of Health be plea&t.'ipal Organisation Enquiry ('A)mmittee. (c) The Conllllittet:' reqllir('d time to ('oT1sider the poilltR rt>fprred to tbern. Cd) No, (e) The report is expected this month, 1Ir. R. K. Sldhwa: May I know when the recommendations Ilre sent by the Commit,tee that the Government will see that those recommendations are oonsi- dered immt"rliately Rnd a Rill to that effect brought into the nflxt Rudge. Refll!ion? Kr. speaker: Til" r£"I:()IIIIllCllHlntioll" hR\'(' !lot .Vf't Iwt'lJ ""caivcd. The quee- *-ion iii a hypothetical one. 1Ir. R. E. Sidhwa: Will the Oovernulellt see to it that th" rtHJOTlllnelldat101111 are !lent by the Committee thi!! month positively? . The Honourable Rajkumarl Amrit Eaur: The GOVC!"IIII1f'lIt, wil! try t~ hesh but can make no commitment. . SIIL.anON 01' APPL(OANTH FOR ADVA!fOJlD STUD[HR IN FORXWIi (1JOUHTJURS 5,-;S. ·Shri V. O. Keaava llao: (a) Will the Honourable ~I t of Educ!lo- toion be plpll8ed t{l stn«' thp total number of flpplications received for advanced studies in Foreign Countries during the ream 1945-46. 1948--17 and 1947·48? (b) How many of them Wet'e ,sleeted ~ ~t..... ~ ~-', -,., ,=to ~ t' ~,... - ,~,... .. : "'JT f'Wtt' li',.. ~ ,.. ; " ~ ~ - A It It' r .".,.,u ~, ~,. J,..,.. t!J L J..,s ..-~ ~. ,-"~,.),,,.,.' Sohoonloci Ol\ste r r ~ ~ ,-"J, tl.6Af 1.. Scheduled caste oJ " ,,' ~ J. Scheduled caste Scholarship Achemo .; - ,!' J,1l ~ 1.. Govt. Of India Overseas .. ' cholar(Jhip S ~ 01'" ~ ~, ft 0' 0" .,I..w Y ..; ...."T_',:i.,.) ~ t "I"'r - I"'V ~ ,> ,~, ~ S(·heduleci CA.sto ~I ~ ~ ;.))I,~ L Schoduld C3.8te ~ u (,aRte 'If ~ ~;, ~ roo • .,I,,)Aj .....~ .) __,,x...I,:i.)" u.~ "I"'V-(YA - 4.C ~ ,> ;.),,~ ," "I ~ iLJ,;I,o.\.tA( I ~ ()C)nTJTVDOT U ....ht or IJlDlA tLUl&Unva) [SaD .DBc. 1947 '!be ~ KaaIaDa Abal Ka1am Asad: (a) and (b). The total number .)1 applieutiona received for studiee in foreign countries during 1945-46 was t . ~. out of which 00 were from Scheduled Castes candidates. 2'2 Scheduled Castea fH:holal1l were ~ under the Scheduled Caste Scholarship Scheme and 11 under the Government of India Overseas Scholarship Scheme. For 1946-47 the totul number of applications was 5,158. out of which 54 were from Reheduled Callt.es candidates. 1 Scheduled CaRtes Scholar was selected. 1n 1947-48 the .total number or applications received wa.s 2,550, out of which 19 were from Rcheduled Castes candidate8. 2 Scheduled Castes 6cholal'B were I&lected. IIlrl •. _appp&: As time went on why did the select·ioll of scheduled caste. member! fall? "'.».3 ,q. -~ ~ ~ .}.3'; L u,» ,-,,....," ,! yi : olfj; rl. ~ L -'~)" d .t t~ ~ ~ d y; ~ ~ ~ lot : .,J}i ,.W,.rf I..i',... Jw)i - ...s") ...;,a ~ IJff u,J. uJ .,"'- .,1... 1. ~ '-""'" .,,~ The BoaoIalable JlaulaDa .Abal JtaIam .Aud: Thill I hllVt' alreadv told \OU that tilt' fall in the num\wr (If applicatioll" wus followecl b.\' a ... i'nmltane·o1l8 tJecrt'al'lt' in this dil'f'<'ticm nlso. 8Iut •••....,..: The filII froUi :ll to 2 is very uIiSlitisf"ctory. :\1ay I know wbat i. t.ht' totAl flumhnr of "pplications ren4'livecl from I'och .. dllled (>Mte candi- elate. I' I '~) -..al:t- Ai ~ L '-'"', : "'jT rW"r' U,,... j+!,.,1 !'be BCIIIOarablt Jlao),D, .Ab1l1 Ealam .Aaacl: 1 would like to lllwc ~t lor thi•. Mr. lfulradcl1D .Abmad: Hir. on a }loint of ortIer: 'fht> HOllourable Member I, RdllT'f'lIlllillR tll., ftlf'lmhel"lt dil'f'''t./y and not th",)ugh the Chair. Mr. ~ I think ill Hindustani tllt' word "Ap" 'lIN is also an exprea· &ion whirl. I'IU\ h.. 1II'(·cl with rt'ft'f\'nM" hl ,.ht' Chair. Xo,," that the Honourable MftilOer hall 'I ~ this qUt'st.iou, I would i!n·ite tbt' attention of Honourable ~ 'I'I on tht' (;nvt>rIlOlf'nt HE'nches and "I!lO oth{lr m('mhen; in the House lb•• t ' ~' tlho\llil Ilddl'HS tht' Chair dil''t'dly. Tbf'lft i8 ont' more aman ~ al80 whil'h 1 should like io me.nUoo to . the Bou... While a member it addreuing ~ Chair I fiad thal HoooUJ"aWe KeJIltw.n ('ro.tI tbe "au.. he'...... n ~ Chair hnd t.he speaker. That. is againd pM'lianlf!ntary Mf\\"ention. The Bonourab" Members tlhould be ('velul to Me that t ....:t do oot CI'G. tbe floor of ~ HoWIe like &bat. 1Ir...... DaM: May ~ eli ... below the 1iDe" STAltltJID QUJUtTJOIU! Al'J) A"SlIVKU ~ 1Ir. Speaker: Yes, as far as possible. _ Sbri V. O. ][8.... & Rao: May I know how many of t.hem completed their tu~ abroad and how many of them were subsequently appointed? - ~~ ~,; .JJ 1. I,,}'"" : Il',i ~' L ~,.. ~'~,; fte Bcmour&ble 1I&u1aD& Abu! It&lam A.Iad.: I would like to have a notice jor this. Sbri Upendza lfath Barman: Will the Honourable Minister kindly consider the r.dvisabilitv of making the Selection Board more represent ative of the ~ { u { Cas'tes? -...;~ u'~ ~ .. .')~ ~~ ~ )~ ,~,... : Ill,' rWy.I U9,... J+.!,;i '.I'Ile BOIIloarable lIau.l&Da Abu! xaJ.a.m And: No defect has hccn noticed in the present. Board.. OR'NTS·IN·Aro TO E ) .~T A.L INsrrrurlO:ig I:'i Olil:'irau.. LV AO'lDWHH8BD AREAS - 557. ·Shri V. O. Kesava Rao: (n) Will the Honollrable :Minister of EdllcR- I.ion he pl(>8sed t() state the number of Educational Institutions and Associa· t.ions in the Centrally Administered Areas that were givE'n grRnts·in·!\in. during the :wnrs HW:;·46, 1946·47 Rnn. 1947·48? IS ". ~ ~,-. I "I ~ L.)IIlI ~ ~ Ill,; rW,.t' ~,... J+!';; ~ ~ ... --~ I '~ S' ~ ,,' LJ"'J) L,)'l:-'" Centrally Administered Areas .)~ "f ,:) r y.)r')'lI,j ud ut.. ~ t"f"'Y-f"'A "I t" "'~- "'V r t" "' - "'~ Il'.).,.t' ~ ~,.~~I JS't' "' ~ ~ L,)"61"' L.)IIlI r, ~ IlI.lo.l'I cJ! - ~ " "'~, Lt -..;.. fte JIoDourable 1lau1a.na Abu! K&l&m' Alad: The numher of Educational lnstitut.iom and Associations in the Centrallv Administered Arens that received lI'ants direct from the CentrRI Gove.rnment ~ 1945-46, 1946-47 and Hl47·48 were· 7, 10 and 11 r{>spectivel)·. 'fhcsp figures are exclusive of the inst.itutions in FeOelpt of grants from the Local Administrations. . Shri V. O. K .....& Rao: May T know whether any other universities were ~ ' grants otber than tbe institutions in the Centrally Administered Area8? ...,.. -'~)I .. L ,..tt ...),. t- ~ I..S~'.,).. S I,~ i ~I : Il,;T rWy., U»,... ~,; IS ~ uU ~ ,s L ~)t I- t' 'cJ1 ~ IlI.).,.t1 l..t ~ - ~ u4T ),c X £.L.lA.. 1. J ~ L ~),. t- ~ ~.) ". ,,1 ~ Centrally a.dministered -~ Lt.)~ lt$ _ '!'he JIoDourable llaulaaa Abu! ][alam Mad: Be.,ides these many applica- tions bave been received from other Universities. But these grants were given 10 those Universities which are in the Centrally Administered Areas. The- meMer relating to other institu*ionl is under consideration. IIut V. O. Kelaft B.ao: Is it 8 fact that the Andbra University made a J!lquect for a grant? d ....,. ..."..~ U- ~ ..s+t ),1 r,s. i "" - LJt.. : Ilf;' rWf,.t' l,..,,... j+l,;T -~~; ~~ ~) ) 1140 OOW8TITVIIMT Ale_8LY or IliDIA (LIIOI81",.,IVIJ-' [SRD DBo. 1947 "!'be BoDour&blt Mulana .lbDl Ka1Im .&ad: Yas. Besides iliese applica$ioUli fMfn many oUler CnivcrRitics have also been received. "'~I, ;.u..-,...I ft..s ...".. 1.%.<_ ~tt L.-~" 4tS : .~ ~ ...t fi'l ~ . ? ~ 4S rL: 1. I;)f ~ ~~ ...r Slut Delhbuadhu GUpta: ~ 1 kIIow tilt: flameR of the institutions which Ilte given the grant? Jr-~)' ,,' ~ I;))~ ~ t~"';~ ~ : oll§f rW,.tIUJ,.. ~ ~ ~., ,,'~', ~,-t' ~ '- ;,~ ", t....4J £..n"-J-,... ~ ~ ,..; -1''' ,~ ,s .~~ jAi,x,.u ~ ~t''''' ''' -..}J ~..,... ~""' ."' ),~ 4.1! -j! ~ -~ ~ .t- -National loatitnteof Scion,lC ~ 1. '-'"" ~ I..f,) .".., ~I .~..., ) .,,~, ,s ,)tf ";-,"':tw/ ~ ~",.. -,.." . .}J .J> .,,~ ..,., ,s - A ". ,.r) " "' -~ ~ ~'t -,., ~ J,J ftI BoDoarabl, JlMllaDa Aba! JtaIam AIa4: Tht: grant has been given to Delhi University. Lady Irwin College and Irwin Rchoola for Girls, New Delhi. .800i.1 Service Leagu" and Boy Scout.. AIlBOCi8tioll. This grant WQ given during the year J04f1·46. In the yeW' 1946·47 tbe gram Willi givtlll to 11Itt:r l>rovin oial Board. et<>. Be.ideA thil! the grant WIUI allO g:ven to the National rnstitute of Bolenoe and Jam.·I·Milia. Delhi. III 1947-48, the University Boord wu .ldod An r&pplicntioll hl\lI h.'I.·n n'<'l'iYM from • A njumlln ·1\·tRrrakki· /llll! it ia 1'eClejving lmnlliderntion -.! .)J Jol )/~ ~S ,s .. ~ ~' : lJt-I ~ ~ i.J,.! 8Iui DMbbaDdhu Gupta: How IIIl1l'h jrTQnt. h,,,, l>fIe" ginm t~ . ;\njllm3,,-a· ~ ' ' ., ~' .),s w.;; ~, ~ -~.) ~,~) ,\ ~, : .,,~ !'Wtf'UJ,.. Jw,;i -..;J ...,0) ~ "!'be BoDourable ManlMI Abal Kalam AIacI: Their Ill'plicmtioll hM been ~ \t . h\lt "ptil IH")\\' Iltl RfRIl' hIlS ht>en ~"t' . fifo "Rc "0 ~~ ~ ~ ~ o. . ~~ ... ,,) ('~ ~ .r:t tIRft i , Ill .•. It: 81dbn: III Ult' ~ SOOIl," .\lIAOOiatioll glveu UOVSfilDient gran' 1 -~ ~ ~ ~ , ,j.A : .,fJT ~ U,,.. ~...t' ,; fte IIoDOunbIe JIa ...... AMI KaIam AIad: Yes. The ~ W giY80. ftro ~ Co ~ ~ Qp _,,«Ii" ~ ~ ~~ .~~, .. wt I ~ "'~~ 'Iff ~~ ; ~ t! Ill .•. It. SlcUnr.: I n·fN 1 .. , tht' Hindu"l.an ISm g.·OIllt< A""'>C;8tioll. 18 it; in rf'C't'ipt vf 1I1l.' .,:·nmt. from \ht\ llo\'t'mment:' . . ,s'cJ -4 4lI' .....-f ~ ~ ;.:) 4 e ,....1 lo1>,to- . .'~ : .>I;i _Wy.I l:',...... \+.!,...r -~~~.. . ~ ft, IlODourabJe M • .xu. AbW Jtalam Aaad: TIn, rl'it'NO to tht' Uov Scout.! A ..' ...... ·jllunn Tt i.. in ~t' I't "f tht' IfMU'lt. '!TARIIRI' " S"I/ ~ 4Nfl ANRWBR!< 114,1 IS .! '+' .L ~ .),5 ~ =l? J"I.L ~, )~ ~ : L~ ~ ~~ u,.:. U.) I '~' ~ ' .' . .,s ~t-. I ~, ... ~''' .;r-!.ii, "I . ~'-/ "~' ... 11,-1 -~ ...,.,., ~ ..;*U:. ....s,'S}-~ ~ ,e,,.! ~~, ~, ... .J'tI ~ .~,;, -~~ Shrl DeahbaBdhu Gupta: '}lave tIll' ()ovenllllcnt, arrived at any f;uch decision that thE: Boy Seollts Association and the Tndillll Boy H('(}uts Assoeiation be given equul grant!!. Th.> Indillll Hoy Sc/'\uto!'l ASRIW;lItioll hilS Iwcn ill non-official bands from it!' very inception, - ~ ...sA.) ,.s )"c )ot ,-",' -' "'-A...;)~ : 1l,;T rWtl' li',... J+:!,.iT Tb.e HOIlOurable Jlaulana Abul Kala.m Asad: 'l'l\t' (lovernTlwnt, I\re (~ , ing over it. Prot. 8llibb&D La1 Sakaena: Ii' any J.:r;Ult given toO the IndmprlWlthn College? ---_. ~- ----~ - IS ~ ~ ~ ....so).,s InstituteR ~ J ~ ~ Lt. : o)f;i I''''tr' ta,... J.w," -A s\,q. ....so) ~ ,,),1 ~S r,'" 1.. c.' II ~ ~.~ L. ~" J"n... TIle 1Ioaourable llaulaDa Abu) Kalam Aaad: 'l'his grant hus been given to Ut08A In!ltitutes (lnlv which IIrt' under the control of tlli' Centnll Government, This is 1J0t given ~ any institut.> other than thet«', Sbrt O .•, PooDacha: Mil\, I know whp.t.her 1m. ~t t'\ t ill Coorg •• 'fBtting this /ZTBnt?' , Institutes ~ J:}1 ~,~ 1.1, ~ .. ~ L ~ l ~ .)I;i I''''~' liJ,... J+,!,Jl .. ~ ~.) ~ ,s ...t-s ),J -L..t~ I)~ ),lU'" Lt. ~ L ~ A .}1 ....so) ~ .~ The Honourable )[aule. Abul Kalam Asad: 'fhi" graIlt, haM heell given to t.boae institutes only the names of which I ~ RtAted, Bnd for which these were unctionI'd. 'l'h;!' i" not Eiven to Illl,\' on!' "IRe. -A ~.. ) ~; ~ ~ '-~ ,s ~ ,( ~,L 1.J.)J..t. 4S : ~ ~~~ u~ Shrl Deahbandbu GUpta: 11'1 ~ ~ t given to Hilldi.Rl1.hitYH 8ammelsn a 11101 -.:! ...sA<) ,s ,,= X LJ"" -' "'-L.;)~ : .)I;l ~ ~-t U,,... ~ ,. The Honourable llaulana Abul Kalam Asad: The Government '~ (,,onAidering over tbi8. ~ -~ d', ,s ,,-J ~~ ~ t;.,.,;;.. ~ . ~ : ~~ ~ ~ • ~, ~,. ". L..ii ... t1., ~ 1.$ ~ "'~ ;~ "" Mr. Tajamal !I.... ia: The Honourable Minister has stated thl1.t the Gov ernment are collllidering. I want, to know how long will it take to consider? .st (i'fiti\(ij q : ~ ~ institutions ~ ;m:r ~t m ~ ~ 1f"4'(.Q\ ~ .'f1TJRi S ""'( tA,,~ ~.~ ~ ~ ~ ~ ~ qr1i! ~ rp;ft t ~ Slut Raj xn.bDa Bose: HIU! IUIY GovenlDltmt wdollt heen given to 'Hindi- Prachami-Sabha' or 'Nagri-Pr'lPhnmi-Sl1.hhll' from tUTlOngRt th£' n8ml'II of the institutionll IItate() hy YOII? ,...~ ...}i ~'~, .).. ~ IS ~ 4¥ L ~ : Ill;; ,.!WtI' l,'". ~T -~ t;;, ~ I~ ,,= ,.. ~. "f The Honourable Jlaula.n& Abul Kalam .Asad: 1 haVi! airearly titateJ t,hrlt many appliMtionR hav(' h,pn n>reive,l and thei;e ~ IInder (' ~ t .11402 OO ..TITU_T AlnMaLY 0' UIDIA lL&GliLATt\o'1l) [3aD D&c. 1947 ~ .~ : 'Rf ttlOfwtlq ~ -it ~ crnI ttT~ t ~ ~ ~ . ,,",(if Of ~ ~~ ~ ~ ' ~ 11 ~~ it t~ CfTijff i: ~ CRf if .... VIRf t ~ q$ ~ .14icilc • ~ if1t it u~ ~ ~ . ; ~ fWi ~ 'INir wniT ~ ~ fffR!ra-~ ri • s.u. GcwiD4 Da.I: J .. t ~ Honourable ~ I .. ter aware of the fact that tbe Annullol IIIwting of the Hindi SuhitYll Sa rnrnel ull ito! likely to take place in BoUlbll) during the enltuing December Holidays:' Alld may I know if it would be p - ~ ,s I,)61j I~"';, ~ ~ L.)v, ,-",' : olhl ;l"tll LiJ,.. ~ -~~ ~ 'l'be JIOIlourable llaulana Abu! Jtai&m ADd: 1 cannot make any' promise in lb. OQIInectlon. }·;ftorts will be wade. PJvf. N. G. &ana&: It; there ':IIY tr'uth ill the illforJllation that owing to the AliB16rh rllinm!ity IIIIVillg to want. (' t~ \ in salaries the Governm":'nt of Jodia hllw' 11111<, 111111 to illert'lise their urallt t<) it'" 1J")u.J...} ~ ..;.. "';tl J.. 4.iJI ...;i ~ )~ : .)/jT rW,.r/UJ". j+.t";i ..;,s ~.;... .6--1 ~I \:1'tJ -4 lJol,s ~ 1.. "';-nfitl .. ,s ~ )' I ~ ~ - ~~~~, ~ Tbe lloDOurtoble llaulua Abul ][alam .&aid: Till' liU\·t'r11I1I,-,llt of India h,ve on tIll' rl'(lC'IIIf1lt!lldut.ioIU' vf til .. l'lIivt'r",in ('Ollllllitke illi.'rt'ast'u tne grant to Del!.i lind Alilo:flrh l'niVt·r"'lti.·". Bllt. LIP!;' 11(,\\ 1111 Itction ill til,. 1I1utter hilS ~II 1111."11. . Shri 8. Bacapp&: hi it II ' ' "I"I '~ tu t:i\ c grallis to "ht>se ~ ' t tu~ eVt'I. Ilfwr tilt' Mu"ljll." hint· Idt \.lit' lll1lillll Dmnillion? Mr. Spelker: Orcit'r, ord,·r. 611. -Bbll V. O. I'IAY& JIao: (a) \\,11 the HOllolJrable Mi:lister of Inform· ation IUIII tt' ~t ht' plt'luit>(1 to !;t"tot' wllt'thf'r Oovt>rnmt'flt h.I\·t' reocei\'ed ~ r.'pfI·! (b) H .c), what action ba\'t' (iuverllmcllt taken 6() far? 'rae Honourabl, Bard&r V&l1&bIlbhl.t Patel: (8\ Yes, . ib) A ~t I I t..; nrt' lwillg IJllule to ~ ' " !'ouitaolp 8ites and buildings ~ a hr ... .~ ! I A ~G I ~ Eu E Fon C'UUru;NCY ~ ·Shri S. Nagappa: (a) \Vill the Honourable Minister of :F'inance be pleased to state tile bs<:king flOW re8er\'ed for the present currency? (I,,) Do (,()\'t'rJ]IIlt'llt ' ' ~ ' to ilH'r(>ase the backing? (c) H so, uy how IIIII('h and when:' (d) If not, why not? De Booour&ble Shri ... X. Sb&DmllkhNll OhMtJ: (a) I would refer trhe Honourable ~ ~ to l:;ectioli 33 of the ~ Bank of India Act wb.iQla fM'MOL'ibea a huu,dred per cent backing against the note issue and also tlhe 00.- ~ t of th"t backing. ., (b), (c) and (d). Goverlllllt'nt do not consider it necessary to alneud tit.. Section and have no such proposal u ~ contemplation. PIll. If. G .....&: WilI'(jovemment consider the deilirauility of ameucliog tile RelerYe Ba.nk Act which makes it possible for conserving the....." IeCUlities in London as a neceeu.ry backing for our notes? '1'IM BoDourable SDri ... ~. SbaDmuldaUl Obet,,: I think already an amend- -IQeDt haa been made permitting the Reserve Bank to hold bhese foreign rese,...... en in other currencies than sterling. PaoI ••• G ...... &: My point iii this. AI atptreaent it is possible fOF tlbe Reeerve Bank to go on issuing Indian currency notes as ~ t the accwnula- tioa of llterling securities in London. When will the possibili:ty for such ~ gi-.en to the Reserve Bank be abrogated? '!"he JloDOar&ble Shri ... X. ShaIlmukham. OheUy: Ii Govenlment find ibM the oon,position of our foreign exchange reserves needs any alteration. naturally they will take thaf into consideration. Prof. If. G. KaDga: Is it not a fact that as a result of the accumulation of t ~ securities in London the total amount of nrtp!,; in rirrulation in Inciia . bas gone up 7 . '.' The Honourable Shri R. E. Shanmukham Ohetty: A8 I mentione,{ t'lt a Press Conferenee. the mere fact that !'!t.erling was tt~ to be held as a foreign exchanll'e currency reserve need not nece!'!sarily result in an increage in the volume of our ~u . . According to me. that Rection under which the Rl"Serve Bank wa!'l under an obligation to give rupee"! in ~ for sterling wg really abuHed by the late Government during the war, and that i!'! wbal ~ in the phenomenal increaAe of the cUlTency notes under u ~ . U66 OOJlIT1TUUT AS~ OF urUJA (u.o1ALA'l'lW) LBu ~. lIK7 Il)' honourable friend may re&t auured I.b&t no such abuse will be penni,ted b)' tho ~ Govenunent. Ibr1 It. laDthanam: May 1 know u tuect! it; any cunenc,) of a ~ COUllt17 for whicu the ' t ~ )' 01 awMler count.ry is a compulsory booking? 'liw llo41Ow .. b!e Shrl B.. Jt. 8baDmllkham ~ There is no u ~ of • oowpuhiury backins. Various alt.ernative backing;! have been prescribed under the Act and llterling i. ODe of lIueh currencies. lui It. 8aA&.bIA&lD: Mlt..) 1 know if it is not a foot tohat a cert.aiu backing lDuat ~ uitber lu gold or iu ttterling snd therefore it is a compulsory backing in view 01 I.h" wet that thoy have 110 gold '/ Mr. lpeaker: 1 think the Honourable Member's u~t u itself supplies ~ au.wer. If it ill 'clillCT or', t.lum sterling is not ut!Ct!ssarily compulsory. 8IIIi It. SaaLhan·m : Hut 1 wus aaking wht!wer there is any free COW1UJ. wbolNl currency ill !Jacked by tht! (lurrency of another country. '!'he Boaourable 1h.r1 B.. It. ShaIlmukham Ohetty: As un alternative back- iuS. foreign exchange rellerves are permitte IMPORT 4l1fO M.SlTIfAOTURII: HI" J)auus ASO \iICDICINBS 610. "8llrl I. Nacappa: In) W III III,· 1I"/lOI11IlI,lt· ~ t ( of Htsalth be pltuod to stote what percentage of drugs /Iud medicines are imported horr foreign oountricil alit. ()f the total quslltity needed? . (b) Whllt 11ft' IIIl' 1.'OUlltrit'tI fruUl which ~' Ilfe Ill1portoo? (0) 1lI t.he!'\! OilY I'Mll'o""1 IIlllh·t Uw t~II " t on of (lovernment for t.he mauufact.ure of I\\lch mcdil,ilU'M Imd drugtl ;11 this llollDtry '! ft, BoDoarabl. &&Inman Amri' Kaar: (&). (b) and (e). The qtrilation Ibould have been addressed to tbe Honourable Minister of Industry and Boppl,.. n hal accordingly been traDaferred to the list of questions for the IUb Decem- .. IM7 _beD it will be anawered by the Honourable Minister of InduaVy ad Supply. OOllPalllUTlOM TO Bv8OPllA. I.C.1'i. O,.nO&ll8 LUVDO bUllA Ill ••8bIt •••....".: (a) Will the Honoun.ble Minister of Home Af!ain ... D1eued to .tate \be numb« of Uwo R\lropean I.C.B. Offioera who baft Wi lndla aher the 15th Auguat 19C1? (b) Wha, Is t.be total omowlt of oompt>nnt.iou fllat baa been paid to theee 06\0en? (0) Bow OlallJ' propoee \0 leavt' India hefor\' !,. ril 1948' (d) Wba' will be the onmpensat.ion 6x!*'tml W, be paid to them! (t'l Bow do Oo'Hmmen\ Pl'OJM*' k> 6n up those vn<;anc'etI? STARJUlD QUBS'lIOMS AND ANSWSaS 1145 Tile B SIlri B. Nagappa: [ti it trative Service. 0- Diwan Ohlman LaU: Ma, J ask the Honourable Member whether be lpeaks from personal experience or from general observation? TIle Boaoarable SlI'dar Vallabhbhal Patel: Both. Dhran CJh·mg LIB: Am I to take it then that t ~ is no possibility of the Government of India finding jobs for these refugee lawyers in this Emel'- gtmcy Cadre? !'be BcIIIo1IraI:U 8udar Vallabbbbli PUll: Lawyers can find employment _(vwhere. There are many professions which they can join. DhraD CJhamaD LaIl: Apparently the Honourable Minister is not in touch with the condition of thf'.ae refugee Jawyertl. There are about 2,000 of them without jobl. 1Ir. '!'ajamal Buam: Will the Honourabte Minister state if there ill Rny European I.C.S. Officer stilJ "erving India, and if, so how many? 'l"Ile BoDoarabie 8anlar Vallabhbbal Patel: There f:l.re some European officers B8ning. but T cannot give the exact number. They are ve" few In number. U4fi OOJrlTITVDT ...... Ly or lOlA (UlGI8LAnva) [SaD DIIe. 1941 Pudi\ BUday .a&.la Kauru: HilI! the Honourable Minister finally deeided to exelude every refugee lawyer because he is a lawyer? fte JIoDDarabIe SardM vaUabbbbai Patel: No, he is not excluded simpl1 __ ute be is a refugee lawver, but if a lawyer passes through the t ~, itaeD Ais eue will be conlidered. • • (b) WBl'I'BlI AlIswus DamaH PIIMon.L IX bDlA .• AwlY MI. ·1Iart Alit PrUld laID: (a) Will the Honourable Minister of Defene. bn pleased to l!ti6tt' the HUI/Iber of llritiKh personnel and their rank in the (ndiaD Anny before the 15th August 1947 and now? (b) The lIervif'I'I, of how many of these persons are proposed to be dispenSJeCl with and \\'lll'll:' (c) Whllt. will tIC' the numher aile) nature of employment of persons whOll'. it i. pmpost'li to rt'tl\in pE'rmanently 1 (d) Whlll art' t1w wrm" on which it i" pr"I'0sed to retain them? TIle Boaovable 8ardar Bakley 8tqh: (a) I lay a statement on the table of the Houlle. (b) Til(' 1I1.'rviot'l! of all British 'Officers and men at present in the Indian Anny will be dispensed with. except for a limited number who will b,#l retRinfld· for aenain periods no' exceeding three years, (0) No Rritillh Officers or men will he retRined pennanently in the Indian Army. Cd) I would refer \be Honourable Member kI the preas communique on MY. lubjeet iuued on ~ ~ Nonmber ~ . ~, (.) (i) Fi,II,.. or Rri'iah 0fII-. aNI O$her R_ka ~ ... ~ .... ~ A-...... ,..., III' ..... 1- 0IMr-. ~ lervi.. ~ t.o Wian..rwr • tad'_ Ann:¥ • -1M "nlielAolu .... AU ~ with ~ Md DeLal a.n-i ..... --...... n.c' ..... {Jai .. wIl, ..lI 8011' ...... to the ~ o( PMi ..... o.w ...... .,\IIb 8ervioe ~ t.o ladiaft .u., ~ IncH_ A""1 . &.3.114 1'Wa ~ ma eeni-. with I..u-~ I .... with 1ItIIiMI7 ..... I ...... Arl- .,. '.ou with 0rdaaaH ..t aD ... ~ "... Vai .. wNcll ... ~ ~ .. DIn I '. or Pall let.... ,it) Rank, h.ld w •• :- 1 ___ ~. Br9Ii .. s....a ...... uN .;j, A-r sod Lie"t.aan\ "')I; 53 J..leut_a ..\ 1.510 l.iO'f CAptain I.Otn '.943 Vajor • 435 I. "4 IJMI"CoIoneI . 136 NT 00I0MI .... ~ ,. Bripdl4ol' and abo .. I' STARRED QUESTIO:O (iti) The number of British Offieera and B.O.KS in t:le lali!u At·.llf (L\ 3,);.ll N>!1, ..IJ,,. 1941 is M follows :- British Officers B.O.R'e. It is regretted tha' it is not possible to give a brellkdown of these figures by ranks. Loss DUB TO DOUBSIONS BY PA.KISTA.NIS INTO THE INDIAN TlDRBITOBY 683. ·Shri Ajit Prasad laiD: (a) Will the Honourable Minister of Defenee be pleased to state the number, date and duration of incursions made by the people of Pakistan into any village or territor," in the Dominion of India? ~\ (b) What was the result of each of theRe i'lclJrsionsin terms ot 10sB of ru. and property? . . (c) How do Government propose to stop recurrence of such incursions 7 '!'he Honourable S&I'dar Baldev Singh: (a) and (b). Since the 7t.h Sep1Jem- her to the 2Srd November, there were approximately 42 border raids. It ia regretted that information in the detail required by the Honourable Member • not readily available with the Government of India. (c) Steps have been taken to post civil and military forces in a manner eal- eulated to prevent a recurrence of these incidents. Permanent measures for enBuring the security of the new frontit'rs of India Are under (' ' ,,' ~ t . SHUGOLING OJ' ABIla AND AMMUNI'tION Jl'ROM C.O.D., Jl1BBALPUB 1M. ·Shri BilwaDath Du: Will the Honourable Minister of Defence be pleas(>d to state: (a) how many cases of smuggling of I!rIm; and ammunition from the Ceniral Ordnance Depot, Jubbulpore, are traced out und detected ar.d with what. re- aulta; (b) whether any regular book account is maintained showing the prodnctiou and distribution of arms and ammunitions from month to month and year if! year; (c) if the answer to part (b) above be in the affirmative, whether any esti mate of smuggling has been D'.ade on the basis of the accounts maintained iT, the said Central Ordnance Depot; (d) the State or States into which such smuggling of arms und amruunitlen has been traced; and (e) whether Government propose to consider the question of instituting an inqt!iry into this question by a Committee 0· t.he HmHle? 'l"he lloDourable Sardal Baldev Singh: (a) None. Government are awve that individuals have been found in possession of unauthorised arms and amma-- nition but it has not been established that such arms and ~ u t hne been smuggled out of the Central Ordnance Depot, _ Juhbulpore. (b) Yes. (c) to (e). Does not arise in view of ~ answer to pari, (a). A discrepane't in machine-guns has been discovered in C.O.D. JubbuJpore lIS a. refmlt of stoe'.t- taking and a further check is being made. OO.8TITUDT .A8DMBLY OJ' IlIlDIA (1&G18L.t.TIVB) [80 DBa. ~' BsTUDATION IN GaoWTH OJ' INDl AN SPIRITUOUS llmVSTBY DUB TO l.B.B.BGtJLAB.lTm8 Ilf ExCIS. RJlQULATlOlil 186•• 8hIl J)emMir SWU'Up Seth: (a) Will the Honourable Minister of Fiuunoo be pleaaed to state whether Government are aware t ~ the growth of the Indian Spirituoua Industry bas been seriously retarded m the country OIl Il(:(!ount of lack of uniformity in excise regulations in different provincea and tltatea; (b) whether Government have received several representations to thia effuct made by the lnrlustry aDd Commercial bodies in the Indian Union; aDd (0) if 10, what action do G ~ t propose to take to bring about uni- fonnity in exci/le regulations and save the pharmaceutical industry from hard- Ibipil ? TIle JIoD.ourable 8brI B. K. Shanmukham 0b.ettJ: (a) and (b). Represen- tatioru have been received by Government to this effect. (G) As a nw.nbcr of representations have been addressed to Government, they bave brought to the notice of the Constituent Assembly that the question of indullion in. Union subjects of industrial alcohol, used in the manufacture of medioinal preparations, whioh at prcsent falls under item 4O(c) of List IT- Provincial Legislative I. ~ the Government of India Act, 1985, be consi- derl,d in all ita bearings, inGluding from the point of view of the advantagea that. it will bring about ill the matter of unifonnity in excise duties and regula- tiolls tt ~ in the various Provinces and States. FALUl'fO.,()WN OJ' NATIOllAL ~G HOJlJTl!:D ON I.E.M.E. WORKSHOP, AGBA He. -Shrl Damodar Swarap Seth: Will the Honourable Minister of Defence be pleased to state: (a) wbcthlr it is a fact that the Commandant of 509 Command I.E.M.E. WnrkRhop AgrR. was l'Csponsible for the hauling down of the national flag, aft(lr thu "nnw hnd beell hoisted on the workshop gate and I.O.R. barracks; (I.) wht,t1ll'r it ~ n fnet thnt. thn said Commandant had l'efused permission to tJw employees to hoist the \ ~ on August 16th; and (c) If tho answers to parts (1\) /Uld (b) sbove be in the affirmative, what aotion han. (lovenmlt'nt, t ~ in the tt~ The B.oDourable 5ardu Bald.., Singh: (8), (b) aod (0) This incident has alrtl8dy been brought to tile notice of Government who are making necessary enquiries. Suitable action will be taken when the result of the investigation ta known. F.qUALITY OJ' P.AY FOB I.C.S. .AIm P.C.S. DlIpUTY BBoanABDIS 58'1 ••8brl Lobatb JIIat,: Will the Honourable Minister of Finance be ple.ased to t t~ (a) whether it is " faot that offiCE'J"S of the Provincial Civil Service appointed . as Deputy Sf'QJ'('taries to the Government of India 8l'e ordinarily allowed their ,.;TAd" pRy in tho Provincial Civil Service plus Re. ~ as special pay whereas Offil'I'!"tI of the 1. C. S. appointed as Deputy Secretaries to the Government of Illdia IU'fI ~ the senior aoale pay of t.be I.C.S. plua a special pay of Rs. (()(); (h) the ron80n for differently regulating the emoluments of I. C. S. and P. C. S. Dt'put\' Sec.tehuiea and for giving much higher emolumenta 10 the fonnt'f than to the Intter for doing exaotly similar duties and shouldering simi- III~ re'lponllibilities: and (C') wbeiber Govemment propose to oonsider t.he advisability of stopping the above practiC'(' in view of the fact that the G I ~ of India haft reoentJy accepted the prinoiple of equal pay for equal work ... directive prinoi- JIlt' of. State poHoy' STARRBD QUESTIONS AND ANSWERi 1149 '1'he lIonourable Shri B.. X. Shanmukham Ohetty: (a.) Yes, in the case of pre- 1931 entrants. In the case of post-1931 entrants the rate is ;Rs. 400 p.m. only. If however, the officer appointed is a. substantive listed post holder in his parent Frorince, he gets like I.C.S. officers pay in the senior ~ sClile of the I. ."S.~ plUB a special pay of Rs. 400 p.m. (b) While fixing the terms for p.e.s. officers appointed as Deputy Secretaries, the Government have been guided primarily by the terms fixed for officers of the Central Services appointed to similar posts. The terms for I.C.S. officers are being regulated by the Superior Civil Services Rules which were formulated by the Secretary of State. These terms should be considered ~ special and it is not possible to alter these in view of the assurance ~ His Excellency the Viceroy's announcement of April 30th last that the Members of the Seoretary of State's Services who continue to serve under the Government of India after the transfer of power will do so on their present terms as to scales of pay, leave, pensionary rights and safeguards in matters of discipline. (c) Does not arise in view of the answer furnished to part (b) of the question. CENTBAL PAY COMMISSION RECOMMENDATIONS &68. ·Shri Lolmath Kisra: Will the HonoUrable Minister of Finance" be pleased to state: . . (a) whether it is a fact that the Government of India's policy accepting in toto the pay scales recommended by the Central Pay CornmiRsion for the officers and staff of the Central Secretariat and its attached offices, as announced in the Press Communique dated the 16th May, 1947, still stands; and (b) whether it is a fact that, the Ministry of Finallce eont()1nplntes to fix certain officerr. on scales of pay different from those recommended by the Pay Commission even if such arrangement ad\ (Jrsely aff('ets thOSfJ officers? The Honourable Shri R. K. Shanmukliam Chatty: (0) The Press communique dated the 16th May, 1947, announced Government's acceptance of the basio pay structure recommended by the Central Pay Commission and the principle of having unifonn all-India pay scales for the various categories. It did not commit Government to a policy of accepting the detailed recommendations made in part III of the Commission's report without further examination. (b) The detailed recommendations made by the Commission in respect of the various organisations have generally been accepted by Government. Slight deviations from the recommendations have, however, been found necessary in a very few cases for administrative reasons. These deviations by themselves do not adversely affect the pay of the officers. Co:aotUNAL DISTUBBANOES IN DELHI 669. Mr. B. Pocker Sahib Bahadur: Will the Honourable Minister of Home Affairs be pleased to state: (a) whether it is a fact that a large number of men, women and children have been killed in Delhi an(l its neighbourhood and also in rail\\ay trains from about the last week of August 1947; (b) whether it is a fact that Government were informed in advance of the likelihood of such occurrences especially of thoBe which took place in Delhi and its neighbourhood; (c) whether Government have taken any ~ to prevent such occurrences; and (d) whether Government propose to institute an inquiry into the causes and extent of the 1081 of liTeS and properties during the above occurrences in, Delhi? ~ OOBSTITU1DI'T A88BKBLY OP DmIA (LBGI8LATIVB)' [Se J)Bc. 194'1 The BOD01Uable Sardar Vallabhbhai Patel: (a) The Honourable Member', attention is invited to the reply given to question No. 107 by Pandit L. K. Maitra 011 the ]Hth Novemb{·r 1047. (b) Government had some indications that trouble was likely to occur in Delhi and neighbourhood and they took all reasonable precautionary measures, but the "uddtm onrush of a ver.v lnrge number of refugeeR who were victims of unima- f:inuble crut!1ticll and Ullrblmties from Lahore. bheikhupura and other parts of l'unjab seriously upset the positioll and the desertion of the bulk of the Muslim elelllent of the I)olice foree. which was in majority at the time, seriously crippled the eftectivenesa and efficiency of the Police force and until effective Milit&rJ and l'olice str('ngth could be brought to Delhi from outside, the disturbances could not be brought under control. Even then, Government feel that they were on top of the situation in a much shorter time than elsewhere. (0) Oovenunent have taken all appropriate steps. (d) No. HrGIII" ' ~ . TII\ltftNG J'OD mu.If S'1'11DlI1n'8 DROA.D &70. ·Sbrl S&tlsh OhaDclra S&mut&: Will the Honourable Minister of Health be pleaaed to atate: (n) what steps Government have taken nnd prop08e to take to provide Indian Student. abroad with faciJ:tie. for higher training in Medical and allied 8ul)- jects; and ' (b) the amount of Scholarahlpt and the number of recipient students (Pro- \'~ ."' ) from dilfprent Provinces of the Indian union for the purpose, during tb .. 0'1'111'11 Ul-i6, 1Q.C7 A ~ ln4A? 'I'D, Honoarabie BafJnlm&rl Amrlt 1C&1Il: Ca) A scheme was started in 1946 for lending a certain number of medical graduate. with outstanding qualifica- t; "~ I,., th .. JI·';'"fl (' " ~" ~ ' t'.~ ~t t of America for higher training in " ~ m .. dit'Rl cpntTNI in tholle countries. (h' " "totl'm,,". cllOl";"" .~ .. Tfltp. nr .. ,."n1'1 .... hiTlII .",tl t.he number of \~ . dfltt11 lIe!,,('lpd ill 1{).U' n'I" 11)47 il laid on the table of the House. No selection haa yet been n1ftde for 1948. attn-' ItA""';"" ,'~ .... ,1' ..., -e""' ...... in ..."" .,,~ tI·,totMr 01 Clf"""''',.. srekeletl ... 19111 nn4 19n tor ttt'dy nbmttd i" .-lienl CMCI nil,. 1IYhjedIt. Rat. or Rcholanlhipe. A t. (In.,,,,! a",l "-,,. hrirllZtl 14110 per annum fnaluaive or tT ~ t ~ nnet of liviDq: oonllL .~t ll"l" ...... "i. "thflT' than liOO per annum inclullive of O'lro'd I1rr rpmhlnre ('('lIt of Ihing bonua. . 1180 per menaem. Number of Nwnberof .".dent- stu(Iente ..1etotet1 lIlIIea1ed in 1946 in 1947. ...... 20 30 t\ .,8 )",,1,..,. 1\ 11 ·mba,. 3 8 \' r. !! a (" ..... Retw ~ i y. ill"r 4 41 (l";- 9 3 ,,~ llfo .. .,.1 :. 3 }'" ..t ",u-J-b Ii 1 AMaIQ STARRED QUESTIONS AND ANSWERC:; 1151 EDUQATIONAL 1"ACILlTIBS AND WBLlI'A BE .Amu.NGEMENTS FOB INDIAN STUDENTS A.BBOAD • 671. ·Shri Satish Chandra Samanta: Will the Honourable Minister of Edu- cation be pleased to state: (a) what Government have done to provide educational facilities and wel- fare arrangements for Indian students abroad and what sum has been allotted. and spent for this purpose; and (b) the amount of scholarships and the number of recipient students (Pro- vince-wise) from different Provinces of the Indian Union during the current year? The Honourable JlaulaDa Abu! X&lam Azad: (a) Provision of educational facilities and welfare arrangements for Indian students abroad is done by the· Education Depil.ltlllt!lI t of tht! High C,1Il1mi»s;ollt!r for I IllLu at LOl HIon, the Educational Liaison Officer and his stAff in the Indian Embassy, Washington, for the U.S.A. and Canada, and the High Commissioner's Office in A\ ~t . The officers at these places arrange for admission of Indian students to Univer- aities and other educational institutions and also lOok after their welfare. Wit,h regard to welfare arrangements and accommodation of Indian students, parti- cularly in the U.K. where the position regarding accommodation is difficult, the High Commissioner's Office have taken special steps to look into the queRtion. Hostels have been established during the last year for Indian students in l.on- don and Edinburgh, and the High Commissioner's Office maintains an up-to-date list of suitable lodging houses in London. A proposal to establish another hostel in London to serve as a Reception and Transit Cllmp for Indian students has been sanctioned. A similllr hostel for Indian women students has been already taken over by the High Commissioner on lease. A statement showing grants for providing accommodation to Indian students in the U. K. is placed- on the table of the House for information. . (b) A statement showing the required informa.tion is placed on the ta.ble of the House. Accommo- Grant of EXpBndlture B.No. Name of Hostel dation Recurring Non-recurrIng Remarks. 1 2 3 4 5 6 ------I Y.M.C.A. £250 An old !,"'ant still contillllf,d. 2 International Club anr! (a) £;;1)1) (aJ 1941)-46 Hall, London (b) £500 (b) O'relora IInrier i88 1le 3(a) Indian students Hoatel 60 • £45() t £3,500 ·For 5 years from at Kensington Sq uare, J9 1 2 3" 5 6 ., New HIJIIteI at prhr>O!le S..., ,_ NwrtlMr oj S,.,.,." wAo /waVl ,....iwd ~. t Ultder tlie over-. 6OItolar.hip SchemM 0/ the Gov.mmettt OJ lttdia i,. 194'1. (a) OmII"cM G ~ Scholar •• IIIW )fame 01 ProVIDOe Nambea-of eoholara sent to Rate of aobolanihip per aoholar, per Duration Total amount of .0- V.lt. V.S.A. Year. of scholarship in Remarks Scholarship 1'IlIoIpect of eaoh V.K. U.s.A. Provmoo. I 2 8 4 Rs. Ra. 7 RlI. 9 15 6 8 1 A.-m• 1 7,490 11,240 2 years. 37,460 I Bengal • • 7,490 11,240 1,19,840 8 Bomba7 1 74,90 ,~ , ~ , Bihar 1 .7,490 11,240 14,980 Ii Delhi 1 7,490 11,240 22,480 8 Madru . 6 4 7,490 11,240 1,79,800 7 Punjab . 3 7,490 11,240 82,420 8 Sind 2 7,490 11,240 44,960 9 U.P. 1 3 7,490 11,240 82,420 10 Coohin State 7,490 11,240 l,t,980 11 Baroda State 7,490 11,240 14,980 12 MyeoI9 State . 2 7,490 11,240 [;9,940 13 Travanoore Sta,!! 2 7,490 11,240 52,440 14, Pudukottah State 1 7,'90 11,240 22,480 TOTAJ. 7.86,640 Entire expenditure ~ be borne by th Govt. of ~ .. ~ l ! I 1 c c c.. r : : ..I 0 ~ ~ ~ ~ ~ ~ ~ ~ I ...... -...... 3...... ~ I ! ! ! ! ! ! ! ! I ... .. GO ...... ...... J ~ ~ ... .. lit • IQ CI t- GO STARRED QUESTIONS AND ANSWERS 115& AonON A.GAlNST OFFIOER:; WHO PEBPET.aA.TED ATDOOITlES AND FINANOIAL AIDS TO SUFFEBEltS DUBING STItUGGLE FOB FBEEDOM 672. ·Shri Satish Ohandra S&mant&: Will the Honourable Minister of Rome Affairs be pleased to state: (a) whether Goverrnnenl propose to take any action against the officers who . perpetrated atrocities on the people during the days of struggle for freedom before the 15th August 1947; (b) if the answer to part (a) above be in the affirmative, what steps, if any, Government have taken and propose to take in this direction; and (c) whether Government propose to grant financial and other suitable aid to the fsmiLes of persons who were killed and to persons who were injured durillg the lust Freedom Movement? Tbe Honourable Sardar Va.llabhbhai Patel: (a) No. (b) and (c). Do not arise. ABCIUWLOGIOAL SITE."1 .. OBISSA AND EASTERN STATES AGlIlNOY 573. ·Shri Lakshminarayan Sahu: (a) Will the HOllourablt' Ministt·t· of Educatioll be pleased to lay on the table of the House a complete list of the archaeological sites and remains in Orissa Rnd in the Eastern States Agency? (b) In what places in the said tl'rritories are excavations go;ng on at present 7 (c) If 110 excavation i;; going on now, have Government in view any sites in the said urea which will be taketl up soon? (d) Do Governnwnt propose to take up excavation in the Baidh Keonjhar and Patna Stutes in the Eastern States Agency and also in Sishpalgarh at Bhubaneshwar in the district of Puri (Orissa) and Ratnagiri in the district of Cuttack'l The Honourable Kaulana. Abul Xalam Azad: (a) No complete Jist of the. archreological sites and remains in Orissa and in the Eastern States Agency is available. A list of the 36 archreological sites and remains in Orissa. protected under the Ancient Monuments Preservation Act is placed on the table of the Bouse. • (b) It is understood that at the present time no excav\ltions are going on in the territories in question. (c) The Arch·eologicol Survey has induded the site of Sisupalgarh at Bhu- baneswar in its programme of fieldwork for the next two years. (d) The ArchlOOlogical Survey has no jurisdiction within the States. In- formation in regard to Sisupalgarh has been furnished in reply to part (c) of this question. SJatr;mc:nt IMc oJ anoiatat protected llitu and remain8 in ONB8U. Serial District Locality Name of monument. No. • 1. Cuttack Barabati, Cuttack Cantt. Barabati fortress (ruins and remains of aD Khasmahal ancient edifices except the mosque at. BarabBti). 2. Ditto. Haveli Lal Bagh JaJpur 4, ColoRs8.1 images named:- Bub-Div. in the com- 1. Varahi. pound of the B.D.O'B. 2. Ohamunda. quarters. 3.Indrani. 4. Kalijuga. 8. Ditto_ Ditto. 3. Bllddhist images ------~----~------~------.....at Dlatrtct Name ofmonement No • Outtack Ririapllr The 'fal.r.. tta bridge known 88 Anthanma1a ( ~ ..rella'l bridge) and a1ao 88 Tantulimul bridge. Ditto. Ditto. The 'ionaJith (a ma.ive stone pillar) also called Chandll!'lh"ar pillar. Pori Jagll1ara. I'i rnilea frOID Ancient rem,"ne on both Khandagiri and Udal. Bhuvaneavar Ry. Stn. giri HillA. Kllllrcia Sub·Divieion. 7 Ditto. Puri SatJar, on the .fagan· Atharanala Bridge. nath Trunk Road ' ' 'I -,, ~ , ' . .~ ('i.,: • ~ miles from InspOOtion BungaltJw 9 Ditt'). Kl,ul'·la, Pf'!. nnr! Ruh. D1I"',I; ft..".l, irw'rhtion of the odillt.e of A80k .. IJivilrion. t t ~ with tlte etona·built eheltel' in froDa and the eloplunt lICulpture iJllJlJ8diately ..baft it. 10 Ditto. Bh'1\',meavaI\P.S. IOllIrda Raja Hani terr. pI..,. \ Sul,·Dh·isICin. 11 !litt<.!. SiBupalgarh. Bhubneswal AneiAnt town·sit.... 12 Ditto. Dhalllipfll'Bd Small rock cut ".lIl. 18 Ditt!>. Baragarll H&TIleBhwar temple. 1. IJIt.to. Ditt .... Nahakeawar temple. 14 Ditto. DhublUl8War ChitrakBmi temple. 18 Ditto. Dftt(>. Bakeewar temple. 17 Ditto. Ditto. MakareRwar temple with ite minor shrine&. 18 Hltto. Dittc>. )fukteahw&l' temple with itB minor ehrinee bui exnlucling the \Jurich kuada. 19 l)jtto. Ditto. SlddheswlU' temple with ita minor mrm. in the ""m"'-Hlnd. 20 llitto. Parrmra!JlllRw"r temple . • 21 Ditto !>faitreswar temple with all the minor ttrmplel in t.11!' "t.llIlpnlln'J. 2f Dltw. Dlttn. Sari t~" ~(). I. 23 Ditto. Ditto. Ananta liaMudm'a temple. 24 IJltto. Ditto. Sahaaraling" Tank. 23 Ditto. DI,to· &It&1 tfloruple . tf! Ditto. Ditto. •fameehwar temple with ita minor ahrineL 27 I>tilo. Ditto. Lord L ~ femple with all the minor ~ in the ('oml>O'lIld 811 given below: I. Pal'h"ti temple. 2. Ovpahuu temJ1le. 3. Amalli& Well. ... ChandCflwar deb. ri. AHtamurti. II. La ....keehwar temple. 7. Sakreehwar temple. s. <hidoai temple. !l. Sahitri Dod t<)m;>le. 211 l)jllo. 8rahmlWlwar temple with ita minor allriDM Ia thl' rOlllpo,m'l. n Dit.to. Ditto. B ....kareewar tt-tllple. 30 Ditto. Deall."hai lUftRheehwar te'!"ple with ita minor ebrinM. II 01lnJaIU 'aupifa Aeon I'O<'k iJ18('riptiona. at DlUoo. KottakoUa Oanptlbara and .1aga.leavara WmpleI OIl Brudhakolla biD beyond the vii. ~ of KoUakoUa. sa DiU<). Mobendrtltiri KointB temple. ,.I Dino. Ditto. Yuclhiahthira temple. H 1>1*. Diu.o. Bhima tGruple. • Itl l>itto. Sali hunrlcm (11) II) Bmldhiet rernaine ofchaitya ADd foar lItuI'M 011. the eutern eide portion of s.a. hundam hiD. . (n) Imapt on the hiD and in Survey No. nIL (6) Three ~ in the gradng ground held. lthoetpUtM oWl*! by 'l'rudee. . 1 • ..w Bodbi .....,.., with Dh1aai Buddha. J. ~ (A ~) &lid I. Mariel. ghARka ij6k§hON§ fiB XNSWll!A§ hUi MODIFICATION OF ARMS ACT AN]) A VAu',OU.ITY OF ABMB TO PuBLlO 6,74. *Shri Bar Govind Pant: (a) Will the Honourable Minister of Home Affalrs be ~ to sbtc if Gi)\"ernment propose to modify the present Arms Act, and if so when and in what respects? (b) What steps Government propose to take to make more fire arms avail- able to the citizens? The Honourable Sardar Vallabhbhat patel: (a) No. (b) The matter is under consideration. OBDNANOE FAOTOBIlllS IN INDIA 675. ·Sbri Bar Govind Pant: Will the Honourable Minister of Defence be pleased to state: (8) tbd Humber of ordnance factories started in India during the war; (b) the Humber of such factories lying idle at present; and (c) the lise to which such factories 61'e proposed to be rut I '.l'he Honourable Sardar Baldev Singh: (a) Ordnance (including Clofuing, Harness and Saddlery) Factories, 20, (b) None of the existing Factories is lying idle, Of the seven Ordnance Factories started during the war six are working, while one (the Bren Gun Factory at Hyderabad) has been disposed of after its machinery had been re- moved to India, Of the 13 wartime Clothing Factories many of which we1'8 on leased properties, all but one have been disposed of, One Factory-the Clothing Factory, Cawnpore-is still working. (c) Does not arise, RlIlCBU1TMl!INT AND PROMOTION IN IMPERIAL SJaCJU!lTABIA.T SlDltVIOlD 676. *Pandit Hilday Hath Kunzru: (a) Will the Honourable Minister of Home Affairs be pleased to statr whether there is an Imperial Secretariat Ser- vice consisting of two classes, Class I and Class II? (b) What is the method of recruitment. to these Services 1 (c) Is recruitment made for the Secretariat as a whole or sepl'Lrately for each Ministry? (d) Are Government aware that in some cases, only the claims of men serving ia a 'Ministry have been considered for promotion in it, with the resul1J than third division of clerks and even outsiders have been appointed as Assist- ant Secretaries? (c) Are Go\'('rnment aware that this hus given rise to serious' discontent- ment among the members of the Service? (f) If so, do Government propose to have a common roster and regulate the promotions accordingly? '1'he Honourable Sardar Vallabhbhat Patel: (a) Yes, Class I compriseB of poets of ASBistant Secretaries, while Class II consists of the postB of Superin- tendents and Assistants, (b) and (c), The posts of Assistants are filled by direct u t ~t on the results of a competitive examination held by the Federal Public Sel'Vlce Com- mission subjPct to the condition that so long ss thert:! are emplu)'ecR in the clerical establishment in a Ministry who were recruited before the 1st April HMO, 50 per cent, of the vscancies in the grade of Assistants are to be reserved for them. Appointments to the posts of S t~ t Rnd Assistant ,secretaries 81'8 made, as a rule, by selection from among the Assistants and SuperintendentB, .respectively, employed in a particular Ministry, (d) Government are not aware of any such instances, 1168 OOUTITUBU A88EJ1BLY or INDiA (LBGISLATn'E) [SRD DEC, 1947 (e) Does not arise, (I) The question of re-organisation of the Central Secretariat as a whole ia. under examination by the Government of India. The suggestion to have com- mon 1'08ten is being considered in that connection. RBOBU1T)(JIlNT 01' SoLDIBBS FBOK ALMODA DlsTBIU'l' 111. ·Sbr1 Bar GoriD4 Pat: Will the Honourable Minister of Defence be pleased to state: (8) the Iluplber of soldiers recruited from Altnora District of the United Provinces, dunng the la.t War; (b) the total number of regiments munllt'tl hJ the aforesa:d recruits; (0) the n1lmber of Regimeutl manned hy them, which are now proposed to· be retained; (d) whether Governrllent lire !lware or the t~ of District Almora, In partimJlar and the Divillion of Kuma un. in general, as It reeruiting area, in 'riow or W ~ t P':lIJ8b '111\'1111 ~ out of India, (e) the usc to which Cantonments of Kumaun Bre proposed to be put; and (C) whether Oovernment propoae to open 11 Military Training Centre in Rumaun, in view of the facilities available? TIle BOD01U'&bll 8&rdar Ba14ev Smp: (B) 28,569. (b) Generally speaking, almost all paNons recntited from Almora District are Rumaoni8 and the majority of ~ are in one Regiment, namely, the Kumaon Begimcnt. (0) The Kumaon Regiment ia being retained. (d) Yea, Sir. (e) There are 8 Cantonments in Kumaon, namelv, Ranikhet. Almom and Naini Till. Of these, Rpnikhet is not. to be given \;P, The question of the future of Almora and Naini Tal 8S Cantonments is still under consideration. (f) No, Sir. Government are ~ the possibility of reducing the pre- lent number of Infantry Regimc'ntal Training Centrell. The opening of 8 fresh training oentrc at Kumaon is, therefore. unlikely. 'MOJfOPOLY OJ' 11'0a810N N8WS A08NOIBS Ilf DIsS.IIINATlON 01' NBW8 I'ROM INDIA 'l'O Foa.loN CoUN'l'BtB8 m .•8hr1 B&IW'Il Pruacl .1111Dljhunwala: Will the Honourable Minister of InfoMnntion and ( t ~ he plensed to stRte: la) whether Oovenlllll'!f1t are aware tJJat foreign news agencies still enjoy 'firtu.l monopoly in the dissl'lninatJon of news from India to foreign countries and from foreign oountrics to lndia; (ll) whether nOVI'rnmf'nt· art' aWRl't' that in the recent critical years of the oountry; 's t. \ ~ ' for (~ t' ('(' t lip foreign news agencies did not confine tht>mllfllv('11 to ohjl'('tiVt' l'1'(>!\l'nlRtioll of news but acted as handmaid of their Governments to the detriment of Tndia '8 interPsts; (c) "'hptlwr Oov.-rllmenl RrEI nWRte that the foreign news agencies have drained the oo\lntry of huge lI\lm!! of t ~ by way of profit from 8ubscriptiooa t;brv (1'M'iv(>1l rrom hundred!! of nE"l\'!lp"pent nnd commeroial firms in the country and OO\'N''tlmentul nnrl !!batl's ~\ (\ in one form or other. which. during war yenTS. ill ht'titwM to havE" heen OVi'r twenty lakhs of nlpees llDDually; and (d\ whAt \t ~ Oo\'emmp.nt have tnken or contemplate taking t~ R view to t' . \ t \~ nil forlllS of exr-1oit-ation of India's S u ~ by fO"t'HZD ~ " (\~ ~ STARRED Qm:STlONS ANIl ANSWERS 1159 The HoDourable Sardar VaUabhbhai Patel: (a) Government are aware that .in the absence of a well-established Indian non-official news agenoy, almost the -entire external traffic in news is in the hands of foreign news Il<;,encies. (b) I would refer the Honourable Member to IPY replies to questions Nos. 257 and 313 put by Mr. R. K. Sidhwa and Pandit H. N. Kunzru respeotively on 25th November, 1947. • - (0) Government are not aware of the subscriptions paid by newspapers and commercial firms. Government do not subsidise any of these agencies. (d) This is a matter in which non-official news agencies or newspapers must show enterprise. SIGNING OF INSTBUMENT OF ACCESSION BY STATES 519. *Shri ][anwar Sbamsher Jang: Will the Honourable M;nister of States be pleased to state whether it is a fact that some States have Leen asked to sign an Instrument of Accession other thun the ODe which \l'as agreed upon by the Princes nnd the States Department and approved by the then Crown Representative, before the lapse of the Paramountcy 1 If so, why? The HoIlour&ble Sardar Vallabhbhai Patel: I invite the Honourable Mem. ber's attention to my answer to a similar question by the Honourable H. B. Lala Raj Kanwar on the 19th November 1947. GRANT OF LITI .~L E S () ~ 180. *Shri Jlohan :r.J. Saksena: Will the Honourable Minister 1)£ tltates be pleased to lay on the tahle of the House a statement giving the names of the political pension-holders, the amounts of pensions paid to each of them fln(l the reasons for the gTllnt of !mch pensions? The Honourable Sardar V&ll&bb.bhai Patel: I have ~ on the table of the House a statement·showing in broad outline the nature of the pensions and the amounts involved. 'The ppnsions included in th;s stntement repre!'!ent, thr! pro- vision made for the descendant:'!, relatives and dependants of the former Rulers of any territories in India. In addition, the Govemmeu.t ?f I!1dia also ~t pensions of the order of St lnkhs of Mlpees per yeSlr for dlstmgUlshed anCl men- torious services or for political considerations. The preparation of detailed statements showing the actual pension holders and the amounts which they in- dividually 'receive will involve time and labour which will not be commensurate with the result achieved. Stotemeftt oj PolilicGl PemiOftB Serial PensiOIlB payable in I~ A Appro",. Nature of the nharges. No. am'lIInt per ann'lm. C'amatie ~t I .S~. Representp provllIJon rna' Ie for the ,les· cen,lalltB of H,e Inst Nawab of the Carnat;" and includes tl,e perpetual J'WlRi'oflR of RA_ 1,1;0,000 per annum to the Prin' e of A '-(,ot. - 2 TanioN' PCnsiollB I fl,()(}l1 Pon"iol 8ertal PenilOD. payable In INDIA Approx. Nature of the charges. lfo. amount per annum, • 6 NtlCPur BW'hanahah Family DO,OOO PenaiOfUI II8I1ctioned to the grandson of PerwiODB the last Raja of Nagpur. 6 BbODBla Faruily P_ioll8 81,500 Pensions granted to the members of the" Bhonsla !'amily of Nagpur. 7 8arat Nawab'. Family Pen· 62,000 Amounts payable to the descendants of • 1Ii_ the Nawab of Surat. B 8atare P-aODB 30,000 PeJllIiollR continued to a deecendent of the last Raj a of Bat.a.ra. 2,34,800 PensiOIlll granted to the members of the lIii:.:arnat faluilieB of Murshedabad an,1 ilwlud08 the annual stipend of Rs. 2,30,000 payable to the Nawab Haha:lur of Murshedabad under AofI X\' of 1891. 10 Oud1l Famil¥ PenaiOnB 10,100 r,iCe peu.lIiolUl gTauted to the descendant. to uf the IBlit King of Oudh. 11 Khwda Family }'ewnona 25,600 Poosior.s granted to a deeeendant of the -Raja o( Khllnia. I 12 Delhi Family Penaiona 31),000 Pensiulls payahle to the descendant-s of members of the )[ogh.,1 Ruling family' 13 pena/nrUi to Mahar&tt.a 8a1ia. Pensiol18 1>11.,".1,16 ,Jut of the ",,'enu6ll" na<11U'II of Herar w!.it!h W6", accepted by the Go\onuGent of India after Berar waa ..hied to the C.l'. l' Uther 1'00000on. IIO.23,{\()0 lli""eUnuoo\ls Politieal PeJllIioIl.8. lterlal 1'81UUOIUI I ~" u in ~SGLA ' Appl'''''. ~ t of the charges. No. 61UOunt per annum. 110,000 PIlYllhio to t.he uesrondants of the Raja of Lahore. t Benpl Ni_t family Pen· l..!.OOO Yinur IJthlIJiolls granted to the membera lliona. of t.he Nium at family. ELECTION '1'0 COURT ~' UNIVERSI1'Y OF DELHI Ill. Sptahr: I have to inform the Assembly that upto 12 noon on TuesdaY. the 2nd Deoernbt-r 19.17, the time fixed for recei\"iog nominations for the Coud 11 N 01 thtl l'ltiHu"l:iity of Dolhi, twdn' lIom'nlltions were received. As the 00ft I \ I '~ of l'andid"tea is equal to the number of vacancies I declare the foUowing meillhers to be duly elected: (1) ]H. H. C. Mookerjee, (2) Prof. K. T. Shah. (8) Dr. Bakshi Tek Chand,. (4) Aohuye.J. B. Kl'ipalani, (5) Dr. P. S. Deshmukh. (6) Acharya Jugal Kishora, (7) Be., Jereme D'Souza, (8) Che.udbri Nihal Singb Tank, (9) Giani Gurmukh th.nah Muaafir. (10) Shrimati. G. Durpbe.i, (11) Shri R. Sanlbanam aud (12) Nawab Kuhamad Ismail Xhan. CHILD MARRIAGE RESTRAINT (AMENDMENT) BILL Pandit Thakur Das Bhargava (East Punjab: General): ~ ..Speaker, Sir, ~ beg to move: "That the Bill further to amend Lhe Child Marriage Restraint Act, 1929, be cc.ntinued." L IJMSlA oj l:1,rv d.... ~~ ' r ~ L Jot 'IJM' -~ t..s circulate ""1 6S ~ dJ ~ ~~", ; &f! ~' ~ ')~ IJMI -bt-4,S circulate ~ &S I+i '" ~ ~ ~ t- ~ JL..I -~ ~ vt:t' ~I) ~ Jj ~, ~ ;-;,'X! Qlr ... Woloij oj jl uJ 6S ~ u,s ~ ~ ~ u,..., ~,-' T)~ -..JlT t..s continue ,,', llT !.tl> An amendment to the Bill was placed before the House on April 2, 1947', that the Bill be circulated; and it was deoided to circulate the BilL. Since a few opimons on the matter have lIot been received from the different Provin- ces, 1 am obliged now to Ill'JVe only the motion "that the Bill be not let down, and be continued." Mr. Speaker: The question is: "That the Bill further t(, aweno the Child Marriage Restraint Act, 1929, be continued." The motion was adopted. INDIAN PENAL CODE AND THE CODE OF CRIMINAL PHOCEDURE (AMENDMENT) BILL Pandit Thakur Das Bhargava (East u ~ General): Sir, 1 beg to move: "That the Bill further to amend Lho Indian Penal Code and tho Code ot GriminaJ Procedure,. 1898, be referred to a Select Committee con,isLing of Mrs. Renuka Ray, Shrimati G. Durgabai, Shrimati Kamala Chaudhl'i, Mr. Naziruddill Ahmed, Shri J808pat Roy K&poor, 8hri Deshbandhu Gupta, Shri K. Santhanam, Sbri Mohan Lal Saksena, Shri S. Nagappa and the Mover, with t u " ~ tu report t.cf.:re the first day of the next ~ of the Assem- bly and that the number of memhers wh,,;c presence shall be necessary to collstiLute a meetin, of the Committee shall be five." Sir, I have placed this motion anew before the House. As a matter of fact a similar motion was placed before the House on the 2nd of April 1947, but un- fortunatcely that motion could not be completed owing to the shortness of time. Now I have placed this motion before the House in the hope thllt the House will agree to this proposition. or if it is the desire of the House that the Bill be circulat€d for opinion, I will not oppose such a motion provided that the opinions are received in such time as would enable me to press for the succeed- ing motions and get the Biil passed in the Budget session. Sir, before I proc€pd to. the merits and submit for the consideration of the House my reasons why the House should be pleased to accept my motion, I will, with your permission, give a brief history relating to the age of consent. Sir, in the olden times, I should say from the oldpst tImes known to history, the consent of the girl bas been regarded as indispensable before a man is allowed to touch her person. In the oldpn days when the laws of Manu were enforced, a pers'm g'lIiltv of fit] () t ~ ' of rane COUld be sentenced to death. From fine to neath W31; the range of punish 'I·nt provided by the ancient law-giver. Ac- eording ~ Islamic laws, a man who was guilty of such a heinous offence as rape was liable to be sentenced to death by stoning or a hundred stripes. That was \be punishment given. Sbrl .. .&nanthaaayanam AyyangBr ( ~ General): 'Or' or 'and'? P&D41t'l'bakur DaB Bhargava: If the sentence of death was enforced, there' ... no occaaion for strIpes being given. ( 1161 1 1162 OONSTl'lU£!(T ASSBllBLY OF INDIA (LBGI8LATIVB) [an ;DEc. 194:7 AD BoDour&b1e Kember: After death. Pancl:t '!'baku naa Bhargava: It \\,,~ ;11 1B28 that an Act was enacted which provided that if th,. age of the j!irl W:l1; below 8. death was to be the penalty. After that. in 1860 when thtl Pt'ntLl Cod(> was enacted. the law was ~ . and if a person was guilty of rape a!.r} the ftl!e of the girl was less than 10 years. 1LI:n h" could he gi\,t"U tranaportlltioll fur iife. This punishment '\'3S provided in both QaBeIl, in extra-marital as well as marital cases. In 1891 the law waa changed and it W8I provided that in intra·marital cases if the age of the wife W88 "leu than 12, the husband could be punished. A case reported in 18 Cal- (lutta 62, a very famous cose of thc, "If tbe DIU did !CO to a PeJec:t CommitlA!e, it would 0I11y go on the distinct. \ ~ that the ..notion did not. I ~ to marital relationa. and that in the cue of gin. ..ho' "8ft ~ . . and under founlftl, the pliniabment ,hould he materiaUv reduced and placed in .. • tu' ~ limillr lnel to that. "bieb obtained in England." So it nl't'tlrn; thnt ~t; . In-·h .. ,1e"o" "I ~ n",ver"m"nt. th:s Rill 'W'l8 nip,)(>d in the bud and it WII8 not allowe-d to get b"yond the stage of circulation. Then again in 19'M an attempt wus made by Dr. Hari Singh Gout' to Amend tbfo Jaw and he brought in " Bill in 19'>..4. The Bill was referred to ~ &I(>Ot Committee and ultimatelv when it. emeTl!ed r·ut of the Select Committee and came to the Bouse an anielldment W8S carried ~' the House which ohanged the .. to 16 in the oaIe of extra·marital casel!; and another amendment WIlIo car- rioJ In' "'hit,,, tilt' ~' WI'I! im'T\'nl!r>tl. in r .. ~ to intra·marital cases. to 14. Bul till' (iUV •• tlllllf'nt "r i1w lillY did not like thl' ~t~. Whf'n the amend· tnt'llt. in "'!t1l1'" tn intm-mnr;tnl ~ WI\S IIl1hip to 14, t,he result of thp votinfl W8M thnt.. 41) \\"('''' , ;.' fnv<,ur Rnd .til R'.'"U;Il!lt T ~ ahout Id Govenlment \' tt ~. all tI.,. Oovemment. did lIot. like thE' ehnnge for rellllOns which I shaD indi<'ftte s\1baeqllently. Th ... Rill was 1Iltimnt.f=IY defeated in the House and the ~ I t wnll thAt !).f volt''' W ... re rut alr.\inst the Bill whi('h ill(lludt'd 24 votes of the M ... mht>rs of the Oovemnu·,'t and thpir flRrty. Th" Rill WAR d .. ft"8ted by tbt' votr> of Illt' Om'e"""'lpnt· "'(, \ ~ ' thl' Om'emmpnt of the \~' did not lib thAt the A,.~ "hould b"l in"N'nllcd to 14. The HnUIe mav wonder why the G ~ t of the day did not li1te thi" ( ~ ', Tbf' reall"n '" not fftr to set'llt: it WRR R non.'N"ntionai G ~ t. This (l«w('mmf'nt ,,·hit·h ('OIIM IIM1illb Mti ~ not, li1ct" thot the 1U!f:' of <'onaent should "e millpet ('\""" to 14, what, to spf'ak of ttl IInit lS? This RIn"'of consent in regard to mnrital ftvell bu a vt'n Q'l"eRt MArinI! nflOn thp ('h8l'Rct..., of the ooofJ1e, upon th" "hnitlUf' of the Tlt"OTll(> and IIflOn t ~ matters which 't'itally .mncern the nRtion: And lb, foreillD Oovt'mmt'nt did not want that Indian9 MhouM nse .. tht>;r 'nll ,.t .. t"N', .}.", +1"" ...hfl"M lop ".~; t (' or th"t thE"V "h"uld havp thf lIf'nfO tn !lhmit ~t ;"; t th" f1o,>t>mm".,t . T ~ .. fn"", ~ thnt (lo\"ernment wRnted to ~ thE> IndiRM. it did not lik ... th ... iitf'1l of t ~ thE' agE> of conseat. L'iDlA1f PENAL CODBAMD TB:!: 'OODE OF CRIMINAL PROCEDURE (AMENDMENT) BILL 1163 Now, Sir, the Indians did not take it lying down. Again a Bill was u ~t in 1927 but in between, Government could not resist the pressure of public opinion; and the Government itself brought in a Bill in 1925. The result of that Bill was that the !loge of consent in regard to intra-marital cases was raised from 12 to 13--0nly one year's increase. In 1927 again, as stated above, Dr. I lour brought forward a Bill for amending the law, and it was during the course of discussIOn on this Bill that the Government were forced to appoint a Com mittee known as thl;\ A~ of CQnspnt Committee. 'I'he Committee originall) consisted of six persons to which four members were added as the representa- tives of this House. The Committee spent something like Rs. 2,88,614. It was presided over by an eminent gentleman, Sir Moropant Joshi. The other members were-I am just giving the names of the members to show that t ~ Committee was representativfl and its report should be given due weight--tht other members were . .Rai Bahadur Pandit Kanhaiya LaI, Retired .Judge ()f tf... P. Allahabad High Court, Mr. A. Ramaswami Mudaliyar, lately the Leader of thi8 House, Khan Bahadur Mahbub Mian Imam Bakshi Kadri, Retired Ses!:ionl Judge, Mrs. O'Brien Beadon, :1 doctor, Mrs. Brij Lal Nehru, Mr. S. C. Mitra, M.L.A., Myself, Maulvi Muhammad Yakub, M.L.A., and Mian Mphammad Shah Nawaz, M.L.A. These ten persons were appointed; the Committee made its Report in the latter portion of May 1929 after it had toured all over the country and took the evidence in the dil1erent Provinces. The Committee visited Lahore, Peshawar, Karachi. Delhi, Ahmedabad, Bombav, Poona. Oota- camund, Calicut, Madras, Madura, Vizagapatam, Dacca, Shillong, Calcutta, Patna, Benares, Allahabad, Lucknow '\nd Nag-pur. The CommIttee examined orally aboul four hundred witne'lses. It sent, its questionnaire to morp, than eight thousand people and a very great number of written statemellts were re- ceived. The Committ-ee examined many theologians. merlical t~, orthodox ladies. educa.ted ladies, old men, and all others whom the Conunittee thought would he able to give opinion in t.he matter. T ~ Committee mn(lp, a unanimous Report. But during all these seventeen years except for giving support to the Sarda Bill, the Government have not taken the Report seriously and the rea ",on is obvious, as I have said already. Now. Sir. I have brought in thif; Bill, and the chief recommendations of that Committee have been incorporated in the Bill with a few exC'eptiotls which I shall have oecn"ion to speak about later on. In regard to those exceptions I' myself appendp[l note!! of dissent and I have in this Bill given effect to those notes of dissent- Sir. the J)roblem .is v.ery ~ . On ~ t of child marriage, there is pre- puberty consummatIOn m thiS country; there IS also early consummation on RC- count of child marriages soon after puberty and this is a great evil which we want to ostracize from this land. I know it is not fully realized wbat the extent of the evil is and to iIlustrat€' my point let me refer to two or three maLLet'!! which I remember as anecdotes relnting to this Committee. I cO:1fe!!s I mvself rut:: not know about the extent of the evil and when I joined the Committee I hal ~t ~ ~ that the evil was of such magnitude. Our great leadel PancH ~ .,t Lal ~ u. when he heard about· the Sarda BilI said that M1 Harhilas Sarda wanted to ~ by the Rill cheap notoriety. When once I happen- ed t.o 'leI' OllT revered PreSident, the elder Patel-I was coming from Bomhay and happened to meet him at some station in the train-he 'said, "Where are JOIl coming from?" I told him that I was a Member of this Committee. He said "It is a nonsensical Comm:Uee". Then, Sir, we had occasion to examine Hir Sandulla in Af;sam and he was simply wonder-st-ruek when T told him while examining him, that he had no idea of the enormity of the evil in Beng-al ana he changed his view when I gave him the figureR in Bengal. T can cite ~ other examples. As a matter of fact, very few peop)e realised the extent of ihe evil and its devastating efft'cti; But after day in and dav out for ten months we had chewed the cud and been thoroughly imbued with the l'eaJication of the 11M OO.STITCDT 488B1UJLY 011 I.D14 (LBGI8LATIV1I) [SaD DEC. 1947 [Pandit Thakur Dsa Bhargava] ~ effects of the pernicious custom of eal'ly marriage and early consummation ID our country, everyone of us was fired with the earnestness that this Report Ihould be aCCf!IJtcd by tlte Houst' ant! that the law should be changed as early as {JOnible. • 'L'bera is no doubt today that tbere is a change in the country for the better aDd that child marriage is now not so rampant sa it was then. At the same • t ~, It must he confessed that even now the enonnity of the evil is not fully lIIaheed by my countrymen. I labour under this apprehension that as a matter of ~ t, even. today many members of this House do not fully realise the evil and. Ita ~ tu . 1 may be pardoneo hr thinking &0 but when I pressed my mot10n III regard to the other BilJ, the amendment of the Child Marriage Re- Itrnlllt Ad, 1 found that there was very grE'at ignorance in the House atout the Ulltence and magnitude of the evil. I do not know how the members of this Auembly feel, but I feel very strongly on this point and I think that this Bill el1lborlioSl "erwin prinCli"It:" which Ill'/' the very essence of the principles rela- ting to nation-buiJding. I believe, Sir, that the provisions contained in this Bill really oonstitute a charter for the emancipation of women of this country. Sir, the main provision of the Bill IS that the &gP. of consent be changed from &be preaent oge of 18 to 15 in the calle of mnrried life and from the present age of 14 to 18 ia the caae of flxt1"a-naarit&1 lift'. In regard to file other provision, of the Bill. J would IlI1hf1l!t t '.;~ Sf ctl();1 .'tIl of the Indian Penal Code. Section. 875. 552, 661 and SC'hflltule II are &ouBht to be changed hut the main change is III respect of Section 87 IS . I Now, Sir, before I proceed with the provisIons of the Bill, I would like •. with your permiaaion, to luhmil for the consideration ot the House the state of things whkh existed in 1928 in the different provinces. I will not take much time or t.he Bouae but I would read in respect of every proyince a few lines frot.l the Repurt ()f t.he Age of Constlnt Committee. I do not know if I am boring the BOIIII('. bllt if lIOllIl' provisions of this Report are read out, I believe the House would be better able to judl{e whether the )Jtesent. provisionlJ which I am ~ ..to ,.:.. rnC'nd should be arneonde 1 t so hap,.t'1l11 that there is ft ill'twral idt'R t.hat am.oJ1g )1 uslims marriages tllkt' plaN' I t~ in life, but this is an t~ wrong idea. The figures showed ihii' r,wt (')('nrh and the House ",ill have occasion to know from the figures that 1 ahAn ~ \ in' l't'fIJK'ot nf tht' rliRer('ut provinl"f's t~ t l\f1Is1.ims Rnd . u~ u~t' "- ~ from this u-rollff. As R ~t t-t' of fnet. III ('~ are>ls. I~ the Punjab th,' MIl!llimR ", .. re in a WOJ"'l(' (,Oll "F.ul,. .", ~ 11 ... ~ ' It into Mild "!.rri&ft .nd tbe u~ ~ ~ rnarri,.. • hcon pithr (tne ..,' both ,,' t.he pIItliD .re ,hll imm.tore. The wl'e IOvarJably belD( "'""1:'" lhan 1M huband. t.M uninn 'lAturally t .. ~ An her '"'lib. •• Bhrt JI. ADUUlaIaJaDam AyJUlpr: b it thp opinion of th(' Honollmble ~t' t ' thAt tbt-\\;fe flhould be e1d(>r than thf' husband? Paadl\ ftakar Du Bharp": I am rending the report: "Til. «'aI't ....him P1'1lC"ti1le .rl. _niace on .n ext_ift ~ baye generall, ~ ...114', PfOfoftl'\ion of fema1 .. at &.he' ... period 12-15. Enquirit'll illto " larJte number or ~... .toOw that wheft \he mania ... of younot reap!e i. COft1Ium_t..t al au early U"f'. _, wn.n 'm-noy '-not IIIC)ft tban 16 !IAn or the Rir: i, 12 or 13 .• furly large perceataft ~~ .Iy" d .. of JlihUlbda or -m. oUIw dieeue of the ~ orpDII or rrom rome ovaria.- _pli"ll,w.a withill 10 n. - ~ tile " ...... Ion of ..map." D'DIAW PDAL CODS AJf1) 'fUll CODB OP CRl)(UUL PRO(,BDUBa (AlDIlfDlIBN'f) BILL 1161S Then, Sir, speaking about the age of puberty and consummation of marri- age in regard to Hindus, Sikhs and Muslims, t ~ t says: .. "Among the Sikhs and Maslunl, as also in the rural populatlon generally, It 18 ~ J4 and 16. Consummation lOOn after puberty seems to be a general ~t . among Hindus and MuaJima. In Harlyana, which is mainly composed of the dlltrlcts of Rohtak and vurgaon, cohabitation is not uncolDDftln before puberty." Sir, I will not deal with the N.W.F.P. Next I come f.o Delhi. About Delhi, the report sllys: • Marriages of girla among Hindus generally take place bet,,:een the ages of 10 and ~ , more generallv at 12. The Marwaries appear to marry their Klrls below 12 and the Je1DB .fter 14. As- regards Muslims it seems that their girla are ~ at a.bout the. age of 13 or 14. The lower classes amongst. them, huwever, effect child marriages which affl &:,'1I.;:times performed at 3, 4, 7 and 8 yearJI pf age." Continuing, the report says: "Some instances of this type are also to be touor! nn .... ng t.he lower claSles and in the ....se oi elderly husbandJI .. Regarding Ajmer, the Report says: ''In this part of the country th. age at wilich girls attain pubdrty is 13 or 14. 'ne bride and hridegroom are Jocked up in a room for a night loon after marriage and consequentlY in Mveral CBBe8 conaummation takes place before pu"erty and before the age of 13. It is more 10, '>ecanae there being no widow marriage, widowers marry young girls of immature age. An a result of auch early coDllummatlon, the health Of the mothers and progeny suffe" ad then 18 a high maternal and infantile mortality." In Bombay Presidency, Sir, the Report says: "In Gujerat and Kathiawar, early marriage prevails largely BJIIQng all castea, except among Brahma Kahatriyaa and ~ Brahmins living in towns and the upper claSles of Vualima. It. is very rampant among the lower castes, Buch as Ghanchil, Xanbis, Kolil, and Dhed •. In Bombay, proper earl;wo marriage is practised largely ,among all classes, except the Gaud Saraswat Brahmins, Pathare Prabhus, Kapol Vaishyas, ILnd the upper classes of Mnslims. It i. very common among Bhatias and Marwaries. In .the Deccan districts too, early marriage is commlln, except among the ChHpavan BrahminS, and the RarBllwat Brahmins. It is common amonjf the Mahrattas, Mahal'l. Bl)liyaR. Lingayata, Shimpees, Vakkals and other lower castes. Broadly speaking, the practice of early marriage prevail II in the rural areas and amonr the uneducated claS888, and ia gradually diBBppearil!.g from amung the educated claSlOll. It Is practically non·existent among Parsis, and Christiana (n th.. Bombay ~', girls are marrled, more largely than elsewher. at very low alt8s .. In 1921! there were 1,666 girls married or widoweQ, 1Indl'r one year oi a!l;e, 1,671 gUI" married or Widowed between one and two years of age, 4,378 girls married or widowed between two anti tbree years of age, 7,Zl9 girla married or widowed bet·ween three and fOUl' ~ of a.ge, 12 ~ ~ married or widowed between four and five years of age, l,93,58'a JI.rls married 07 Widowed hetween five and r.en years of age an In the JUrrounding tracts in Bombay Province early marriage is common enough. II dir, as regards Deccan and Karnatak-I am reading all this in order that all the ~I should not be put to the trouble of going through all these pages 'IS r know they will never take this trouble, you will find on page 43 ...... '" . Shri K. S. A:IJIIf (Deccan and Madras States Group): The ·Honourable Yem- ber is reading all the figures which are based on the last Census in 1921. Aftel' that the Act was passed with tbeir own adVIce. I think it will be better if he ~u. give us the later figures. Pandit '1'hak11r Baa Bharpva: Unfortunately the figures of married condi- ditions. etc .. are not given in the Census Report of 1941. The Committee made its mport in 1929. So the Committee could not possibly consider the 1931 Ggures. So I am only readinl! from the Report of the Age of Consent Commit- tee. I would have been very happy to read the figures from the Census Report in 1941, u~ I failed to get an,. information and bec&uae this information is ~ given there. 11ee OOWHiYuu=r AlDOL!' OW IIfDU (L8GIILA'rtn) [ho;p.o. ~" /'l'andit Thakur Daa BhargavaJ j f my Honourahle friends think that aa a matter of fact the conditions are ~ totaUy changed that the figures are out of aU proportion to the figures which are now obtaining, I would 8ubmit let them make some allowance for thl3 20 yean o.nd thPD come to the conclusion and see if there is still any case for this change in the law. Mr. Speaker: I ';a& thinking of suggesting to the Honourable Member on 8 dlfterent line, CO curtail the length of hie speech ana that was, that aa th& Honourable Members haTe been given figures for two or three typical Provin- ces, the Honourable Member need not go into dtailed figures for every pro- vinoo; and it will be fairly assumed by the House that conditions are practi- cally t.he lame in all pl"O'rincea. No further quotations are require4 for con- viction .. regards each Province. Pan4lt'l'bakur nil Bharpn: Sir, I accept;. your advice and do not want h SO on with the figures. But I would onlv make one submission before the lionouruble Members in fellard to the ~ in regard to other provinces. So far aa nE'ngal is concerned. I specifically make a submission to the House that Bengal may be considered separately, because it ie the worst province in regard to this evil. All JIoDOarable .ember: Why? Pa.ndit Thakur n.. Bhar,ava( The exception ie only Jo be made in respect of Bihar and OM" where conditions are equally bad. Shrt Kal ItriI1uaa Bole (Oriaa: General): They are not so bad now. Pandtt '1"Ilakur Du Bbarpn.: It was never realized in the year 1931 that the conditioDl were quite bad and it is not realised today that the conditions though they are not equally bad, but are still bad enough and seriously bad. Any person ~' g008 about tbe country with his eyes open can see thRt this 'Yllten! of early marriage is as rampant as before among the rural backward and depre8sod cllUl8e8 and even now mau marriages take place. t have submitted for the consideration of the House that early consummation and early marriage which art' Mncomitant evils, are today prevalent in the COUD- try. Now the question arisl'E: ns to what is the real effect of these evils. As regards this. I will not content myself with 'Iteting my own opinion or the leneral opinion of the country. With your permiuion, Sir, I will refer llonourable Members to the t'Vidences of doctors who appeared before the Com- mittee, to the statistics tbat t.hey submitted for our ~t and if yon will kindl, have a look at these stati8tics, it would appear that early consum- mation and early marriage are fraught wit.h gr&'ge consequences to the mothers IIld the p1'Ogeny of thoae mothers. Now again. I think 1 will Dot be accepting the Honourable Speaker's advice. if I Wflre to read out extracts from the Age of Consent Committee Report. I will refer the HOUle to certain portions appearing in this Report and if an1 HODoumble Member wi.hes to enlighten himself with the state of things which obtain in thil country and which are still obtaining in this country, he WIll he pleaaeod to read pages 161-H',s of t.b.ia Report. It will be established \bAt- nil a tt~ of fRet in regard to t \~ mortality owing to this early mnrriage and earl! otUllmmmat.ion our country has got the highest figure in the world. 'lnerefore. I will contt'nt myself with giving one or two figures in this connection: "'From \be Luckno. Bruch of \be Lady Cbelmsfora .t. I ~,. ad Red ero.. Societ, Child W.lfare LMpe - te \bit braDdl lb. lolal llUDIbtr of c:aMI of Pf1IC1IUIeY beIo. 30 yean ... 3,lliO in 3 ,..... Oal of \Mae I.J ~ eeJI\. .... belo. 16 ,.,. ClOmp1., of .hoe 85·75 per call...... Mlo. 16 1'&" COIIlp1 ..... 01 .hom 36-15 sJacni. ... ~t ..... deMin'bed; "... for tlM .,. pencHI lr-ll Ute UDormalil1 rMe ... 17a ...... aad Jor tIae ... perIGc1 In-IO It ... 1C).S) per CIIDl." ll(DlAlf PDAL C9DE AND TIlE CODIS 01' CRIMINAL PKOC'BDUU (AIIBNDKlINT) JlILL 1167 Similarly. Sir. in regard to maternal mortality, reference may be made to what Dr. Adiseshan, the Assistant Director of Public Health, Madras, says. He examined 7,000 confinement cases and he gave his conclul>ions which are to be found at the end of the Book as an Appendix to the Report. All these con- clusions will show that when maternity comes on before the complete age of 16, the conE-equences are very tragic: it happens that the mother dies or the child «ies or they live a life of great misery AI> ~ , Sir, infantile mortality, the less said the better. The death lat.;, in England was 70 per mille and in India 189·04: per mille. Now, Sir, this was the rate given by the Health Officer of Delhi. He states the death rate of tllildren is .abnormally high. So, it would a.ppear, Sir, that as a tt~ of fact this proposition should be ~ t~ by the House that· the effect of child marriage and early consumma· tion is very very bad on the physique of the girls of the nation. Now, Sir, if you look at the psycholog'cal results of this early consummation and early marriage IOU WIll agree with me that the results are still more tragic aud the problems of the present day require thnt the age of consent should be changed. _Even ~ "hen the marriageable age has increased in cities aud in mlmy communities tvhich are educated and which have realised the evil C"Onsequances of child marriage, even now, I aSE-ume the consummation of young girls between 13 and 15 takes place and even now according to the provisions of the Bill many offenc· es take place, though they do not come to light. The safe age for maternity according to Vagbhat and Sushruta and according to the Allopathic system is 16 years. I ask Honourable Members to tell me if there is no case of maternity in India before the are of 16 or if consummation does not take place before a girl is full 15. If they think that conditions are so good there is no harm in changing the law because we will then- being the same stRte as the rest ot the world. The age of consent in other countries is given on page 340 of the Age of Consent Committee's report, and you will be surprised to learn that the age is 18 in other cOllntrier,,'; in very few countries jp the I\~ so low as 14 or 16. . -' JIr. Talamul Busain '"(Bihar: ~Iu ' I ) Wha.t is it in England? P&Dd1t Thakur Du Bhar,ava: There my Honourable !riend is on some safe ground. It:s said in this ~ the qUf'stion WAS also ~ when I brought in an amendment to the Child Marriage Hestraint Act-that the age iJl Dnly 12 in ElIglan'l.. But there marriages never take place before 16. And the 6gures show that in 12 years before 1928-when the figures were quoted in this report-there were 28 cases in the who!e of England and Wales of marriaUB at 14, 818 cases at 15 and only 12 cases at 13. May I ask my ;Honourable friend • IVho interrupted me to tell me what the " ~ numbers were in thi., country? I may tell him that at least 50 per cent. of girls in India are ~ before the aga of 15; does he realiRe the effects of that on our £rirls? JIr. Tajamul B1I8&ID:. Then whv not raise the age of marriage? . PIDdlt '1'hakur DaI Bhar,ava: I will come to tht. If I bring in a Bill to do that I know what kind of reception it will get. If you raise the age. of ,marriage from 14 to 16 I will be the first man to support it. I propol>e to bring in a Bill to raise the age of marriage for: girls from 14 to 15. That would surely be a leaser evil: I think it is not an evil at all as compared witlJ the change of age so far 88 the age of consent is concerned. 1f it is made an offence and all offences tome to court, the courts will be flooded with these C88e8. Violations of the ICe of consent law do not come to court and it was intended that they should no' 40rne to .-,uri;. But if the age of 15 ~ fixed in the Mamage Bill that will hr. tbe rMI solvent of our troubles and diiJicu:ties. If j, is :l '~ that you Are no. ~ by any change of the age of consent" ~ object to it? If. o(rlfuces ~. 1168 OOnnTtJDT USaBLY OP IlfDU (LII018LAnvB) [bD ;Q.o. ~' [Pandit Thakur Da. Bhargava] . committed in the bedroom no one will bring them into u~; neither the wife nor any other relationa will come and give evidence in court because everyone "ill !Ie intereated in hu.hing it up 10 ~ t it may not be exposed. So if the age of consent is changed there will be no harm done to society. Sir, I think I have established that the evil of early consummation ~ early mArriage i, to be found in India, and I hope I have Ioucceeded in ,~ . that theae are the chief lOurces of evil in regard to our health and all other branches of life. The question is 8sked, what is the use of raising the age of conaent? But is the health consideration nothing at all? Recently O)y Honourable fricnd Dr. Patiabhi Sitaramayya mo\'ed a Resolution in the HOUle about national militia. Was not there Q complaint during the wllr that Indians are not now AS @oc.d aoMiel'll 8S they were ~ Did we not heRr the other day from the Honourable Labour Minister that labour has greatly deterio- rated and that the outturn of an Indian labourer is only one-seventh of that of a Rritillh worker and one-fourteenth of that of an American worker. Do we no' know that an Afghan labourer ilo' a bett..r worket< and earns more and at the' tame time i, superior to our workers in respect of lifting weights? I su1»mit ttult you will not have to lIpend 80 much on health problems if you raise thw 'JI('. I eubmit that there i, no department of life which wi1l not be affecttd tot- tho better if you pan this law and alRo-whicb i, more importlmt-if yOll implement this law by your actions and do not allow a single marriage to be ~ '\ t or performed before the @irl is fully developed. May I humbly aak what right man haa got to inflict an injury on a ~ I have spoken only of health conaideratione; I think our IOldiers would be DlOre brave and would diaoharge their dut.lea better if the, were SODS of mothers who were not married ., an earl, age. Then I come to the locial effect. My Honourable friend Haji Ishaq Seth has giTeD notice of a cireulation motion. I will accept that motion; but may I ask If you want your girl, of tho future to be Councillors and lawyers. and 80 on 7 Do you want tht'm to be independent and t.o enjoy the pleasures of joyous girl- hood bfltween the agea of 18 and 15? Ilr do you want to shackle them ~ the purdAh? If not. you have to raise the age to 18 in extra-marital cases; you must rive them freedom to learn thinp and to be educated. A girl MMot be ecluaated if ahe i. married at tbe ~ ~ 12 Rnd 18. The only remedy for tbi", .taw of thlnp I. to TRlae the age of marriage and the age of consent. Sir. people complain "bout the dowry a,stem ani then they want to introduce thla tooial reform and ,hat aooial reform. ]n mT view there is only one retorm which will do away wltJ! t.he heed lor other refoimtl and tbat is railoing the age of man-iap aDd age of oonaent. In fact I maintain that this raising of tbe "It! fmm 18 to Hi in marital CI\8eI and from 14 to 18 in erlra-maritRl case. oonalitutea die very charter of liberty for the women of India. In ref!'ard to other conllidm-ationa I lubmit that if you want to obange the "Id idea of the overlordlobip 01 man over woman. if YOIl feel that tbe woman ot the future should not regard her husband 88 ber overlord hut .. a comp-ruon for life .•• IbIt •• V. Kamalh (C. P. and Berar: General): Ie my Honourable friend no exponent of free lon' .... ~ Du Blaarpft: That question is not germane to the present diacuaion. But if he wanta my view. I want that the Ilirls in India should' be given Jibt.rty to ebooee their huJ.b.cnd. In V ~ flnd olien timefl the girls were allowtd this ('hoi('E\. Mus1irr Illw. Chrilltian IRW and IDndu IIIW 1i1l0Wil it noe." m, 'Honounble friend want that in future the fa'hera of these girts should oontinue to aeU them .. they are doing now ~ DoN he wtlnt that the eonaiderAtiona of wealth and other thino ahouliJ I\lide the cboioe of '.then and thtl girl. of our lani r.. hould not be anowed any ICOpe for freedom' INDIAN PENAL CODE AND Tim CODE OF CRIMINAl, PR('CEDURE (AMKNDIIBNT) BILL 1169 Shri B. V. Xamath: My question wa') different. Shri •• S. Aney: May I submt that it is the boys that are being sold. Kr. Speaker: If the Honourable Member goes on answering these inter- l"UptiOllS, there wit, be no end. Pandit Thakur Das Bharpva: The conditions of t-oday are exceptionally bad, . and looked at from whatever standard, this present system of early marriage Ilnd consummation is eating into the very vitals of our society I and the change if maie, 8S I have suggested, will materially change our conditions, and we "hull grow in stature and in character also. if we leave this elU"ly marriage anci earl" consummation. As I have submitted, for all these considerations, I maintain that the change of the l'<"t:sent age from 13 to 15 is a measure long overdue. We made u'rt!port W 1929 and since wese 18 yeiirs the country hus made greater stride!> towllrds the millelluium than it t'\er made before, Jllt!viously t.he- Ioreign Goverllment did not want this change. While they abolished sati they did not abolish this. This system is worbe than Bati because ill sati the £!'irl died once. Here eve!,) day child widows pass their lives in conditions approximating burning on funeral {'yers. When Ii ~ became sati and died she ltlft no impress Itlld the HLy thiQg she left was praise for her courage; but in the case of girls suffering from early· marrialire nnti early consummation the case is worse. As a mutter of fact. ill our society they are not regarded now with the same consideration as they were re- Rarded be for.! , Now there is lIO joint family. No,,, the regard far chill widows and old widows has diminished and in this individuulistic age it is difficult for widows to pass their time. Therefore the time hus corne when we shoul(l not lea:1 u life of complacency that becam,-e in the cities there is improve,nt:nt. then there IS also Illiprovement in the rural areas. I guve an example the last time when I spoke on the Child Marriage Bill. I am living in Hissar and III my. compound there are some people belonging to the depressed dass. There is. tny syce among them who has seven or eight children. Ewry year cis wift. gives hirth to a child. The child in arms, a girl of 4 years and another of 5 rCI1I'11-are all married. There is another chapraslli, a Muhammadan; one day n daughter of his, aged four years, came to my house and said to my wife that ber mother-in-law hrul come and was asking her to £(0 away to hel' hm,band'Il house, She said: "I do not want to go". This is happening every day. I 10 not know about the conditions in the rest of India. Rut when I roal)1ed t.broughollt India with thiR Committee I went to the villages ani studied eon- ditions with open eyes. Conditions may,have since changed but this evil has not been eliminated. As a mutter of fact the evil is there. If I were COD- vinced the evil was not there. I submit I would not take 80 much time of the House. Blit I want to submit for your consirleratioll thHt evp.n if many Members of this Heuse &1I.{, that the evil is not t.here, 1 will not be impressed by t.hat opinio:l on account of the reasons which J have Fl'ubmitted f0r your conl\ideration. If this is true that the evil is there. then I must submit that We mUdt find a solution and the only 8Oluhon is increasing the age of marriage Rnd consent. The question was what should be the change if the age ill to be changed from IS? '],hat agitated the mind of the Committee. The' Committee recommended that 15 should be the prope! age. Other ageR were considered. ,.he sge of 15 cannot also be ~ t-o a much ~ t age. According' to mvself, I would have preferred if 16 was the age. But Iilinre the CommIttee reOOmmendei 15, I have &tuck to that because I do not want to rush headlong towards a bigger age, but beyond 16 I am not prepared to /Zo. But with the aile of marriage at 14 and the age of consent at 15, there will bp' GlaD V infractions of this law. I would therefore submit for the consideration of \hf' House that the marriaeeabIe age should be' changed to 16, But 8,. there " no 8neh' Bill befonl the House this i'5not very perhnent now. Imainta'in tha't· thE' change in the age of con&-ent does go a long way for preparing us for 8 u,p COHSnTUBNT ASi4BMBLY 0 .. INDIA ~I LATI . L3BD ))so. 1947 l Pandit Thakur Das Bhargl1\'8 change in the law of the marriageable age. An increase in age shall proe to b". of great ecOnomic adantage Illao to our people. When the Honourable Mem- ber .\it·· liliugil was I~' to me on the last occasion on the nd April, he him- ~ stakd h s ~ to the House and said that when he went to his consti- tuency and told people that economically speaking they would become ery much bettt>r than before by rai'ling the lUarriageable age, the people round shou' IU.m accepted the opinion. I say the same tlllng. Unless this age is Changed, ~ the ery bard times to come people will not be able to earn their lielihood. lbey will not be a\..le to keep their families if they do not incre811e the age oi JDarriage, and I therefore submit, that judged from whateer standard yOb like I.lOOJlomically, sociologically, physically or psychologically-this agp must 1)8 changed. What ir.-the psycoologicol effect If you go on talkmg about. marriageaml)ng young girls the result ill. 8S it has happened in lengal. In tht ,en of India the age of puberty ill 14. llis's "Jurisprudence" gies the age of puberty bet.ween 1 to 14 in 6·7 per cent. of the girls. Out of the 76 replies receied by the Committee, 8 per cent. of t.hem gae the age of puberty a. between 1 and 14 years, And in certain communities of Madras who a.re addicterl to early marriage the age of girls with regard to menstruat.ion has mangetl. Tht'y hue eclI changed natur' by this e\'il. l"or ~I girls und. Bonsrn) girl. the age of puberty comes on between 8 nnd 11. This is the result if you frequently speak of mamages and indulge in early marriages. And in our Mme. there il no other talk among our young folk and old folk. The .,.ychological effect is that theN: Is pre.'ociolls "oberty among thOSf\ girls and tbl. i. R tllltional ice of the "'Olltt chllf'flcter. Therefore psychologically 8peak- tns nllO thi. talk of 8ar)y marriRge Rnd oonllllmmntion 111 bact. A. regal'fla proiliotll of the Bill which I am submitting for your consider- ation. I want a "hange in Section 861. This is the second clause in nly JUII. in 1't'l(lIrd to Seeti'li !l61-Kidnappil1g. We hae changed the age to 16 in Section 006 (a) Rlld (b) and other releant Beet.ionB a.lllo. Rut so far a. &hl. nge i. con!,pmed. it ill at. prt'8ent 16 and J want it to be marle 18. It i, "elY curiout that if there if; a girl and Bhe is. owner of lakhs of rupees anel property worth crorea. she ('allnot part ns a minor with- propert wortll Ra. . She ennnot "'len rtispt'l1\9 of one house out of her' propert but .he eRn disJlOllfl of her person een if she is 14. It ill ftn Absurdity thAt for etra-marital eases the age of 8 girl IIhould be onl,. J4 yeart. It 110 hnppena thBt a girl of 16 may be u ~' deeloped so far 0, .:Obnhitnfon i8 t' ' ~ but ~ ' \ 8111' mny not. full. comprehend th. consequencoB of her aot. An untcrupulous mnn Illll\, dupe her and I P.W. ,hI" mil" h,,\"t' to I'f>f)f'nt nil hf\r lifl'. T" pmtpct th'Se girls from tb-. handq 0' t'il-dOt"MI it is necessary tbftt in etrn-marital CRlles the all" thould \)t) illcrenlled fTom 14 to 18. Opinion in the country wns nlmost unani- moUlt in f'eRRrd to thifl nge and there i8 no hRrm if the age 's incrensed to lR I (".an IInd .. r.tand that there migb\ be some diftleulty in regard t() de a daMet or ,)rolltitutI'II hilt. awn Im'lI tneil" point of iew it would be t() thpir b-Mfit -if th,., oU'f' in n PMit'on to Im'\t>M1tand what they R"f' ~ brought up to allrl what" i1\ be "'eir \ t \ ~ coune of action and fate. In their caBel &lao theT will benefit • Rftmt deal if the ~ I il increaaed to 18. ~ In ",,ard to thPH tWo cu. I know it may be 8I1I'tJN that 8 girl of 16 ~ fa Ii"I\e calleS ttanapt boys of 90 60 9:S bllt 1I,i'l! re,",rd to that WL hnp mRde • PIO';"inn thAt in sueh Cft .. wben \he .01'111 lire-het ....." 16 and 18 ROO oonRent. the oifenee ma be reprded at ClOIIlpowadabJe. In regard to the main change I nnt tht' AP from 1ft to 1. in t. t~ CftBea and from 14 to lR ill e-dra- marital oue8. To elH'Olllp'18 \his it would be Deee&aarY to ampnd ~t ' ~ ad cnate • new oftence. TM Co1DlBit6ee·. repnrt ean. is marital miahebaiour. t want. tn add 'Ull'lthM 8MtioD S'7t1A; Ita.". At! ""derstnod in Cll'dinar: luauatll 4dM no\ and .houle! DOt bachMIe ..... of. wilt. 80 the DeW' ofIeaee ot [l(DlAN PENAL CODE AND THE COlJEOF CRIMINAL pnOCEDUJU! (AKlL'i'DMHNT) BILL 1171 maritul misbehaviour is provided in Section 376A and the PUniShUWllti for the 4l&Ule is provided under l::iection 376B. There was sonle differenoe of opinion. as there IS bound to be. in regard to the punishment to husband offenders who oommit offence on girls below the age of 12 and above this age. Nobody can bave any sympatny with such offenders when the age of the girl is below 12 and they should be given the punishment which is provided for ordinary offen::len. In regard to offenders when the age of the wife is between 12 and 15 the Com- mittee felt that there should be a difference and I a180 -tlgree hut where 1 d:sagree with the Committe•• is with rtgard to the quantull} ot pUlllsnment. The Com- mittee opined that the punishment should be OIle year DUli 1 have provided for two years. I appended a note of dissent to the report. I do not want to give to the HOllse 1111 the reasons which uctuated me to rrU\l!:e this chunge. All that I want to say is that under the scheme of things as I envisage it the provi&ions of this Bill will be more useful in crea.ting conditions of fear of consequences of. breach than that they will be utilized by actual enforcement of provision. When the effect of the law is stringent people would act and behave in a particular manner on account of the fear of the consequences. Therefore the two years punishment should be retained so that people might know that the offence is very atrocious on account of its being attended with very grave consequencell. In regatd to the other provisions of the Bill, so far as paragraph 6 is co .. - eerned, it only places a limitation upon thf' period during whir,h n prosecution under this Act .can be made. In regard to the other provisions, SeC'tion 5;')2 neal" with the powers of the court to give liherty to abducted (emalep or females who are kept in custody. I want to change the law to include not only girls t)f 16 hut girls of 18, who should be afforded this protection. Himilarly in Chapter II I have made a change. In regard to the placing of these sections in the hody of the Penal Code the Committee thought thut they should be placed under the Chapter of offences t'elating to, UJllrrIal!c. I do not agree for reasons given in my note of dissent:. f'l my humble opinion these offences should be placed in that part which rellltp's to offences Ilgaim,t the human bod.v. The essence of the offence is that the offender really commits a crime agninst the human b(,d,v. If you look at Section 87 of the Penal Code you will agree with me. As a matter of fact the prinCiple contained in that provision is applicablp to the case of girls and it is on that bllsis alone that this legislation ib' justifiable. Therefore the proper placd for this offence is. aecording to my humble opinion, under the offences ' t ~ to the human body. t do not want To take any more time of tne Rouse. I hnve alrf\ndy taken a good length of time. I would only submit one point in conclusion. I t£'gard that this Bill will certainly benefit our people and our countrymen much more than any other legislation. When we look at the Objectives Resolution of the ~t tu t Assembly I feel. bound to say that the objrctives of the resolut"on will be hrtter fulfilled by enacting this Bill than by enacting any other legislation. as it will secure social justice and social security at once; In the budgpt of human relations I believe that the place which we assign ~ the backward classes and the depressed classes constitutes the real test of o\lr progress. There are three questions of vital importanee according to me in regari 10 thiFl budtret of human relations. The first is: How do we trent our women? I know that all our ancient beers, sages and leaders from time imme- tnorial have tried to ameliorate the con-litron of the women of this country. Mehavir Swami fought for them: Swami Dayanand, Mahatama Gandhi and tnany others have bee. trying in their own Wlf,y to ameliorate the condition of· WOmen and the depressed classes of this country. The House wIll be interested 10. know that when the Barda Bill came before thiB House. in 1928 I liens It ... to MahafimBji al;king for hi' opinion about the proper age for ~ "" ".88. kin4 enough to· lend a reply aaying that;.18 wu the .praper age tor ~ 11'72 CO.. ,.JTUIUfT AflIJIEIUILY OJ' UID1.l (LBG18LATIVB) [SaD DEc. 1947 [Pandii Thakur Dali BbargavaJ 1 llU'I OOJ1 alking that tbe age of conaent soould be rai&f>.d to 15. If you follow ibe lead of that great man you should at once accept the principle of this Bill. Iu t.hia connection I would submit that the Government must take substantial Ittlpll to implemtmt. tbe 6p.nt of this Bill. I would in tho end submit for the CClDlideration of the House that the. should consider the Bill on its merits and try to remedy the evil. our country is suffering from. My weak powers of expression should not affect the full appreciation of the miseries which our ,iris lIuffer from as a result of early consummation and marriage. The House lr ft agreet with lOy oonc1usionl should lOie no time to pan this measure. Mr. IpIIIrer: Motion moved: "That. the Bill furtber to amf'nd the Indian Pen.1 Code and tb. (:ode of CrimiDaI ~ •• uaI, be r.fel'htd to a 8e1eet. Committee conaminl of Mn. Renuu Bay, Shrimati O. Duraabai. 8brimatl Kamala Cbaudbri, Mr. Naziruddin Ahmad, Sbn J'upat. Boy Kapoor, 8hri U.bbandhu Oupll, Shri K. Santhanam, f3hri M"hlln La! Sabena. ShIt S' Nagappa and dill Mover, with inat.ruction. to report before !.be fint day of the next eeaion of the Auem· bly and that the number of lIIemllen whose pretlence .haU be nec.ary to cooatit.ot.e a _tilll of the rommit&ee ,hall lit' five .. Balt Abdu Batw Balt IIbaq Seth (Madras: Muslim): Sir, I move: "Ttu.t. the Bill be circulated for the PU1'JlOI8 of elicit.ing opinion thereon by the 3bt Jllly, 1948." Mr. 8peuer: I would like to know from the Honourable Member whethur he WlUlt. to stick to that date. Bajl Abdu 8atw BaJi lIIaaq Seth: I think I had better stick to this date. My friund said that be was agreeable to a motion for CIrculation but stipulated that. thtl opinion ahould be received before the next session of the Assembly. I want. to point out to him that it is physically impossib)p to eirculate the BiU aoll llet opiniuns bdorl' the next. meeting of thtl Assembly. whioh meallS the 'Rlldllct Se&8ion which I understand will be held in the middle of FebruarJ 1948. In the two months that we will have it will be impossible for the office to oin'u\ate the Bill Slid ge( opiniolls. The shortest time SUO\veJ .... usually is .ix month•• and my moti(\n ~ provides about that muob time-it allows teven months. It i. the shortest time th"t, could be allowed for t ~ purpose. I therefore appeRi' to my friend to accept thill date and I assllre him and the Housu tbat there is no pumose behind this motioll of 8 dilatory character. With ~ to the provisions of the nm I lim not going ~ delve into th" Yarioul provisions or how they affect us or the countZ'y. It is e&&entially • 'I1o.,ute of refonn And I think the HOllse will do well to get the opinion of t ~ people who are going to be affected by this measure. So far a. I understand t.htlre will not be much difficulty with regard to the provisions of the Bill except with regard to clau'le lS where the Honourable Mpmber oreates a new offence and i. railing the age to It, limit which I am afraid the country may not be will- inB to accept without a great deal of publicity. My motion will help in this way, "am.l, that. it will a180 provide propaganda in favour 1>1 these amendment. and it will be for the ClOuntry to express it. opinion whether to accevt it OJ' not. It i6 in tbl. view I a.m moving the amendment And I hope the Houae will aacept it 1Ir. 11M&br: Amf'TIdment mo"ed: , 'nw til. Bih 'be circulated for \be parpoee of eliciting opinion t ~ by the 31at JuI7. ,MI." •Thp AIMlmbl,Y then 8djoumed for ~ {' WI Half Pad Two of the Clock. The AUf'mblv re-aaaembled after Luneh at Half Put Two of the Clock. Mr. Speaker {ThtIHonourabJe Mr. O. V. Mavalankar) in the Chair. ' KIlt .,.. Drta1lMla (C. P. and Berar: Muali1n): lb. ~ - t', Sir. III IUpNriin« the arrieruJmeut for ciraulation of the motlGtt. T aece1Jt; ~t the )10ftIt' 0' the ftIeOlutionmade .. re1ll81'bb1e' ~, . ana' feelin«l,Y too: but eeriain .speots of t ~ provisions t ~ we waut to bring on .. llfDLUI' PDU .CODJI A_D TUS CODE OF CRIIUNAL PROCBDUn (AKDDMUT) Bn..L 1173- .- t.he statute book have to be seeR whether they are sound on principie. He has made a serious speech and has proposed very serious punishments. I thin1;t; the learned Mover ia unmindful of his youth and he has made his speech when. he is old. There is no doubt, Sir, that the fundamental propositions laid doWD by him in his speech will be acceptable to practically all the members of thil- House. There is absolutely no doubt that ch:ld marriage is positively detri· mental to our women folk and it is an evil which has -to be uprooted. The-- two principles underlying this Bill are whet,her the age of oonsent has to be raised and whether severe punishment has to be provided in case of violation of these provisionE. My Honourable friend the Mover of the resolution has made 8 long speech dgainst child marriSlges,-a principle which is acceptable to all. As regards the amendment to section 361. I acccl)t there can be no objection. My objection is to the amendment to sedion 376. It is said "except where the woman is between 16 and 18 iYears of age and is a consenting party to the sexual. intercourse when the offender shall be punished with imprisonment of either description which may extend to two years 01' fine or with both". If in the case of marriage the age of consent is 15. why in the case of a girl and a young man, who are 16 or above 16 and below 18, they cannot be allowed to live to· gether? Absolutely no reason has been assigned as to why they cannot meet with the consent of each other. Sir, the Mover of the resolution has not considered a serious aspect of the u t ~ . There are many who do not believe ill the institut:on of marriage. There are mar.y who believe in the principle of communism. They ref.use to marry. If mantras or recitations of verses are read, the age of consent is 15. If such mantras are not recited, then they CHn· nC't live as husband and wife between 16 and Hi. That is u very cruel provision of law t,hat is being enacted. Secondly in the case of prostitlltes it will be very d·fficlllt-. The Mover of the resolut"on has already !;aid, there are some difficulties about prost-itution !lnd no provisions have been made to- mimmize the effects of that hariship. Another aspect of this Bill. Sir, is this: It is said that when the age of the girl is above Hi and below 18, then the punish- ment wIll be 2 years to the offender. If the girl is a consenting pnrty, why should she not be punished? Why the young man is punished when the girl is 8 consenting party and when shp is nho\'e ] 6 and could make a very good wife if sho had married at the nge of 15? The learned Moter has assigned' absolutely no reason for it. It is a physicnl necessity for a woman. It ib a physical necessity for a man. Why should you make a distinction between a· young man and a young girl? My learned friend wants to punish the man who has committed this offence and not the woman who is a consenting party, who has also a physical necessity, who is fully developed according to medical .plnion. 1'hen there is t ~ thing Sir. "Whoever commits marital misuehaviour' shall be punished with imprisonment of either description for a term which may extend to ten years or witn hoc Ilr wit.h both if the age of the wife is below twelve yean.' and with punishment of either description for a term which may extend to two years or with fine or both if the age of the wifo is between twelve' and fifteeu years." Now this is a very very seva-e punishment. If there is a miabehavoiur of the husband with his wife when she is below 12 and if the mlln is given the maximum punishment for the alleged cruel treatment then he has to go to jail for ten years, and if she is below fifteen, ihe punishment of the· sentence is two years. Before these punishments Bre accepted, my submission· is ihat there must be a marital law in the countlj' whIch should totally prohibit chilti marriages or marriages of girls below 15 or 16. This punishment is bound: to disturb ine domestic life of the couple. If a man is sentenced to jail on th.. nid811C6 of his wife and that tOo for 10 years, up to the age of 22' she hall nc busband practically and' when the husband returns from jail, he lIlay Acoept her- or he may PO. accept her at all. ID8tead of giving very severe sentence and' 11'7' CO.STlTU.. '! U ....LY OJ' .KDlA (L&GliJUTlYII) [3u J).c. 194'1 [Kazi Byed KarimuddinJ , pwUahment. when he DllIbehaves, wh: not 8nac$ marital. laws in which very HVtlre puniahment should be enacted for having mahl6l t.ies with girls below 15 'I Now thr, in ~ t law DOW prevailing about cbild marnages, the pUOlsbment ia .~ low. The amendiog Bill which haa come proposes 3 months punishment cnly. U thJa is t.he punishment for having such marriages, t.hen why such a a.:rwua pumihment to a couple or to the husband who is &lresdy married and who hal to Ih'e with that girl all his life? My auhmiasion is that before thia pWlillhruent it aooepted, the leamed Mover Mould have brought a Bill in which marriagel of girll below 16 Mould be prohibited and very serious punishment should be provided. Now. in one of the paragraphs of the age of consent Report it is mentioned that there art! lOme communities ill ASlarn who have their marriages by court- IIhil' and love and that ()u that ground they have been exempwd about tbe age 01 COOIeDt being above 16. Now, suppose there are lome communities in thIs .fountry who marry after courtship, who marry ufter making love, and if tL ~' livt! tuliCether Bnd make love and commit a blundE:r between the ages of 16 and 18, ond if the courtahip falls through; then the husband or the man who triel to woo bil would·be·wife, has to go to jail lor a ~ in having courtship and jove with the girl. 'fht 8t. things, Sir, have not been provided for at all. ~ , tbe Mover of this lie80lution in his speech has said that in regllrd to thill ruisbt·hllviour lIlentiolled ill lIuh,/,orugToph (iv) the offence is compoundable. Now If this off('nce hnll been committed between the man and the womlln wbo fa ubovo 16, it is mode compoundnble. When it is done with consent why ll10uld it go to court? YOII hllve mnde it compoundable without the permission of the court. 8upl'(>he t1wy go to court Bnd 8UY, .. No. we '\0 lIot want thiS oalt! t~) be J,rolecUted; the case should be withdrawn", then what is the result of thil? It is a contradiction in terms. If you think it is such a seriolls offenee tn wbich the punillhment is two years, why have you Ulnde it compoundable' If it is done with the consent Bnd if it ih made compoulldnble, what is the DJfllll1ing of thill PI'08t'cution i' Certainly, Sir, I maintain that it is a contradiction tn t.1!rnlll. M.\! IIl1gg(lRtioll to the lenrned Mover is that instead of provld'ng luch acri(lUF puniahmeuta 10 regard to the violation of the proVisions of t·his Hill, the mArital law,,' should be made very strict. The offencE'S under the mllritul Inw should be ma'le cognizable-us the legal position stands today, th"y are non.cognizable. Parties, admittedly. are very reluctant. to make reportl on the marrillgl's of minors to the Police or to the \Courts. If the.v are made cognizable. if t·h{·re is a severity of the punishment and sentence in l'eItRrd to mllritnl )nwII. there would be hurdJy any mnrriagee. Now, whnt would happen if marital laws are not pro\"ided in the manner I have suggest.e Then, the Mover wants to raise the age of consent from 14 to 18. It is Ii :natter for consideration ~ to whether it may not be 16-wh"t.hcr it should bE- raiated straightaway hom 14 to 18. Then vith consent whether it ought to be tUowed or not after 16 00 mq,ke it an offence; there may be difference of opinior. as to whether a woman must be allowed to give free consent after she completes \he age of 16 or whether consent should bp. nugatory; whether with or without toD!;ent the male should be said to have committed ar. offence until she become- 16, must be considered in the setting in which we Hve. So far as the penal provision is concerned, I can easily see from the rigorous life which my Honourable friend Thakurdas Bhargava leads that he wants exem!>lary punishment IVen for ordinary weaknesses. But T have got lITeat doubts whether such a serious punishment as 10 years is not more draconian than the law which was enacted so early as 1861. Times have changed. I do not agree that such an attitude should be taken as is taken in this Bill. It is opposed to all canons of freedom between a man and a woman. It is opp.autime. ~ , I am gensrall, m lavour of accepting the prlDclple :)f the' bill SbnmaU G. Dur.abai (Madras: General): Mr. Speaker, Sir, while accepting the amendment of the Honourable Mover of the Ilmendment, I (. lnsider it my first and foremost duty to ex preas my deep debt of gratitude to the Honourable the Mover of this Hill. Sir, he stands here as a champion of the charter 01 freedom and emancipation of the women of this country. When he was speak- iDg on the Bill, I law what kind of agony he W&8 havlDg m his mi!ld when he .at giving expreation to his ideas which prompted him to brirtg f()l'W'ard a meaaure like this. I really saw a woman's heart, R ~ ' beRrt, ill him "'bich prompted him to introduce this Bill. I now realise that a man mighl probably leel more fur a woman than a woman can feel for a woman. He has introduced not one Bill of this kind. but he has brought several which sought to give proteotion to young girls. In his Statement of Objects and Reasons h., hus clt!urly stated What he ~ t to bring about through this Bill, namely, "for the physical well-be'ng and beUer protection of young girls." Now. Sir, it is .tated in the Statement of Objects and Reasons: "It is true ~ t change. incorporated in the Bill curtail the liberty of males, but it is ~u true that these changes are absolutely indispensable from the national standpoint for the physical and moral well being of the coming generation." The matter being so important., I find that it i .. a great pity that the Heport at the AtJ8 of Content ~. tt which WaA appointed 80 early as 11¥.!S Ijild which made auch an extensive and exbaustive survey and ~.I' " 1~ than 400 wimeasca and collected all the material that 11'&8 . neceasary and also I believe apent .nON than RR. 2 lakhs and produced a practically unanimous ~, wal Dot; ~ effect to by the Govemmenfl 80 far. Although nearly 20 years t'lapsed, the matter has made no progreSS at all, and I am therefore ~ that toda:y my Honourable friend Mr. Bhargava has brought forward this Bill which seeks to intrgduce a ~ t refonn, at the same time giving effect to the recommen- dations made by thd Committee. Sir. in this Bill. there I\rc two things which are particularly striking. namely, Section R76(a) and 87m), I fonnd that theRe provisions ~t u 1\ 1-ind ot . terror in the minds of ROme friendl! in the House, Just now. I heard the remarks made by the previous speaker, Mr. K8rimuddin. His I.1f,in ~ ( t leemarl to be not; tha_ this measure hAa been brought forward hilt rllthf'lr, lUI t'e waM 1\ provillion bringin!t t.be girl A "Iso under the scope of this Bill and awarding thEm, punishment. simpl:v beCl\use they al'f\ .lso consenting ~ . T do not know what. he m('nnt bv that. because weo know how s girl of 12 years or a girl hardly about the age of is or 14 .... J[u1 Byed X&rlm1lddlD: T meant girl!! about 16, IIbrlmI.'l G, DDrpbU: Eveon if a girl is 18, we know bow much lesponsibilit.v abe takett nbollt t'I"'I~\ !lnd how m\lC'h !lhe knows about her own !',·If. Cf}\)SPnt. Bir. may be t ~ in more than one wav Therefore her C'-Onsent t:l1ould not re.ny ~ taken a,q I\n "I t ~ or stamp for this kind of offence committed by tlln husband. J do not think Mr. Karimllddin is really right ~ he HIVS tnAt simply becauae A frirl consente. \hcrefore she too must be given punishment a\nng with the man who commits tbis acl. Another maUer. Sir. which calla for our attention is the puniahment that jp ptO'flcled, Damely '-,..,a. for the offence committed ~ regard to a ~ after INDIAN PENAL CODE AND THE CODE OF CRIMINAL PROCEDURE (AMBND¥BN!') BILL 1177 12 ~ below 15. It seems to strike terror in some quarters. I really do not; «now why Mr. Bhargava while prescribing this period of punishrneut did not 'explain what he really intends, because I feel that he really does not expect IIny case like this to come before any court of law and also that he does !lot expect any kind of offence of t.his type being committed if only the PUnIs/lluem l,lovid' -ad is not lenieut; It is no use providing lenient punishment. If you want this offence to dil!sppear, you must provide for rigorous punishm ~I t, 1:'0 that people may know what kind of punishment· and suffering they will have to undergo if they 'Ilo/ate the provision of the law in this respect. Otherwise. I feel that the penod of ten years prescribed here is quite in proportion to tho magnitude of the crIme committed. We know that this offence rloes n .. t really arIse from any lawful marriage nor does it flow from obligations conferred by l'eligion. It flows from the absolute right of the husband. .~ is an offence not against uny marital law. but against the human ~ and it is the duty of the State not merely to ensure that no injury is committ-ed against any person but against the buman body. Therefore, I wholly agree that tile period mes- cribI'd is in keeping with the magnitude and heinous nature of the offence. He has prescribed a period of two years us a punishment in case of a girl below 15. I th:nk even that is not quite excessh'e but quite proportionate to the offence with regard to the girl. With regard to the point which Mr. Ayya.ngar has ra.ised whether it i!! really goinE{ to disturb the marital relation of the man and tbf' womlln /lfter their marriage, that is, after the 14 years, Pandit Thakur Das Bhargava while fpeak· ing on the suhject has already made it clear that he is going tt) brinS!' nnother Bill raising the marriageable age of the girl from 14 to 15 or above P. v. tbat. He is going to do that and I am told that this Bill will be in- troduced simultaneously. If actually the marriageable r.ge of the girl is just at 14, then it is not quite necessary that we should disturb the marital rt'.lation- ship for just one year, if only the consummation of that relationship i!! not going to take place immediately after the marriage of a g:rl just about 14 ,,'ears, Cer- tainly in the interest of the physical well-being of the girl, the partitls can by mutual consent and a beUer understanding, wa)t for that one year's period and certainly during that period the relation!;>hip is not ~ to he disturbed and cArtainly that kind of weakne'ls can he conquered by people and it is ~u t necessary. I am not going to go into the details of all the points of thf> T)ustnonement oi th:s age for the pUl-pose of consummation, because the House is already aware of the figures of infantile and maternal mortality. Adually how rllany ell,SCS of such inlantile mortality are there? Mr. BhargavB expects great benefit!! to flow from this Bill and from the point of view of nation-building, it is 'Iuite necessary that this kind of reform should be immediately brought !mrt e1so {rom the physical well-being of the young /{irIs it is quite necessary that this must 1:e ;mmediakly given effect to. L am very sorry that there is an amendment for further T,.Mtponement or further to send the Bill for opinion and we have to accept tbat nJnendment hecause thpre is no other go. There has already been so much delny f:'\'en after 1'0 much has been done by this tt~ and after all the material is re-ady, hut, I hope that this reriod of six months which is contemplated ~ the umend- rrlpnt mav he reduced to a shorter period and this measnre ma't' be brought ~ Wllrcl as Roon as it is possible. - 0- Dr. B. Pattabhi Sitaramayya (Madr8H: General'!: Mr. Speake!". Bir, T must at the ontset say thnt I gladly approve of the measure which has beep bronght by ollr Honourable friend Pandit Thakur Das Bhargava. It is seldom tha.t social ~ t is emharked upon in a House like this. The whole history of the BritiF.h Government ever since 1856 bas been one of utter barrenness in that no social legisla.tion has been attempted or undertaken by the Leg-if:ll1tnrt'. The British were of the opinion tbd social legislation was apt to embroil them with 1178 COJfSTlTUUT ...... BLY 0 .. IJfDIA (~ .LATIV ) [Sao »Be. 1947 LDr. l:J. l)at.tabhi Bitanunayya] the . ~' ' beliefs and susceptibilities of the coUntry and. in order to make t ~ position safe, they have studiously abstained from all t ~ with the .actal customa and manners 01 this land . • ~ ~ 88 I ~ recall ~ memory, there was the Widow)4 &rriage Act of 18;iti, which peoabzes "he Widows rather than help them when they want to re- marry; then there was the Lex Loci which related to conversion into Chris. tialJ ty and property arrangements connected therewith; then there was the Brahmo Marriage Act, which is popularly known as the Act of 1873 which 6n- abled M.alriagee to be performed by a kind of regiatration, though it involved a declarfahon by meana of 80 many negatives that a man is not a Hindu a Mus- lim, a Jew, a Clui.tian, a Jain or a Parsee. ' Luter we come to the Sarda Act and now we have got on to something mOM wh:ch is allied to this series of social legislution. Much is talked of social lervice nowadays and almost everybody talks on this subject even on a politiC'sl platform. When people speak of a new social order, they can (nly mean eco- nomic betterment of the people, such as improvement of labour conditions, ft.- gulst on of labour hours. control of child labour, conferment of maternity bene- fitil. "jek,w"" ~t accident InRumnce and so on. This is a different question al- Wg!!t.lwr. Apart from this there are certain socinl evils which demand immediate ,ttention. But alowly this aspect of Hindu society. of Muslim society or Indian society as an organic unit which has grown from st1'ength to flt-rength during theRe many centUM in its historic past. has BuBered a reverse in the proCtlSS of its development. The onslaught of foreign invollion Always brings in it" train penalties to which society is exposed. apart from the dt>privation of political privileges. I Pandit Thakur Das Bhargava: I \lill dl'ui \ Vf." lll'idly with t.ll<' poinb, made by Honourable Members who have spoken after me. In the first place there have been objections from Kazi SJcd Karimuddin to ~ effect. that the punishment in the Bill is excessive and secondly thn.l t1ae better measure would have been to increai!e the vunishmellt ill) ('gard to marriage offElnces. I quite agree with him that so fRr as the punishment pro- vided for offences against marriage laws is concerned, the oroper thing is to accept the Bill which I have already got circulated and ~ is before the House. AU the same, the revly which hilS been given by my sister, lJurgo.bai is absolutely conclusive on this point. After all, as the Honourable Speaker has himself pointed out that the infraction of the conswt law is fraught with great consequences to the girl llilrself, the policy of the lnw should be that this Act should only be useful in striking fear in the minds of those who want to violate it. As a matter of fact, no one wants that the family life should be so disturbed that the wife should never be reconciled to the husband. Therefore in a measure of this nature, it is fraught with great potentialities if we keep the amount of punishment rather more than less. I should thl;\refore think thai the amount of punishment provided in the Bill is quite right. F T~ Honourable Mr. Kazi Syed Karimuddin has raised certain other points. or wstance,. why should not. women ~ punished and se(!ondly why should there ~ a ddJeren'!e between mtr8-marltal and extra-maritlll cases? I would refer him to the arguments in which all these objertions hAve been met in the J'Ppmt of the n!je of COTHa>nt Rill. .Tt wOlllel tnkH ntf' a I ~ t;me to J'('ply bo a.llhthese arguments; I would ask him to read this report llnd he will get the ng t reply. h Ildam anxious that the other Bills which are set down for introduction " or chome up as soon as possible, Therefore I do not want to reply to him a engt on these points. One point has been answered, and I do 'not want to repeat the argument about the liab:tity of the woman for punishment. • As ~ the second .point, that the age should be same for extra alld ~t - t cases, my fnend argued the point in a simply astounding manlier e wants to u~ t that th(> marril'ge ceremony and the selection of a bride- grOt)Dl for the girl bv the J)arents d" f He th' k f ,'. . or .guar lans IS 0 no consequence wrutf'ver • In. S 0 a. I ~ w which ~ gIrls may not be married a.t all. Our ~ t~ IS ~~ In ~ all the gIrls nre married. Moreover. according to medj, t ,\ sCIence years ~ the safe age for motherhood and mOl'e ~ HIld 1'0 er g':: Ith6. So fSfr16asd mtellectu.al development and pRychnJogical develogmrnt , e age 0 oes not give that amo t f.3: ti d . to a • I h' h th f . un 0 wscrc on an Independence renn-f-l{U'lSw. Ie e age 0 IS IPves, and for many other l'rll,:;ons stated in the t""· u, . IS more proper The whole co trv· . marital age should b .' d to ,un . IS UnRIlJTn"IlS that the extra- evidpnce of thp 400 e·trmse 18 and if we take the trouble of rendinu th" . . . Wln('':;!>f'F vou will Ii d th t ~ agreeablE! to this chantre and' state . n . a many of those wiJncSfles were Bnd not ]6. t ~ an the ~ t~~~. t~IS .chhnge t<) IS IS the I,rof:r thing COuntries of Europe will b • t ~ s ~ .IC \ ~ esl' of as ~ 111 ill/' e them and we want oUt' mpla Wto be \Ice ._~ Indln. We want tc. steel' ('lear' of "'~ prooncted up to 18. 11.2 OOJf8TlTUDT ASSBllBLY 01' INDlA (LBGISLATIVB) [3BD .QBc. 194:' L l'andit Thakur Vaa Bharga.va.] One point more t.hat Mr. Karimuddin made waa this. He waa of the opinion that there was no sense in making the case compoundable with the permission of court. May 1 refer him to Section 8651 There are many offences which are compoundable with t.he perulission of Court. Even 13ection 420 haa been mude compoundable with such permission only. Kul Bled. Ear1mad41n: This is .. without". t:;ection 376(b) second part ia "with". 'l'here is no mention in Seotion 376(1) (2)- P&Dd1t Thakur Du Bbarpft: That is cOUlpoundable without the permis- aioll of the Court and naturally 10. You have just stated before the House that if there ia a cue of courtlhip: for example. in Assam there is a. custom that on a particular day the young man and the young woman go to the jungle after a dance and there remain for three or four days and after that they come to their homeH tUld tben they .olemnize their marriage. In order tv meet a custom like this, we tbought that we should keep it compoundable without the per- rnislion of Court 80 tbat the Court cannot have a hand in determining whether too ~ could be compounded. So tbere will be no difficulties at all. It is in the hollow of the bunds of tbtl offender and the offended girl-to compound the (')fieuC(l at pleallure. He has made a reference to this too, but in that he baa .~ gjvell the reply. 'fhen agai.n, Sir, my friend was of the view that the offeuce should be cog- nizlIlIk,. We line good rln'Hons to say that it should be non-cognizable otherwise the whole tJOCiety will riBtl against this House if they were' pleased to make this offence B oognizable one. We know what ollr police is and we do not want that ill allch matter \he pollce should interiere. Mr. AnantbaBayanam Ayyanga" was pleased to remark that since the age of maniA,., iB 14 and the age of consent has been raised to 15 there will be difficul- ti(·" ill this that IIfttlr a pertlllll iii IIIllrrietl t~ w'lI not be allowed to cohabit with hiB wife. 1 quite see the diffioulty but does my friend realize that from 1860 till IAn1 lind from 1891 till the Rarda Act WUR passed the lIimilar ('ondit.ions prevailed antI husbands could not cohabit with ~ wives below 10, 1i and 18. HC/l\"UIlIi wOllld not full if It hushllnd could not molest his wife under 15 years. ~. B. PaUabbl t~ That was the Rubicon: that wos ctOssedl PaD4l' ftakur DM Bharpva: If that is 110 then you have answered Mr. Allftllthulluyanal1l A ~ I \ " '. No girl "hollid he allowed to live witb bel' hu!\hnnrl. unlen she ill full fifh'tm lind there will he no difficulty in this matter also when the age of fourteen given in the Sarda Act iB changNi to fifteen. I thank Dr. Pattabbi Sitarama"a for giving the reply. According to him the rlee in the Bard. Aot bas to be cbanged. When these &ges are the EoRme there 1\il1 be no diffioulty. As to the argument that unleBs that age ill changed this age .hollld not. be changed I may Bay that I am not opposed to the change in the Sarda Aet. . I want bot.h to be changed. That means that there is yractical1y no impediment in my way. I "'ant to uy 1\ word About a question raised by Dr. Pattnbhi ·8iiararnayya. 1 do not ~ with him that we should have councils like the Church Council which will tAke tbe pIMP of this legislature so far as social reform is ~ . For a long t.ime we have enacted All tht' ~ in this legislature. This legisla- ture is repreaentative of all kinds of opinion in the country nnd should be the ultimate forum in whicl1 this question should bt" dehated. I ~ the implbation however. I have myself sent a cut motion in the budget and IT ade the 1':llg-- gest.ion that a ministry of lIocial refonn and sooial iustice sbould be estAblisbed in thi. country. I want tb"t our ministers and puhlic serv"nUi should by tbeir own aation aet. an example to the country and demonstrate that they themselves .~ bellamff in the same mannel' in which tbey want tbe country to bebave. It \l8\1RUy tt\kf'1l for n mt'.mmre of t.his kind seveml years before it comes on tbl" INDIAN PENAL CODE A~ TIm COOl( OF CRIMINAL PROCBDUBB (AKBNDMBNT) lULL 1183 statute book. 11 we had a social justioe ministry the passage d Bills like this WOl.ld bt' quite easy... . . Shri K. S. Aney: Does the Honourable :Member mean that all thel Honour- able Mirusters should marry again? 1Ir. Speaker: The Honourable M;ember need not answer each and every argument. Pandit Tb.&kur Das Bh&rg&va: The questioll is to Illy own liking. I wanted myself to give a reply: before he put the question I was myself attempting to reply that argument. What I mean by the institution of a Ministry of foocial reform and setting of example by Ministers will be illustrated by reference to tbe ideal of casteless society in which )Jlat.ter I am a bumble descTple of Mahatma Gandhi. As a matter of fact I desire that we shoulrl ha\'e ill Inuia a casteless society and all the 15 members of this Government ",hollid 11y their example. by inter-marriage of their children show that they are wedded to bringing such a society in existence. An 1I01l0IIl'able Kember: With scheduled castes also? PaDdit Thakur Das Bhargava: Y(·s. with scheduled l'Hsks 1111(1 Mohamme- dans also. That is what I want. The proposal may or ~. not be palatable but it is my view. . One word with rf.')!Hrd to the (·il'(,lIlntioll 1Il0hlll. T have to bo\\' to wha1l 8ardar Patel has said. I do not want to make any sort I,)f grievance IIgninst the commands of Sardar Patel. All the same I must point ont that in H122 a Bill of this nature was circulated throughout the country. Tn th13 r .'port ·)f the Age of Consent Committee you will be pleased to see what the repercussions ot this circulation were. Then in 1924 and 1927 such a Bill Will.! (·:rclllated. Our Committee itself was a circulating Committee. They went over the whole country. The report of the Committee was also circulated I understand, and the replies received showed that. some of tbe recommendations in the rC'port wero not practicable. In regard to the .'~ t which were not practicable, I have not incorporated even a ~ one of them. For instance. there was a provi- sion that bonds should he taken and that the husbanel anel wife should be seperated. I have myself excluded those provisions. The simple pMposition before tbe House is whether the age is to be raised or not. ThiR point has been gone into already. What should be the punishment? Supposing the replies from the provincial governments say that the age should not be raised my humhle SIJb- mission is that this House should rise as olle mnll and whatever thE' provinces might say we must have this tncrease in age.· It is a question ,)1 nation- building. The medicine is always hitter. If the country does not like it I would beg of the Honoumble Sardar Patel to enact this by an Ol'dlnnncp or in lOme other way. Was any opinion taken at the time when the Rills ahout requisition or controls ~ passed? Was any opinion invited when the Foreign- ers Act was passed? In a matter of this kind which goes t.1 the very root of the nation's prosperity, which goes to the very fonn:lation<; of the na.tion·s exis- tence my submission is that we should not be c!Iicken-hearterl. Wf' should take courage in both hands and pass this law. I know that by accepting this motion I would be delaying the Bill. Rut· T bow to the opinion of my party, and do not mise any objection to the motion that it should be drclllated. Bllt it is difficult to swallow that it is being postponed to a very long period. I boW' Rl!a:n to Sardal' Patel though not withont a !",awing 01 the heart which will CeMe not nntil the Bm is passed. Ifr. Speaker: The question is: "That the Bill be circulated for the purpoae of elicitinR opinion thefllOn ,~' the ~I.t .July. 1948." The motion was adopted. ~ OF CBThfIN:AL PROCEDURE (AMENDMEN1') BILL Shrl Bam Sabal (Gwalior Stnte): Sir, 1 move for leave to introduce 8 Bill uriber to amend ~ Code of Criminal Procedure, 1_. KI. 8peIbr: The qUe.tum is: "TbM ~ be arauted &0 introduce a 8ill further to amend th. Code of CrimiIIal ._dure, l8II8." . The motion was adopted. 8brt Bam 8&b1t: Sir, I introduce the Bill. INDIAN BAR COUNCILS AND 'rHE LEGAL PRA.Cl'Il'LO.NERS (A!lEND1dENT) BILL Ibri '1'. A. :RamaU",a. OhettiJar (Madratf: General): Sir, I move for lean ~ introduce a Bill furiher to amend the Indian liar Councils Aot, HrJ6. and the ~ Practitionen Ao'. 1879. ~ .....,...,: The ques.ion is: "T ~ leave be pnted &0 introduce a Bill further to amend the Indian Bar ('.oanaillt . A.6, 1926, and ~. lApl ~ t . "I Act, 18'79." The motion was adopt{)d. 8hrl '1'. A. BamaUDpm OheWJar: Sir. I introduce the Bill. CRIMINAL TRIBES (REPEAL) BILL ~ ••• G ...... (Madras: General): Sir, I mov. for leavo to introduce. "1 to repeal the Criminal Tribes Aot, 1024. lb. Bpeaklr: The question is: "Tha' lean be graot.ed to introduce a Bill &0 repeal the Criminal Tribes ..\ct., 1924." The motion was adopted. ProI••• G. BIDp: Sir. I introduce the Bill. INSURANCE (A E ~ T) BILL Sbrl'1'. A. BamaHDpm Ohelttyar (Mndrus: General): Sir, I move for leave to latrodUO() a Bill \ t ~", to amend t.he Indian Insurance A.ot, 1938. 1Ir. Speaker: The question is: _"That.. IMV. be granted to introdut'O a Bill further t~ amed t.he Indilla IDArance A... The motion was adopted. BIlrt '1'. A .•••aUnpm OheUi7u: Sir, I introdu'oo the Bill . • 1 •• INDIAN E ~L CODE (AMENDMENT) BII.IJ ~\ Jluku\. Blhart Lal Bharp.,. (Ajmcr-Merwara): Sir, I move for lea..- to llltroouoo a BIll further to amend the Indinn Penal Code. 1Ir. Bpeabr: The quest-ion ill; "That ~ V( be Iran ted to introout'fl a BiU tartber to amend the IndiaD PIMl 00cIa." Thto IJI('tion was adol'h·d. PiDdR JIUu\ Blbd Lal Bharla.. : Sir, I introduce the Bill. PROVINCIAL INSOLVENCY (~E E ( ') BILL Shlimat.i G. Durgab&i (Madras: General): Sir, I move for ~ to illtroduoe • Bill further to amend the Provincial Insolvency Act, 1920. Kr. Speaker: The question is: "That leave be granted to introduce a Bill further to amend the Provincial In80lvencJ" Act, 1900." The motion was adopted. Shr1mat.i G. Durgabal: .Sir, I introduce the Bill. PREVENTION OF FORCIBLE AND FRAUDULENT COKVE.RSION OF .. . HINDU WOrdEN lULL . Sbri B. V. Patukar (Bombay: General): Sir, I move for lnl1.ve to illtroduce • Bill to provide for prevention of forcible and fraudulent conver"ion of RilHlu women. ' • Mr. Speaker: The question is: "That leave be granted to introduce a Bill to provide for prevention of fOl'oible and fraudulent convenion of Hindu women." The motion was adopted. Shrt B. V. Pataakar: Sir, I introduce the Bill. INDIAN CATTLE PRESERVATION BILL Seth Govinddas (C.P. and Berar: General): Sir, I heg to move for leave to introduce a Bill to preserve the milch nnd draught cnttle of the country. Mr. Speaker: The qUl'stioll is: "That leav:e be granted to introduce a Bill to p"eserve the milch and dl'aught cattle of the eountr: ." The motion was adopted. Seth Govtndda8: Sir, I introduce the Bill. fNDlAl\ ('OMl'ANIEH (AMENDME:-.IT) BILL (Amlmdment of Section 86 F) Dr. P. S. Deshmukh (C. P. and Berar:' General): Hil', I beg to move for leave to int.roduc'€ a Bill further to umend the Indiun Corr.panics Act, UJ13 (Amendment of Section 86F). Kr. Speaker: The qUt,,;tion if;: "That leave he granted to introduce a Hill further to amend the Indian Companiell Act. 1913 (Amendment of Section 86F). II The motion was adopted. Dr. P. S. Desbmukh: Sir, I introduce the Bill. I IA~ COMPANIES (A \TE E~T) BILL (Am"ndment of Sections 25. 31 etc.) Dr. P. S. Deshmukh (C.P. and Berar: (jen:Jr'll;: S:J' I lwg t~ move for lene to introduce a Rill further to Ullend the Indian Comp;ni"s Act. 191A' (Amendment of Seetions 25, 31 etc). 1185 1186 COlCflTlTVBXT A88EMBLY OF IN.lA (LBOIRLATIVB) [88D DBc. 1947 1If. Speaker: The question is: . "That lean he granted to introduce a Bill furtber to amend the Indian Compani.. Act. U13. (Amendment of Section. 25, 31, etc.)." The motion wall adopted. Dr. P. S. Deahmukh: Sir, I introduce the Bill. INDIAN E~AL CODE (AMENDME't-."T) BILL Shrt JI.am Sa.bai (Gwalior State): Sir, I beg to move for leave to introduce a Bill further to nmend the Indian l>enal Code. Mr. Speaker: The question is: "That lean be granted to introduce a Bill further to arDlDd the Indian Penal Code." The motion wu adopted. Ihrl Jtam Sabat: Sir, T Introduce the Bill. • CODE OF CHIMINAL PROCEDURE (AMENDM1<"}NT) BILL PAlull\ Thakur Du Bbar,ava (East Punjab: General): Sir, I beg to move for_ teave to introduce u Bill further to amend the Code of Criminal Procedure, lagS. Mr. Speaker: The quelltion is: "That leave be gt'lUlted to introduce a Bill further to amend £be Code of Criminal Pro- _a .... 1888." The motion wa8 adopted. Pudlt. 'l'bakur Du Bhll'lava: Sir. I introducc the Bill. CHIMJ!\Al. TRIBES (REPEAL) BILL 8hrl •• .lDaD\haIayUWD AJ)'qu (Madras: General): Sir, I beg t~ move for leave to introduce a Bill to repeal the Criminal Tn'bes Act, 1Wl.A. Mr. Speaker: Thill hilS alrendy bt!ell moved by another Member. 8hrl •. .&naDthalayUWD Ananpr: That is true, but it may not come in the ballot. Tllerefore I want to move it. 80IDI BoDoarab1e Xemben: How can the same Bill be introduced by two dilrorent Memben? Slut X. ADanibIMJIIWIl A1JIGIar: It is only when it is enacted as la.w that. I will be out of court. Till then I can take my chance and it can very well go in my name. 1If. apeaker: All that I can do is this. I must take time to consider this poin'. In the meanwhile, the Honourable Member may move it, t u~ prejudioe to the Chair- ruling it out. of order. The qut'lltion is: "1'ba\ I••• be granted to in\rodutle a BiU to repeal t.he CrimiDal Tribea Act, 111M." The -motion "'88 Bdoptt"d. 8hrt X • .&naDUauayuaam A1JIGIar: Sir, I introduce the Bill. JIr. Speaker: I think the same point arises in respect of the next motion -(item No. 31) atandin, in the name of Shn Ananthasayanam Ayyangar. Ball A ~ ~tt RaJl IIbaq Setll (Madras: Muslim): Is it not better, Sir, tha' t.b", motIOn .1 mo\'ed t~ you give a ruling? ·!t(oUaG t.rr.d undw ~t Ord_ 31. u ~-t , decided b. tb. Roooarable U. ~.... . CRIMINAL TRIBES (REPEAL) BILL 1187 Kr. Speaker: All that I was thinking was this. Prima facie, it appears to me that· it will be an awkward procedure that the House should adopt the same motion in the names of two different Members. Since the Honourable Member's motion is barred because of the acceptance of a similar motion, I am thinking of the possibility of permitting him, at the appropriate time,. to proceed with it in view of the fact that he has tabled an identical motion though it was not adopted by the House. Shri K . .A.nanthasayanam. Ayyanga.r (Madras: General): If I am given the substance of my request I have no quarrel. :Hr. Speaker: I was thilll{ing of the analogy of resolutions. Two identical resolutions are tabled b, two different Members, but the differenoo is that in respect of them the ~u adopts no motion before t.hey come up before the House. . Shri 11. Ananthasayanam Ayy1L1liar: 'The Cliair has got the right to admit it or not to admit it. :Hr. Speaker: It raises a point on which I should not like to decide offhand. I will therefore consider what is possible.. I shall Jry my best to help the HonoUJ'8ble Member to keep the Bill alive. But t,he best. course will be for the original mover to be present on the concerned day. Shri •. Ananthasayanam Ayyangar: There is some difficulty. If some other Memher wants to block it he can do so. Mr. Speaker: If the c1ifficulty arises we shall 8ee. I~ {T I~TE - ASTE MARRIAGE REGULATING AND VALIDATING BILL Shri Kohan Lal Saksena (U. P.: General): Sir, I beg to move for leave to introduce a Bill to regulate and valida teo marriage!" .between different castes and , sub-castes of Hindus. Kr. Speaker: The question is: "That leave be granted to introduce a Bill to regulate and validate marriages between different castes and sub-castes of HindWl." The motion was adopted. Shri Kohan Lal Sakaena: Sir, I introduce the Bill. CODE OF CRIMINAL PROCEDURE (AMENDMENT) BILL (Amendment of Section, 161 and 162) Shri K. Ananthasayanam Ayyangar (Madras: G ~) Item No. 33, being the motion in mv nnme to t u~ a Bill to amend the Code of Criminal Procedure, 1800, "has not been moved by any other Member. JIr. Speaker: Is it not the snme Bill? Shri K. Ananthasayanam Ayyangar: No, Sir. JIr. Speaker: From the title, I thought it was the same Bill. Shri K. AnaDthasayanam Ayyangar: Varions Sections are sought to be amended and each one of us has taken a Section. Shri )(. S. Aney (Deccan and Madras States Group): Will you please give • direction to a1l the mevers that whenever they have a motion they shoOld make it a point. of mentioning the Section of the Act" which they seek to amend? JIr.• azlrDdcUn Ahmad (West Bengal: Muslim): It is not really neces- ury ...... OON'STlTUDT A8BDlBLY OJ' INDIA (LEGiBLATJVJI) [SilO DBO. 196f JIr. Speaker: He meaus a short resun.e of t ~ title of the Bill-just u baa been shown in the motion of t>r. l>eshmukh regaruing the Indian Com- panies Act. ijinoo Mr. AYy8JJgar's Illotion relates to another Section I shall allow it. 8hIl .. £DaathalaJ&Il&ID .t..JyaDpr: . Sir, I beg to move for leave to introduce a Bill further tQ amend tbe Code of Criminal Procedure, 1898. 1I.r. Speaker: The question is: "That Jean be granted &0 introduce a Bill further &0 UIIIIDd ~ Code of CrimiDal ProredDre, 1898." 'l'be motion wa. adopted. 8hr1 .. Ane,nt.bII&JUWD.t..JyaDpr: Sir, I introou'}c the Bill. FACTORIES BILL 1I.r. Speaker: The private Bills are all over. ' The Houae may now procep4 to deal with further 1"giRlative bUlliness. We .. hlAH take up the Go?emment Bill.. Tho Honourable Shri Oadgil The Honourable 8brl1l. V. CJI4II1 (Minister for Works, Mincs and Power): Sir. I heg to move for leave to introduce a Bill to consolidate aud aJUend the law regulating labour in factories. Mr. Speaker: The qU('lItioll is: "That I.,ave be Rrantfld to iDt.roducI a Bill to conlOlidate and amend the law regu1atiDc labour in lecl.ori ..... Thr' lIIotinn if! Ildopu\d. The HODOurable Shrl •• V. 014111: 8ir, 1 introduce the Bill. 8hrt KJhJr La) OhaUGp64llyaJa (Waet Bengal: General): ·With your per. DliJuliul1, Sir, J would like to congratulate the Honourable Miuister for having int.rollurtld (\ Dill ...... lIr. Speaker: Orlh-r, () ~ . Thert' will be lIO speeches now. I>AMODAH VALI.EY COHPOHATION BILL The Honourable Shrl •. V. OadgO. (Minit!tt·r tor Works, Mines and Power): ijir, 1 beg to move for leave to illtrodu('ll a nm t<> llro"ide for th(· establishment and rt'vula\ inn of n ('orporntion for thl' tll'\·,·to/lIII"nt of thrDnmodlir VaJley in tll" \' ('~ nf Bihar and WI·at Bengal. JIr. Speaker: Ttl(' qll .. "tion if': "Thill ~~,'" h" Itrantt'tl to intr(>dul't' a Rill to provide for t.he eatablisbment and regnlat.ioD of a (~'I"I I,' \ for tht' devt'\opPltlDI of tb .. Dalllodar VallpY ill the Provinces of Bihar and ""GIlt R4'II-':11 t. .. Th., mot inn Wf\I\ I\dorti'd. 'l'hfl Honourable Shrl R. V. GaqU: Sir. I introduc(' the Bill. ~ E.TA AND Bl'SINESS PROFITS TAX (A" E ~~ BILL '!'he Honourable Shri ... It. Shanmukham OIl.tty (Minish·r for Finance): Sir, T tIIOV(': "T A~ 11... Rill u ~ If! aml'nd the Indian Income-tax Act. 19112. and the Bnsin_ Profit. Tu .\t"t. 1947, hto ta.kl'n into conaidt'rat,ioD." . Sir. tlw"" ~ nothing: n"\\' fir (·ont.roven;in\ in t ~ "men.lin!! Rill. - is only lnf.ended to "l"rif,. tobe origiulil intention of the R,,!'ine1\<; Prr,fit1; T:'; .\ct and lhf' ('i\rit&) Oftinl! 'I'nx. Ilnit to I'EtCltify r.l'rt"in draft.ing errors and omissions. ~(\ bf'St wa.v of dl.nling ,,;th this Bill will bl' for me to explain hrieflv the obJect of the two clauaM. • 'NCOME-TAX A!' Bub-tJection (b). In the original Bill it was provided that only capital gains arising ill tht> previollF; year for th(' RSflt>ssment ~' 1947! 48 should bl:' ~ able. In t.he Select Committet> however, an amendnwnt was made limiting the lillhilit;v only ~ profits arising after the 31st of March 1946. A consequen- tial amendment in the explanation to clause 6 (a) of section 2 was unfort,lInately overlooked. The object of the present amendment is to rectify that el'l'Or $:0 that thp intpntion should be made cll:'ar, namely that if a company diF;tributed dividt>nds out of capital gains made prior to ~t April 1946, such diF;trihution out of capital gain!'; will not be chargeable as dividends in the hands of shart>holders. That is the object of clause 2 (1) (b). \()\\ ] COlliE' to clause 2 (1) (c). This amendment relates to capitnl gains whwt' the ssl'lessee acquires the property by succession, inheritance or devolu- tioll. l'ndt>r the Ae'/ as it ,;tands 1l0W, the' value of the property is its cost to" thp ~ . hut jf a person acqllires it by 8IlcC't>ssion, inheritance or devollltion, hI> t~ not paid all." priee for it.. TIlPreforp ~ ' is no vnlue that he has paid. Now it is inknrlpd to proride that in R1l"h cases the value will he the cost to· the previolls Ol\·ner. That is the object of t.his clause. ~() tht>!'C(' thrt>e nmendments cover the r.apit:ll GRins Tax, Clause 8 relntf'!' to certain amendmf'nts to the Bllsiness Profit" Tax. C[aWIl'1l 3 (1) (a) and (d). These have got the following object." :rhis proviso existed in section 5 of the Excess Profits Tax Act 1940, hilt waH (;IJlltted in the Business Profits Tax Bill -as in the Rill originally draftt'd tht' ahatc'TlIf'nt was :fixed at a IUJD of 1 lakh in all oaaea witbou. any referance to the oaplW ~ other cirmImst,anees of the business. It was also considered tllRt the lubstantive clause 5 of the Bill se'lUred that the application of the law would not be wider in scope t.han that, of the Income-tax and ExceflS Profits Tax Acts. Changes were made in the Bill by the Select, Committp,e, and during the passage of the Bill the Act as it emerged varied the abatement in the case of Ii firm according to the number of its working partners subject to a maximum of 2 lakhs, and in the case of a company at 6 per cent. of the capital com- .puted in accordance with scherlule II, subject to a minimum of Rs. 1 lakh. In the case of a company the entire profits are not chargeable to Business Profits Tax. It is necpssary that the capital for the purpose of abatementi ahould not be the entire capital hut should be in the same proportion as the amOllT't nf it.s p"ofit., ( ~ ~ to taxe!> b"nring tf) it!' tob 1 ~t . In other words the cnpital of tbl> ('ompanv is to be \~ t hv an amount which bears to the capital the S8JIJe t ~ as the amount or" profit:; not so chargeable bear to t ~ total profits. This explain" the fourth amendment inserting rule 2 (a) In Schedule II relating to the computation of capital. (LBGI8LAnvB) [8BD DBa .. 1947 1190 COJlf8TJTUDT A88B11fBLY OP INDIA . I Shri R. K. Shllnmukham Chettyl insert ." In "mending (oHwdule n, opportunity haa also been taken to T~ Act to make It pt'oviao which exillt('d in ~ t 5 of the Excess ~t 18 chargeabl.e to ·elt!Rr beyond doubt thllt where 8 part only of the busmess busmess. BU8inesR Profits Tnx. Kuch purl would be t t~ aa a separate not only , ·Clause 8 (1) (b) enables the Income-tax Officer to call for a return of the J>rotits on husine&a but HllIO of the taxlIble profits. Profits 8 (1) (0). The third amendment to section 19 of the Business ClatlllJ by rule the Tax Act is to Imahlf' th .. Centrnl Ronrd of Revenue to prescribe Act which neeeBflaty formal modifications in those sections of the Income-tax As seotion 19 unde!' the law are applicable to the Businesl> Profits Tax Act. Act 88 applied to now "tnndM, it milKeR ('f,rtnill pmviRiollM of ttl(' fn("ome-tax Profits Tax the Exce81 Profits 'rnx Act, 1940. also applicable to the Business Profits Tax A~t. hut those lI('!ctiot\H of t ~ ltlcollw-tnx Act 1111 Ilppl.v to Excess certain formal are un.uitahl .. for Ilpplientioll t(l BUflinellfl Profits Tax without modifteRtionli. ~ t' tJ\I' lIl·t·dior the nrnendment. iF; rather cumbrous, I 11111 sorry. Sir, thnt the I'xplanntiou of these clRuses but I 'but it is unlortullate and it CRnnot be avoided. It is rather technical. introduce any new ""11 Il I'(! tht! RO\llle that it is not the intention to might omissions" Idelll! but only to darif), the old ideas and to rectify certain tlrafting and (~ ' . Sir. I move. Ill. Speaker: Motioll mO\"f'd: 1922. an.! the BUlIin_ "ThAI Ih .. Dill rurther to amend the Intlian In("ome·tax Ad. Profib Tu AI't, 1947. he taken into conaideration," of-this 8hrI K. SuthaDam (Mlldrll": Ot'nt.'r81): Hir. I gl'nerlllly approve ~ t be is int.elllil·tl to ('Inrify ct'rtnin doubts which "llOlIld Bill. It I want to elarifll.'rl. hilt f hll,"(\ I~) one or two dOllhts nhout the Bill which 1(\ like to draw your place hefoJ'l> thr }o'i!IIl11ct· ~ ,.t(\ . Before T do MO. I wall these. We to (\lIr c1ifficIIJtif'S. in cleRling \~ t tt'chnical mRtters 01' atwnUlln iR the Indian 110t got II ('OIlMOlhlnkd Indinn Incomt>-tox Act. Tht.'rtl hftw ~ A ~t lind th!'n t ~ Ill'(' the Amending Acts. We have not In(·oltlt'·tux at one of the copieR incorpornting tIl(> 1\I1\t'lldments 110 that if we wlUlt to look t ~ collate it to the amtmdmt'Tlt.fl. "'1' bnvl' to look 1\t t.be A ~ Act and point to which origin,,) Ad. IIl1d WI' get thoroughly confused, The second this BiD lik" to dra,,· the nttt'ntion of you. Sir. Mr, Speaker. is t.hnt I would it would be propotlrllto nnu'1ld- two diirf'rent Acts. I think on the whole separately \" ~ t for ·IIR. if ft Bill amending one Act il'l brought in mor. expeditioua' from otber D.ll. amendlllg other Acts, It will moke fftr more nn"ftction of businellll, of the objective of Sir. m;, doub.b al'(' ~' ~ follows. I quite approve Innds owned the ~ t t 10 rlRust' 1 "inch sef'b to rope in agricultural stands the term 'by Tudlnn aaaeltleeR outaide India. As the clause now ~~" ~ not oover those lands; and the objective 01 • P". " ~u tu out the Finance MlDlster 18 to make by this Bill capital gRins made of that objective. -of the we of tboae land, ...easable in Indi•. I quite approve hus been drafted. if IIOmebodv owns agricultural lana ~\ t 'hi. tbe 'Ain. makes Indl" IUld astngns the income. tht-Il if he seils that land and out-Alde the words ~ tt p8 out of the elutebel! of the Government, Therefore ~t that gained Inoomt' dt'",'t>d ~~. t.he .~~ '.. ,,"tricts tbe scope of the profits from .t~I .. Brlhsh IndIa Rnd subject to our taxation On th til . wllng hmds 0 ..~ brir.gs lands within British India wit.hin til ~ . e band. it 18 not - int.ntion of the Finance hider_ e aeope INCOME-TAX AND BUSiNESS PROFITS TAX (AMENDMENT) BILL Mr. Saker: May I ~t out to the Honoura.ble ~ ~ t with ~~~ to this r.l:ion, he has tabled two amendments ~ t ~ ODlISSlon of t ~ -: the and that he may discuss the matter by Dlovrng his ~t : e uld . t I was J'ust going to say that the Honourable em er wo cause1 lS pu . H bl]\.1 b was perhaps be allowed to move his RllIelldmeuts but the ououra e r ~ er nervous as to whether he will be gr.al1ted ~ .to move hiS t ~ I have de(!ided to grant leave, partICularly 111 Ylew of the fa.ct that G ~ ment business is being taken up on a private day and ~ had late notlce- thereof. They were entitled to presume thnt these Bills .would be taken °d le\.· hll \·c' been taken Ull earher, I feel I shoul a Governmen t. day , but., as tl bl M b not be strict as regards the provision of notice. So, the HOnO\lra e. em er- may address himself to his pointf; \'. hen the clauses are under diSCUSSion. Shri It. santhanam: Sir, 1 will leave this ~ t ~u point now and .~ ~t~ . it when the cbuses COllie lip. One other pomt IS thnt the words. ~ t ~ India" and "India" come not only in this. Bill but have got ~ t In other parts of the Act. The whole thing is confusing. What is "India" and what if; "British Indiu·':) Before 15th of August it ",·as e1ea.r,. but now there are many firms whid) hUYe got their registered offices in Pakistan but are actuany operllting within lmlia. I do, not ~ how tht; Inn.ome T~ Act, the Business Profits Tax Act and the Capital Gams TaxatIOn are gomg to be· adjusted to this. T think it is necessary that the Finance Minister should make the position absolutely clear. Then in clause ~; we are asked to exempt such part of the business as is not oontrolled in India; the actusl words used are: where "the business bemg the business of a person who is resident, but not ordinarily resident, in British India is controlled in India", "Ordinarily resident" hus yet to be defined. Hitherto if residence was in any part of India he was considered to be . 'ordi- oarily resident" in India and ill that definition you have got a period of residence of six or seven years. Now we cannot apply it to India and Pakistan. We do not know who is the person "ordinarily resident" ill India after the 15th of August and in Pal,istan after that dat.e. Therefore, before we give any kind of exemption for incomes derived outside India, this point must be made clear: otherwise we may lose ':l'Ores of rupees by some loose, definition. And all these difficulties come in not only in the case of Pakistan: take Hyderabad; it was considered to be in India before 15th August, today we do not know whether it is in India-if it is not in India the same consequences will follow. :r'he same thing applies to Junagadh. Therefore this question of juriMliction 18 a matter which requires immediate examination and the Finance Minister should ~ t take. it ~ . U we pass our legislation including these words Wlt?Out s.uch e.xamlllatJOn, we do not know what consequences this u t~ Will be lDcumng. We may be losing crores of rupees in the way of t ~ ~ and I hope no such loophole will be left. I commend to the Finance- Mmlllter that t ~ matter should be immediately and carefully looked into and that he ~ u brmg before us np.cessary amendments for the Income Tax Act, and BUSiness Profitl'l Tax Act. These are the few points which I wish to place before the House. Mr. Speaker: With reference to the suggestion of the Honourable Member about having two separate Bills because there are amendments to two separate Acts, I may just point out to him that, both these relate to one scheme of t-sxatioll; though the A~t are different, for all ~t purposes both the p-nactments are the same. The procedure is that the amendment of the Indian Income-Tax Act takes place every year by 8 u ~ Act; but both these amendments are parts of the same scheme-they are not leparate legialstioDS which are being amended together. OOJrSTlTUDT.4SUJlBLY OJ' IIID14 (LBGISLATln) [8Rn DBc. 1947 Shr1lt. Saat.haDam: That is why I did not raise Ii point of order but simply ).Iut it as 1& qlWstion of convenience. JIr. Speaker: Grt:liter convcnien The portion which I want to be omitted is to this effect. In Section 19 after the words "provision of this Act", the words "and such t ~ if any, as may be prescribed" is sought to be inserted. I submit that t ~ provision will empower the Honourable Minister or practically his Depart- ment to modify the Act of 1947, as may be prescribed, tha.t is, there is no direction or indication of the limits or of the lines on which the modifications may be made. It is against sound principles of legislation to give a Depart- ment the power to legislate and effect modifications in Acts. The iact that 8uch modifications would not be repugnant to the provisions of t'be Act is not a sufficient safeguard. I submit that in spite of the phrase there is a possi- bility and scope for enlarging the provisions. o.f the A ~ by just obeying the condition that it is not repugnant to the prOVISIons of thIS Act. I repeat that 8uch a grant of power to modify the Act 8S may be pl'escribed is against sound principles of legislation. I really desire a clarification on the point and if it appears that the modification will not go beyond the scope of the Act, then of course r need not press my amendment to vote. I want really a clarifi- cation liS II difficulty has arisen in my mind and I hope -the HOllourable the l'inance ~ will- make it clear. 1196 OO1'l8TITUDT ASSEMBLY 01' INDIA (LEGISLATIVE) [8BD l!Ec. 194'1 . . ft. ~ SJu1 •• K. 8haDmukllam OheUJ: There is probably some IDumnuerlltandmg on the !Jart of my Honourable friend regarding the scope of this amendment. It is not intended to empower the Central Board of Revenue to issue by notification any 8ubstantial modifications of an Act passed by this House. Obviouilly it is not. correct to do that. Already power has been given to ~ Central Board of Revenue to issue the necessary formal modifications to app'y the Iucome·f&x Act to the Excess Profits Tax Act. Now those legis.- lative modificiltions which have already been made are not exactly suitable to the BUlIinell1! Profits Tax. So it is purely n fonnal matter and no modifica- tions o( Imhstnnce will he madE' hy the Government and the Central Board of Revenue. Kr. Bulruddbl Ahmad: May I suggest, therefore, that instead of the word . 'modification', tilt! word 'aduptation' be accepted. That would, I believe. remove the ohjectioll which I have mnde. Instead, of modificationR of the Act. ad.vtationll of the Act would be quite in keeping with the spirit. Illri. •• A . ~ I think the word 'Modification' is much h.-tter, Oil it gi\'el! II lnrg('r R('.ope thatl the word 'adaptation'. Later on some chnnJ,(eM may hllve to ht, made which Mnnot strictly be brought under the word 'adllptntioll', Therefor(', t.he word 'modification' mny stand as it is. Mr. B&I1nIdcl.n Ahmad: That ill jnRt my objection, th{' word "modifica- tion" may be Ruitable but it enlarges tbe scope. Bhr1 •• ADanthuay&lllm Ananpr: T t, doeR not enlarge the scope on the questioll of pril1<1i"le; it ill only n quel'ltion of procedure. 'l'be Honourable Shri •• E. Sh&DJDukh&m Ohetty: Aleard:--' in I!f'ction 21 of the EXQeRS ProfltR Tax Act thi. power hall been given. Rnd there the word used is "nlcutif\('atinn", H('re Wt' have to mak(' eonFt!'Iuential amendments which on' nPtle!\8itnted hy tht' ' ~ of the Rusiness Profits Tax Act. So it is' t ~ new. Kr. B&alruddlD AhmI4: Then the phralle "conseqllent.ial amendmenw·' a, \l1It',: I used that rather loose- I."; 1 Illt'fl111 llIooifiC'lItion!l to ,mit the Business Profits Tnx Act. Kr. BulruddID Ahmad: Rir, if tIlt' Hono\1nlbh, Minillter will give me aD .,Rurant't' tllnt thE' pointR rajRf'(l hy me will be conRidered by him I am pre- pnr«l 1I0t, to prcRII thill. 'ftl HODOUrable Shrl •• E. Shanmukham Ohetty: I can certainly give thai ""I\ t~ . Mr. WUIr1Iddm Ahmad: Then t beg leove of the HOllse to withdraw the amendment. Thf' 1I111f'ndnwllt· WOR hy If-RT(, of the Aasembly witbdrall."D. Sbrl •. AMlLtbU&J&IWD .AJ'7UlJ&l: Sir. I move: "That to ('laUH 3 of the Rill &h .. follnwin. E:tplanation be added, namely: 'For lh. pul'JlOSllll of wi. IIIK'tion " t ~ India" and "India" shan have the ... 'A ~ as th.. ~ had bt'fo" th .. 15th AujtWlt, 194T." 1 M not want to keep the Rouse tong over this. Th06e persons who carry on h\\!lineR!I in t ~ India. even if they should be in any part of India. ~ lI"h't> to ht' tRXt'd on i1\('OOlf' derh'ed from outside. The words "Britiah India" and "Indi"" IU't'I USN\ in ' '~. '\\1b('ther it applies to that portion which hal ~ Sl"flAT1lted And what, U1(, nnct ~ (,At is hall "?t ~I ~ ~. , tboupllt tht> intention of Ule trnme"-. of thIS R1ll WRR t? bnng It roto ~ WlUl t~ ,'~t nil it l\'M he fort' th(' l11th A,,~u t 1947. Tba\ IS alao expressed III the PrtIR.mb1e lUI "'80 in thf' ~t t~ E' t of Objects and Reuons. So I sugged thnt thE! definition of the words "Rritish India" Rnd "Yndi." may be brough' into lilll" with tht> det\nition that existed herON' 15th August UM7. : INC E >H E - TAX AND BUSINESSPROFITS TAX (A l i ENDM ENBILL T ) 1197 JIr.Oh a i rmAmendment a a . : moved: "Thatto ·clall883 ofthe Bill thefo l low ing Expbeadded, l annamely: a t ion "That toCI._3 ofthe Billthef o l l ow i n g Exp l annamely: a t ion b e add ed , m e a n i nthey g abad s before the15 th Augu s t , 1947 ' . " 'l'beBnourable ShriB•. K. S h a nm u kOhetty: h am .sir,I must confess ihatIam notcomp e i lgIVe ena t ~t to t exp l anas a tregards ionthis point asit is a ~ . andlega l poBut inI have t . been told that anOrder in . ~ i.s now~ tobe i s su edit wl i ind l I b eill ithe s sunext edfew days. ~ WIn explalD~ t thescope these ofterms forfuture app l icaI t ion . thinkthatSRouM SIlt.IRfy theHonou rMember. ab l e ShriK. S an th a aShall amwe : have an oppo r tuntosc i ru ty t that in i se inCouncil·? Order '!'heHonou r ab l e ShriR. K. S h a nm u kOhetty: h am Thatis mattera for "hiebmyHonou rfriend ab lthe e Law Minister mustanswer. JIr.Ohalrman: Thatmay have other imp l i c aand t iontherefore s toconsider itis best tb;squestion ind ep endofthat enOrder t inCouncil. We do not knowwhat itwill be. Shri)(. A n a n t h& s a y a nm a Ayyangar:Sir,not ~ inthis but in other men s \ J~ I 'ewe s h8n' got. these exp r eR"British s ion sIndia" and .. India " . .Some c la r i tJS ieaeertainly t ionecessary l l andso I proposetowait for this ~ inCouncil. 1IlSK fo r I tthe 'aveHouse oto fwithdraw themotion. Theamendment wasby leave the ofAssembly w i thd r awn . Mr. . ~ Thequestion is: "Thatclau8e "3stand part ofthe Bill." Them o t i o n adopted.w a s Clause3 WllS added tothe Bill. Clause1 waR added tothe Bill. TheTitle /lndthe Preamble wereadded tothe Bill. fteBonou rShrl r .bR. leK. S h a nm u kChatty: h am S i r , I mo . . . . : "ThattheB i l l a s am e n d e d b e p a s s ed . " 1Ir.0ba i rm&1'l1Ie lquestion : is: ·'ThattheB i l l a s am l ' n d e d b e p a s s ed . " Themotion was adopted. EX TRA - PROV INCJUR IA I L SD ICBILL T ION 'l'be Honou rSardar ab l eV a11 . aPatel .bhbh(Minister a i forHome, I n f o rm a t iOD ~ B ro ad cnand s tthe ing States): Sir,move: I "ThattheBill lJTovide to fo r th l 'of exece r rcta iin se ex t r a -p rovoftile in c i a l ju r i sd ic t ion < : en t r a l Govbetaken e rnm en i t r r to con s ide ra t ion . " This isa short measure andI shall on ly b r i e fthe lyreasons exp l a in have whyI cometo this House fo r i t s paThe sG sage o v e r . nm of eIndia n t eertain acquire4 pow e r s a n ( l juand r iin sd ire c t lato ionce:-tain t ion iareas n I lOn - ju r i sd ie t . iona l known~. andsem i . ju r iStates sd icand f .TaZ.kas iona of lWestern Indl. andGujrat, Manipl1r,etc.Before thepower was t ~ tothe G ~~ mentofIndia t l l e s e pow e r s byw ethe r eA g ex e r e-C r cl ie s edknown a s Po l I t l e a J Agenciesunder theCrown Rep re senand tawhen t ive ;~ u t lap.Redand powerwas tn l l lsthere f f 'was r red po s s ib i lvacuum i ty bemgo f ~ ~a . In.t~ areasasobvloush- thesewere not fit theforex e r c i s e o f sov e r e Ign ]UnSd l c t 'on . The Gov e rnmof enIndia thad ' to step into f ithe l lvacuum in and we~ anOrdinance creatinga machinery bywhich these pow e r s w e r e Itist T~ tobe exerCIsed .. now- a t t emptoreplace t ed theO rd in anbymeans e> e ofa .hort 1 198 OOlfSTJTUENT ASSBKBLY OF INDIA (LBGJSLATlVlI) [3RD I!BO. 194'r [Sardar ValJabhbhai Patel] leplation to create the machinery o{ appeal courts and other necessary para- pbernelia for exercising jurisdiction in those areaS. Therefore it affects small &reu of these semi-jurisdictional States and TaluktU. It does not affeot aD7, other part of the country. It if proposed to replace the Ordinance by an ~ of the I .. egislAturc and to give effect to it from the 15th August 1947. The Bouae will thus see for itself the neces8ity and iustifica.tion for the powera we are taking, and therefore I commend this Bill for the consideration of the BoUIe. Sir, I move. JIr. OhIIrman: Motion moved: "That the Bill t.o provide n,r the exerciae of certain ext.ra..provinciai jurisdict.ion of the· OeDtnl Government be taken into consideration." Ibn R1mmat Imp E. Jlahelhwart (Sikkim and Cooch Behar Group): Sir, 1 move: "That. the Bill be referred to a Select Commit.tee consisting of the Honourable Bardai- VrJlabhbbai PaUli, Shri &lwant. R&i GopaJji Mehta, Sbri A. P. Pattani, Sir V. :r. XriIhna- eachari, Durbar Oopaldu A. Deaai, Dr. B. Pattabhi Sit.aralDayya, Bhri M. Anant.bua]&DAa .,.,.angar, Shri Ragburaj Singh, Mr. Naziruddin Ahmad, 8hri N. Madbav Ran and til. KOver, with inst.rnctiona to report by tbe 6th December 1947 and tbat t.he number of _bera whOle preeelll'tl ahall be neceaaary to L'Onatitut.e a m.. ting of the Commi"- ahall • five."·' Tbe form in which I have moved the amendment represents an agreement reached on tho 8ubject and before making any remarks and taking up the time- of the House, I shall be grateful if the Government will kindly express their attitude so that the HoUle may not have to waste any time in hearing argu- menta in favour of thia motion. 11&11 Abdu Sa"" Baii Iabaq SeUl (Madras: Muslim): You do not want to. apeak? . 8hrl KImmet Imp E. Kullbwart: No, if the Government accepts the motion. 'fbi Boaoat&ble 8ardar VaDabhbhal Patel: I accept it. 8brl .,mm_ Imp E. MMelbwarl: In vie,,' ot the Goverpment's· aoaepl- anoe of t.he amendment, it is not necessary for me to offer any remarks and I commend the motion for the ncceptance of the House. Mr. 0halnD1D: Thfl question js: "That \.be Bill b. referred to a &lect Committee conliatina of tht' HOIlourable ~ Vallabhbbai PaUll. 8hri Balwant Rai Oopalji Mehta, Shri A. P. Pattani. Sir V. T. Krishna- -.chari, Ourbar Oopaldaa A. Desai, Dr. B. Pattabbi Sitaramayya. Shri M .•o\w.nthaeayanam. AYJ8I1pl', Sltri 'Raghllraj Singh, ~I . Na"ruddin Ahmad, Shri ~. Madha\" Rau and the Mover, wHh inatrucuon. to "'IlOrt by the 6th Dectomber 1947 un.l that the number of __bet ... wll_ prt'Mnce "hall be ne.·_ry to ronltitute a D1et'tilll( of thl' Committee shall: .'... " j The motion was adopted. INDIAN MERCHANT SHIPPING (A E E~'"T) BILL • . ft, JloDour&ble 8hrl If. V. GIdCIl (Minister for Works, Mines and Power): Sir, I mon: i "na, \.he Bill further \0 amend the Indian MerchaD' Shipping Act. l.923, be taken into- conud.... tion ... Thia'DiU ('nncta Ule proVisions of Ordinance No. 27 of 1947. It provides. thrue things. In the first. plllct! it ' \' ~ that no per.:OIJ shall transfer or dear any ship ill any port or port in Iuuin, or any share or intet'l'St thereof wit.hou. the pn'\vious approval of the Central Governm'.'Ilt. Th(' s('('ond thing it pro- mea is ~ t it ~ t ~~ th.E' transfer of rt>gistry of shipping. A ship that baa._ been reptered m Y!'d18 ~ .not ~ allowl'd t.o he registt'red in any porl out- aide India. The thIrd provuuon 111 tbat under the preS('nt. pollition for eTery INDIAN MEHCHA:,T SIIlPPING (AMENlnm" The lllaill objt'et of till' Bil! is 1.0 C(l1l"ern' shipping 1ItHi the slllall tonnage that we have. It is possible, Sir, that people may like to transfer their rights and may also like to t.ransfer the ships t.hat are reg'"tered here to countrieF; lJutside. It is necessary that this power must be with the Government, ",hell Government is anxious to increase tonnage. There is nothing to which an." objeotion can be taken and I therefore commend that the House may be plcased to accept this Bill. JIr. Ohalrman: !\lotion moved: "That. the Bill further to aDl('nd the Indian 7IleJ'chant Shipping Act, 1923, be taken into (·{lllsiueration. " JIr. Butruddin Ahmad (\VeF;t Bengal: Muslim): Sir, 1 move: "That in clause 2 of the Bill, in the proposed new 8ectlOn 289B- (i) the word, figures, letters and brackets '(57 &; 58 Viet., c. 60)' be omitted; and (ii) the word, figures, letters, and brackets '(57 &; 58 Viet., c. 60)' be in8erted in the margin." This is only a drafting amendment. The Statute reference is ~ t in t he body of the Bill. 'I'he usual practice is to give these Statute referenoes on the margin. The reason is that in the Merchant Shipping Aot of 1894 it is laid down that the Act shall be called the Merchant Shipping Aot of 1894. No "statute reference is necessary to complete the description. The description hy way of Statute reference is neoessary for resea.roh students. or for anyoll.e who would care to find the Statute in the ITlargin. This Statute reference not being required t{) identify the Act should be 'taken out of the body of the Bill and taken to the margin. Jt does not involve any chnnge in t.he principle or structure of the clause but is only a drafting device. JIr. 0Iuirm&n: Amendment moved: "That in clause 2 of the Bill, in the proposed new section 289B- (i) the word, figures, letters and brackets '(57 &; 58 Viet., e. 60)' be omitted; and (ii) the word, figurel!. letters, and brackets '(57 &; 68 Viet" c. 60)' be inserted in the margin." The JIoDo1Irable Dr. B. B. Ambedkar (Minister for Lp,w): . I should like to explain the position. I would say that the amendment has no Ilubstance in it. The t ~" u clause may either be in the margin or may be in the context of the section itself. c\U that is necessary is that there should be some identification. Originally it is true that in all the Bills that we have J)l'esented t{) the Assembly, such identification references were in the margin. But recently the printers have adopted the _ method of giving the references in the very ~ of the section itself and the purpose is to economise paper. For instance, when you have tQ gi"e the referenees in the margin obviously "ou W'ant to use a larger piece of paper. Since the war started this device ~\' adopted just for the purpose of economising paper.. I do not think there is any violation of the principles relating to drafting nor any violation of any law with regard to marginal notes. As a tt~ of fact marginal notes are unnecessary and need not be printed. Sbri 811r81h Obandr& Jla,jumd&r (West Bengal: General): 'fhere ~ sl,loh Ii thing as ., inner margin" note which does not waste paper! 1200 oo.STITOUT ASSBKBLY OJ' INDIA (~ .LATIV ) [SaD ;0.0. ~ The Ba:aoarabIe Dr. B. B. Ambeclkar: I do not know. ~ there iM. I am DOt an expert. I was given to understand by the Prinijng Depart· IGent of the Government of India that if you give these identification sections on tbe margin it would consume more ~ . Mr •• 1IIrad4bl Ahml4: In view of the eXIJlanstion given by the Honour- able Minister which I fully accept, I beg leave of the House to withdraw my acoendmen'. The amendment was by leave of the Assembly withdrawn. Mr •• uInddm Dmad: Sir I move: "TbU in c1auae 2 of the Bill, in the propoHd Dew eectioo 289C, (i) for the worela 'the Wercbal1t Shipping Acta' wherever they o<.'Cur, the worda and figarea 'the Mercbal1t Shipping Act, ~ aacrthe Merchant ShippiDg Act, 1894' be aubtttitutecf;" Sir, while the olauae in the Bill mentions ~ M:erchant Shipping ActB whioh means the British Statute as well as the Indian Act, the amendment point. out lpacifically that these are the two Act. meant. Of course if this amendment it accepted, then the statute references, as has been explained by the Honourable the Minister for Law, should be incorporated in the text .. t lubmit that iDSt.6ad of deacribing them as the Merchant Shipping Acts, it is better to defICribe them as the Merchant Shipping Act of 1894 and the Merchant Rhippilll{ Art of HI'JS. 1Ul'8l1ing tho Rritillh Aot Rnd ~ ( Indian Act. Mr. 0bIIrmaD: Amendmen t moved: "TbaL in ala.uae 2 of the BUl, in th .. propolled n_ »L'Ction 289C, (i) for the words 'the aaerchaat. 8h:r' Pine Acta' where"r 'hey occur, the word8 and fI.SUr&M 'lhe Mt'fcbaut Shipping .'eL, 1923 an the Merchant Shippin,:c A (:t, 1894' he .u ~t tut ;" ftt lIoDoarable 8bri •• V. CJadIIl: Sir, I ~ accept this amendment, becaul8 it will restrict the effect and BOme scope for miacbief will be left. fte B'oIaoarabII Dr. B. B. Ambeclkar: If I may add ODe more observation to what haa been said by the Honourable t~ in charge. I think this IlIlIllllllull'lIt ill t " ~' aud if my Honourublo frielld were to refer to the definition in the original Act, the M£'rchant Shipping Act, 1928, Section 2, .ub-clauae t5 (here I am IIpeaking from memory), be will find that thi8 amend- ment i. quite unneoeaary. . Ill •• uInaddla AIuDad: My only reason for moving this amendment was that I did not get R copy of the Act. In view of tbe explanation given by the Honourable Minister I beg leave of the HOUle to witbdraw the amendment,. The amendment was by leave of the Assembly withdrawn. Ill. 0balnD1Il: Tbe question I.: "That dau .. Z .cud part. of the Bill." The JUOUOD was t ~ Clause 2 \Via added to ~ ~ . ClnUle 8 was added ~ the BilL Cl"u&e 1 ,,'as ~ lo the Bill. The Title and the rN'smble we ..~ l\(idt:'d to the Bill. 'ft. BOIlourable 8hrl •. V. Gadlll: Sir. T move: "That \be BUt be puaed." The mo\i('Q WIl8 adopted. Tile .....,,,,bI, ,la,,, adiONrn.d till Elnen 0/ tlJe Glock on TItu,.day, the ~t t D.o,,,,b.r, 19f7.