Wednesday, 8th September, 1954

LOK SABHA DEBATES

(Part I-Questions and Answers)

VOLUME IV, 1954

[

SEVENTH SESSION

1 9 5 4

LOK SABHA SECRETARIAT NEW DELHI LOK SABHA DEBATES (Part I—Questions and Answers)

755 . 756

L O K S A B H A Dr. Keskar: Government began con­ sideration of the Report from the very Wednesday, 8th September, 1954 first day that they received the Re­ port. But it is obvious that Govern­ ment’s ability to come to any conclu­ The Lok Sabha met at a Quarter Past sion is always limited by consultations Eight of the Clock. with those concerned: and those corv* cerned will not be able to give their [Mr. S peaker in the Chair] opinion unless they have the copy of the Report available with them. The ORAL ANSWERS TO QUESTIONS very first day that the Report was received, the Joint Select Committee Recommendations of the P ress of the two Houses was sitting regard­ C o m m issio n ing the Criminal Procedure Code and ■^636. Shri Sadhan Gupta: Will the Government made available to the Minister of Information and Broad­ Select Commitee relevant copies of the casting be pleased to' state the action Report immediately. In the same way that Government propose to take on We sent the concerned portions to the the recommendations of the Press various Ministries and the State Gov­ Commisiriion? ' ernments, and also to bodies like the Federation of Working Joumalii>ts, the A.I.N.E.C., and the Indian and Eastern The Minister of Information and Newspaper Society, before the printed BroadcAsting (Dr. Keskar): Printed copies were made available to the copies oi the Report of the Press public. Commission became available about the middle of August. The Report is under examination by the Ministries Shri Sadhan Gupta: May I know concerned of the Grovernment of India whether the Government can give us and by various State Governments. any estimate of time that will be The views of bodies and associations taken for considering and finalising concerned are also being elicited. the action to be taken on the Report? Conclusions will be reached after due consideration is given to the views Dr. Keskir? It is not possible to which may thus be communicated and, give a general answer to this question, therefore, it is too early to give any because the recommendations of the Indication of the action that Govern­ CommiB^sion are very varied and cover ment propose to take on the recommen­ a very wide field, but there are certain dations. recommendations of the Commission which are important, as, for example, Shri Sadtaan Gupta: May I know those affecting the working joumalistg, whether it is from the printed copy and, again for example, those affecting that Government first came to know of the question of the Press Art. It is the contents of the Report, or, was the possible that certain recommendalions Report already in their hands before of the Commission might be consider­ the printed copy was ready? ed before certain others. So, it is 358 LSD 757 Oral Answers 8 SEPTEMBER 1954 Oral Answers 758

possible that Government miRht lake nhpiT w WMT fwipr up looking into the implementation of certain important recommendations •TWfT): r^FTRT ^ ?tI*? first, while leaving the others to be considered by the bodies concerned. ^ ^ ^ ^ , Shri Sadhan Gupta: Ooulrf we ' at ^ ^ ^ ^ arf? i r r ^ least know the time tl^^t. Gover;nipenl ^3jTT ^ w n f \ propose to take in finalising their decision about working journalists? ^ ^ 0 trrro : 'jIH’i I ■*)(? ni Dr. Keskar: 1 might say rhat * I c; irt spftr ^ f wquld not .be able to give any time, but my ^hon. friend may rest issured 3m ??rT ^ tWnir that it will be quicker aiui shorter than ^ 0 ifto jfto an^ »} atfj? sfTT the time taken for any other C^:>mmis- ^ ^ ^ ^ JT^ ^!?I^ ^arWt ? " win ' 3TT ^ I •i’ h n # fi T»fV5

I . •• ^ f I (T') ^ 1,1 - ^ 3^ 5TT^ ^ iT!Td' ’: arr ?Tw Tq;;?r SWRX *TT5FTT % atTt'TT ^>TTT ^ % f5T*rH % ^ arr^- % arfsRT WTT »HTT T»mT5T % ^ , tr^o ifwo ^ f , w r f w - t ...... JTTffr ^ 3TT t; afiT Mr. Speaker: Order, order. Pandit (^) arf^, -D, N. Tiwary. ‘ -.. .. ^ . .. r » t* r .. , ...... > ^ n f Pandit D. N. Tiwary: May I know whether there is regular check made before making payments, and if so, ^ I ? how over-payments were made? The Deputy Minifster of Irrigation Shri Haihi: It is not a question of And Powchr (Shri Hathl): (a) to (d). over-payment..actually.. .It was case A statement ‘Is lalii bn the Table of where a regular contract had been the SabKA. \*[Seie Appendix IV, ‘ttn'ne- entered into between the D. V. C. ^ d xure No. 32 ] ' - the contractors. The rates had been settled. The Rao Committee had said ^ inro IfWo fW'W • ^ ^ that the rates that were settled were ^ ^cT 4 h n ik ^ rather hi^h certain items , were inadmissii?le, but there was actually a legal contract. So, there is no ques­ tion of over-payment by mistake or it 7 ' “ • anything of the sort. 759 Oral Answers 8 SEPTEMBEH 1954 Oral Answers 760

K azak R efugees in K a sh m ir *639. Sardar Hukam Sin^h: Will the Prime be pleiised to *^Yo. its fW : state: (a) whether all the Kazaks, who (^ ) ^ s rT O '^ had taken refuge in in ^ October 1951, have since left the 3fft Ph T % SRTPT ^ country; and ^ ^ Trftr (b) the total expenditure incurred ^ f w n ^ forr by Government on their transport, maintenance and stay in India? ( ^ ) w % ^ i ? The parliamentary Secretary to the Minister of External Affairs (Shri The Deputy Minister of Rehabilita­ Sadath All Khan): (a) Ye-, Sir. 126 tion (Shri J. K. Bhonsle): (a) Rs. 3 96 Chinese Turks returned to Sinkiang crores. while the rest went to Turkey. (b) The amount could not be utilis­ (b) The total expenditure incurred ed by the State Governments clue to on the maintenance of Kazak refugees the following main reasons:— in Kashmir and on account of their transport to Bombay, on their way to (i) On account of readjustment Turkey, amounts to Rs. 92,236-12-9. of the administrative machinery to the new procedure involvinj» great­ Sardar Hukam Sinf^h: Some of them er scrutiny in sanction and dis­ have gone to Sinkiang, and others to bursement. Tibet. Was it of their own desire that some of them wanted t© ^0 to Sinkiang (ii) Implementation of li-e and others did not like to do so, or, schemes being held up because of did some other consideration prevail? the non-acquisition of the Umds consequent on the ruling of the ShH Sadath AU Khan: 125 Chinese Calcutta High Court also upheld Turks returned to Sinkiang of their by the Supreme Court that the own free will. Land Development and Planning Act, 1948, was ultra vires. Sardar Hukam Singh: Who bore their expenses from Bombay to Tur­ key? : 3TT #rnw ^ «BT ^ Shri sadath AU Khan: Not from ^ Bombay to Turkey, but from here to Bombay, we bore the expenses of their travel. The Ministry of External Affairs agreed to meet the expenditure *n5t;ir it, incurred on their rail journey by third ^ I ^ class from Amritsar to Bombay, and other incidental expenses not exceed­ ^ Iid ing Rs. 10 per head. That is our posi­ *0! ^ »n?i7r t 3 ^ iTfTw a? tion. JTW V? jf The prime Minister and Minister of f?wT «n atft ^ jpfNiT External Affairs and Defence (Shri Jawaharlal Nehru): The rest of the expenditure was borne, I believe, by irft iro ifto * r ) : some international agency which was helpwng them: not by India. ^TT'in# ^ nVv ^ ?6l Oral Answers 8 SEPTEMBER 1954 Oral Answers 762

H Committee of the All-India Khadi and Village Industries Board for the ^n^v:r ^ ^ »fwr setting up of an All-India Khadi and »pr=We 5^ V? hpTvt ^ Village Industries Research Instituta; 2f)T fvniT I - (b) if so, when is the Institute likely to start; and ^ ifnr : ^ Fw knnr- (c) at which place? fr^ ...... The Minister of Commerce and la- Mr. Speaker: Order, order. Shrl doBtry (Shri T. T. Krishnamachari): Basil. (a) Not yet, Sir. ' Shrl K. K. Ba0u: May I know whe­ (b) Does not arise. ther one of the reas^ons for this lapsinif of the money was that the siims were (c) The All India Khadi and Village granted so late in the financial year Industries Board have recommended that the West Benj?al Government that the proposed Institute be located could not utilise them and a represen­ at Wardha. tation was made to that effect? Shri Dabhi: May I know how long Shri A. P. Jain: That is not a fact. it will still take to come to a decision? Shri Amjad Ali: May I know how much of this amount was surrendered Shri T. T. Krishnamachari: 1 am by the West Bengal Government and unable to answer that question defini­ how much was surrendered by the tely, because discussions are going on Government of Assam? and there are certain differences which have to be resolved. Shri J. K. Bhonsle: The Government of West Bengal has surrendered Shri Dhabi: May I know the nature Rs. 341*76 lakhs and the Government of the differences? of Assam, Rs. 15*95 lakhs Mr. Speaker: While discussions are still going on, it is not proper to dis­ <1i5T VT *TWT ^ 4 ^5* close them to the House. h ro rfn f ^ n # i Shri N. L. Joshi: May I know whe­ ^ ^ y I' *T3[;? ^ » i ^ qr ther Government propose to send «iV w ^ ? research scholars abroad to study cottage Industries? <10 ^>0 'T? n w Shri T. T. Krishnamachari: 1 do not know whether it arises: we have no w’Tpt i?n3 ^njnrar ^ 3ti*r aih such proposal before us. ^ msTv ^ »ft ^ ^ I hroifnh r»nt B order R a ids *h|7 ^ I *643. Dr. Ram Sabfiag Singh: Will A l l In d u K h a d i a n d V illage I n d u s - the Prime Minister be pleased to TRiBS B oard state: *642. Shri Dabhl: Will the Minister (a) whether any raids were made of Commerce and Industry be pleas­ into Jammu and Kashmir State from ed to refer to the reply given to Star­ across the border since April, 1954; red Question No. 145 asked on the 19th February, 1954 and state: (b) if so, how many; and (a) whether Goverjiment have now (c) the extent of loss on the Indian accepted the plan of the Research side? 763 Oral Answers 8 SEPTEMBER 1954 Oral Answers 764

The ParUamentary Secretary to the Shri T. T. KrkAnamachari: Yes, Sir, Minister of External Affairs (Shri the figure for the year under review Sadath AU Khan): ^(a) and (b). Dur­ has decreased. ing the period April-July, 1954. tv/enty- four raids were reported to the Gov­ Shri K. K. Basu: May we know what ernment of India on the cease-fire line is the consumption by the metal box as well as on the Jammu-Punjab (P) industry of tin-plates? border. Shri T. T. Krishnamachari: We do (c) The loBS on our side was two not maintain any record of consumption persons killed, twelve injured and five of individual units nor can we disclose kidnapped; 48 heads of cattle lifted and the figures even if we have them. other property looted. The loss is estimated at approximately Rs. 7,7000. Kumari Annie Mascarene: It is a fact that tin-plates are given at a Dr. Ram Subhag Singh: May I know. cheap rate to foreign firms and at a Sir, whether the raids that were msde higher price to Indian firms? last year during the same period on the cea.se fire line on the Jammu and Shri T. T. KriBhnamacharl: Govern­ otlier borders were more in number ment in this matter is bound by article than the raids that have been nade 14 Of the Constitution which enjoins this year and what was the extent of on the Government not to discriminate damage done at that time and the between people. , number of persons who were killed? Shri Bansal: May 1 know how many Shri Sadath All Khan: During the units are producing tin-plates in the year 1963 there were five violations of country at present? the cease-fler line on the Jammu and in which the losses on our side were Shri T. T. Krishnamachari; So far four persons killed and one injured. as I know, one unit. With regard to details in the Jammu area from across the border for this period we have called for information, Ammonium Sulphate but have not yet receive<^ them. *645. Shri K. P. Sinha; WiU the Sardar Hukam Singh: May 1 know Minister of Production be pleased to whether any of the heads of cattle lost state: in these raids could be recovered after protests or negotiations? (a) whether it is a fact that due to certain plant troubles, the target pro­ Shri sadath All Khan: I do not duction of 1,000 tons of ammonium think so; they were just taken away. sulphate per day is not being achiev­ ed in the Sindri Fertiliser Factory; T in Plates *644, Shri Jhulan Sinha: Will the (b) the quantity produced in the Minister of Commerce and Industry months of May, June and July, 1954; be pleased to state the position re­ and garding the production and consump­ tion of tin plates during the year (c) the quantity in stock at the end 1953-54? of July, 1954? The Minister of Commerce and In- The Minister of Production (Shri K. dnstry (Shri T. T. Krishnamachari): C. Reddy): (a) Yes. Every effort is The production was 54.98U tons and being made to achieve the target, consumption roughly about 57,500 tons. which is more correctly stated as 960 Shri Jhnlan Sinha: May I know, tons a day ordinarily, with allowance Sir, if there was any increase or to be made for a certain number of decrease in these figures as compared days in tlie year for full or partial to the previous year, so far as thiai shut-down for maintenance, overhaul, industry is concerned? etc. 765 Oral Answers 8 SEPTEMBER 1954 Oral Answers 766

(b) The qum iiiy produced was Cbntral Programme Abiisory Committib 22,044 tons in May, 23,454 tons ' In , *646. Shri KrlshnMS^rya JosM: June, and 20,433 tons Jn July 1954 that Will the Minister of I^fornuitlOB a total of 65,931 t'ons In the three aiidi Broadcfurting ^ pleased to state: months. (&) the maih recommendatioiis (q) 923 tpn^ made by the Central Programme Ad­ visory Committee, the /Vdvisory Shr* k . P. Sinha: May t^knaw,. Sir, Board for Music and the Central the total du^^ntity of demand and tfie Hindi Advisory Committee; and quantity despatched during the year? (b) how many suggestions made by Shri K. C. Reddy: I am sorry -I have '*ttle‘ Committee have been implemen­ not got the exact fixtures with me now. ted so far? The Minister of Informatioii and Shri K. P. Sinha: M ay.i Jknow the Broadmting (Dr. Keskar): A j^tate- quantity imported this year?* . ment giving the information is laid on the Table oif the . Sabha. [See Ap­ Shri K. C. Reddy: There is a propo­ pendix IV, annexure No. 33.1 sal: I think the Mmislry of Food and Shri Krishnacharya Joshi: May I Agriculture has taken a decision to import one lakh tons during this year. know, Sir, what are the main functions of these committees? Shrimatl Tarkeshwari Sinha; May I Dr. Keskar: Their main function is know, Sir, whether the Development to advise in regard to |>rDg<‘ammes. Council for Chemicals and Fertilizers As far as the Hindi Committee is con­ have suggei-ted to Government ‘to cerned, it deals w i^ questions arising double the production immediately at regarding the difficulty of finding Sindri; and if so, are Government go­ equivalents^' for • foreign or English ing to implement that'suggestion? words. It does not advise about prog­ rammes. ^ .... Shri K. C. Reddy: So far aa l know, Shri Krishnatharya Xoshi: May I the Development Council has not made know how many persons are serving any suggestion to double production at on each committee? Sindri as th^ hon. Member has 'j!idt it. But a decisidn h'as been triken, or a Dr. Keskar: 1 would require notice. recommendation has been made by llle The rule is that the number shall not Council to the effect that more fertilizer be more than 30. • units are perhaps Necessary in the country.

Shri Bhagwat Jha Azad: Are Gov­ ernment aware that this frequent re­ t ^ ^ w m ^ ^ duction or increase in.. the production at Sindri is due to the blood be­ WTVP* ^ ^ ^ tiHiQ tween the union leaders and the ^ ^ TfhrvT? ^ f ? ' management who are arbitrarily^nomi­ nating and promoting officers in the Dr. Keskar>^I would require notice management? „ if there is any quosticn. regarding the Programme Advisory .Committee attached to the Delhi Station. Shri K. C. Reddy: I do not think that is the reason for the variations in Slhrl.y,. P. N.»yar: May I know, Sir, production from-day* to day. But if how many times these committees meet there are any reasons like that, Gov­ annuaHy and rp^y I also know whether ernment will look into them and see it is a fact that these commitvtiees are to it that they are rectified. consulted only after programmes are 767 Oral Answers 8 SEPTEMBER 1954 Oral Answers 768 Qnihised/.or whether they are consult­ sion. His services were accordingly ed before the programmes are drawn dispensed with. * ^ up? (c) The matter was taken ud with the Government of United Kingdom who Dr. Keskar: The committees meet issued strict instructions with a twice a year. Their functioh is hot to preventing the recurrence of such to- h ^ p in the preparation of prog­ incidents involving breaph of *)rotocol. rammes. Their function .is give general suggestionn regarding the im­ Pandit D. N. Tiwary: May we Itnow provement in programmes. As such, whether it was a deliberate action on the question of consulting them in the the part of the Kenya authorities to formulation of programmes does not humilate the Indian employees there arise. Asi far as the local committees for their s 3rmpathy with the liberation which are attached to various stations movement? / ' , are concerned, they do give specific suggestions regarding the improvement The Prime Minister and Minisler of of programmes to those various sta­ External Affairs and , Defence (Shri tions but that is not the function of the Jawaharlal Nehru): The authorities in Central Committee. Kenya expressed their great regret for tiiis and said Qiat it was obviously an error on the p|irt of particular officer I?^iAN Embassy at Nairobi who did this. We must accept their ■ i: word at that. ‘ *647. Pandit D. N. Tiwary: Will the Prime Minister be pleased to state: Pandit D. N. Tiwary: May I know whether any action was iaken by Kenya authorities against that^ pcjcii- (a) whether the employees of the cular officer? . . Indian Embassy at Nairobi..who were arrested by ihe Kenya authorities in Shri SaHjitfi All Khan: T fhink action April-May 1954 have since been re­ was taken. ' '' leased; • ’ ... Shri KasUwal: May I know if the , /V r ■ ‘ Government of Kenya propose to pay (b) whether any of the employees nny comp'iensatioh to the employees of were prosecuted for Mau-Mnu activi­ the Indian Embassy for their illegal ties or for giving shelter to ‘men of arrest? - ’ Mau-Mau organisation; and - ' Shri. Sadath Ali « Khan: They pro­ (c) the action' taken by Government mised to pay damages but the, loss was . in the matter? : so trivial that we though w^ need, not claiAi it. The Parliamentary Secretary to the Minister of External Affairs (Shri Sale qP Khaoi * ^ Sadath Ali Khan): (a) and (b). In *650. Ch.' Raghublr Sin^: Will the the course of a mass screening operft-» Minister of Commercie and Industry tion in Nairobi on the 24th April last, be pleased to state: . i British troops and police entered the premises^ of our Commissioner’s oflftce (a) whether there has been an in­ there and arrested all the African crease in the' sale of Khadi and other members of the staff. Subsequently, handloom cloth since the passing of however, all these arrested personnel the Dhoties (Additional Excise Duty) were released with the exception of Act 1953j and one peon about whom our Commisv sioner was informed by the local autho­ (b) if so, the percentage incfease? rities that although he had been screened, yet he was held fn suspicibn The Minisler of Commeree and ’In­ and that it was not advisable to re­ dustry (Shri T. T. Kriftbnaitiaciian): tain him in the employ of the'' Mis­ (a) and (b). Data relating to sales. 769 Oral Answers 8 SEPTEMBER 1954 Oral Answers 770

Of handlDom cloth are not available. (b) how many Indians left Capj^ Since production of handloom cloth Town or South Africa during the has increased by about 13 per cent, year 1953 and uptil June 1954 due to and it is reported in the several parts the humiliating treatment meted out of the country where the handloom to them? weavers are concentrated that the stock position is easy, it niight be The Parliamentary Secretary to the reasonably assumed that sales of Minister of External Affairs (Shri handloom cloth have increased. Sales Sadath Ali Khan): (a) Government of Kliadi cloth have increased by 17 have seen Press reports to this effect. per cent. (b) Forty and thirty-two persons of I would like to add that I am Indian origin returned to India as iinable to see the connection between voluntary repatriates at the expense of the two factors mentioned in the the South African Government in 1953 question. and upto June, 1954 respectively. Many others might have also returned Shrl DAbhi: May 1 know the quan­ to India at their own expense during tity and value of Khadi purchased by this period owing to the present con­ the Government durinfi the year ditions in South Africa but no figures 1953-54 and the quantity they are are available. going to purchase during the current Shri Nageshwar Prasad Sinha: It is year, i.e. 1954-55? stated that Government have seen Shri T. T. KrlBhnamacfaAri: I am Press reports. May I know whether, alraid I have not got the figures. on seeing such reports, no note of pro­ test was sent to the Government con­ Slirl C. R. Chowdary: May I know cerned? what steps have been taken by the Government to see that the handloom Shri Sadath Ali Khan: It is not now cloth is sold in the market and what possible for the Government cf India encouragement is given by the Gov­ to verify the correctness of facts men­ ernment? tioned in these reports. Shri Nageshwar Prasad Sinha: What Shri T. T. Krishnamachari: The about those persons with .-egard to various steps taken have been outlined whom I am asking? What about those Irom time to time and recently, about who left Cape Town and who could ten days back, there was a resolution not come here at their own expense? and while replying to that, X gave the May I know whether steps are being poaition. Government are trying to taken to repatriate them and to endeavour and see that sales of hand­ rehabilitate them in India? loom cloth are promoted thro\agh the eObrtfl of the All India Handloom Shri Sadath Ali Khan: Indians from Board. In some cases we are giving South Africa come to India for short a vebate on sales of cloth produced by visits. Some come for permanent stay the co-operative societies. and others come and go. The Gov­ S o u t h A fbica ernment of South Africa has a scheme to assist the repatriation whereby the •OSl. Shri Nageshwar Prasad Sinha: cost of repatriation to India of those Wm the Prime Minister be pleased who avail of the scheme is borne by te state: the South African Government. But if those people want to go back with­ (a) whether a large number of in three years, they have to pay back widows and aged and disabled In- what they have taken from the Scuth dUns were subjected to hardship African Government. fbc drawing their pensions in Cape Town due to the policy of '‘Apar­ Sardar Hokam Singh: After seeing theid” followed by the Government the reports in the newspapers did there; and Government take any steps to verify 771 Oral Answers 8 SEPTEMBER 1954 Oral Answers 772: whether there was any substance in the mines or not and If so, what should these reports or did they presume that be the agency in case we dccide to* they were aU false? work, and so on and so forth. It is- too early to say as to what the plan Shri Sftdath AU Khan: The hon. would be and when it would be finalis­ Member knows that since July, 1954, ed. The Government of India hope we have no representative there and that it will be finalised as early as- the Indian Hitfh Commission in South possible. ' Africa remains closed. Therefore, it is difficult for us to check these re­ Shri Bansai: May 1 know if the Gov­ ports. ernment of India have satisfied them­ selves that this particular Britishi firm has ample experience in the pro­ ' N bivblx L ig n it b M in es duction and processing of synthetic *655. S^rlmAti Taikeflliwacl Sinha: petrol? Will the Minister of Production be pleased to state: Shri K. C. Reddy: Yes, Sir. Shri S. V. Ramaswamy: Is it a fact (a) whether a British firm has been that an American firm has offered to^ asked by the Government of India to take over the mining operations? prepare a plan for full-scale mining operation in the Neiveli lignite area Shri K. C. Reddy: I have no exact in the South Arcot District of Madras; information on that point. Shri Bansai: May I know if it is a (b) if so, what will be the estimat­ fact that this British firm has approa­ ed cost of the project; and ched a German firm wKo have pre­ (c) whether any Indian capital will pared a project report in this country be invested in it? for assisting them In this matter? Shri K. C. Reddy: I do net know Hie Minister of Prodnction (Shri K. what the British firm has done in the C. Reddy): (a) A firm of consultants course of the discharge of its c^jties has been asked to prepare a project but so far as I know tliat is not a fact. report for the mining and utilisation Shri S. V. Ramaswamy: What is the' of lignite deposits at Neiveli. The progress of the pilot project now and United Kingdom Government has made in how many years do we cxoect to* the services of a British firm available get the lignite? ioT this purpose under the Colombo Plan. The project report is awaited. Shri K. C, Reddy: Regarding the progress of the pilot project, two- (b) No estimates have been pre­ thirds of the excavation has beeiv pared yet. completed—perhaps a little more. The (c) The manner of fUiancing the whole thing is expected to be complet­ project, in case it is considered an ed in three or four months' time. As economical proposition, will be exa­ I stated earlier, we are awaiting? the mined on receipt of Ihe project report. project report from the British firm and after its receipt we will decide Shiimati Tarkeshwari Sinha: May when to start full scale operations. we know whether the olan is being One cannot venture to give a time-limit drawn In consultation with the Gov­ with regard to that part of the question. ernment of India and if so, by what time the plan will be finalised? E n g in e e r s ’ C om m itteb of Co-o r d in a tio n *656. Shri Bhagwat Jha Azad: Will Shri K. C. Reddy: We are awaiting the Minister of Irrigation and Power the project report and it is expected be pleased to state: by the end of this year. After that report is received we have to take a (a) whether the Engineers* Com­ decision as to whether we should work mittee of Co-ordination appointed ii*^ 773 Oral Answers 8 SEPTEMBER 1954 Oral Answers 774 the Ministry will have any permanent The Deputy Minister of Irrigmtlon •oflace bearers; and . , . and Power (Shri Bathi): (a) 66, in­ cluding those employed on Bhakra (b) whether any extra sum would Nangal Project which, though execute be, spent over this Committee? ed by the State Governments concern­ The Deputy Minister of* Irrigation ed, has been treated for all practical purposes as a Central project. and Power fShri tiathi): (a) No, Sir. The Chairman of the Central Water and Power Commission will act as (b)' Ekcept on Bhakra Nangal,the Chairman of ^ Oommit'fee‘and MeYri- services of most of the experts are ber CWPC as its Member-Secretary. likely to be dispensed with by the end of the First Five Year Plan. There (b) The only expenditure incurred will be a progressive reduction in the would be on account of travellinj; ex­ number of'itoreign experts on Bhakra penses. Nangal btot limited number would be Shri Bhaffwat Jha Azad: May 1 knpw required on this project even after the First Five Year Plan. what would be the precise nature of i work done by* this Committee? Shti Bishwa Nath Roy: May I know Shri Hathi: Mainly, this Committee whether Any foreign expert was ap­ is meant to take up and follow up the pointed last year or this^ year? action on the decisions taken at the seminar. • Shri Hathi: Some experts were appointed last year. Shri Bhamvat Jha Azad: May I know when this Committee, started Shri G. P. Sinha: May I know whe­ lunctloning and by what time it is ther there is any proposal to invite expected to submit its report? foreign experts from China or Russia for the different river valley projects in IShri Hathi: The--Committee has been North Bihar? appointed on the $th May 1954, and it met on the 16th July and 22nd July, Tile .Minister of Planning and .Irfi- 1954. gation and Power (Shri Nanda): There is no such inteption so far as river The MinlBter of Planning, Irrigation valley projects are concerned. and Power (Shri Nanda): May I add, Sir, that this is a standing arrange­ Shri Sadhan Gupta: ^^ow .many of ment? It is not a Commitee which the sixty-six foreign experts are just gives the report and then the work Americans and how many British? ends. It is an arrangement fc»r co- ordinati on an d ' that, i s .. ^ , c.onJtinpii7g Shri Hathi: I would require notice function. for that. Shri Nanda: May I give that infor­ F o reig n E xperts i n P r o jbcis • mation? i have got the number. *657. Shri Bishwa Nath Roy: Will Forty-one American specialists and the Minister of Irrigation and Power three European specialists are em­ be pleased to state: ...... ployed on the Bhakra Project. (a) the number of foreign experts Sardar Hukam Singh; May I know engaged at present in the different river whether there were any complaintH valley Projects in India under the Gov­ against the di.^charge of certain Ame­ ernment’s control jlild In the depart­ rican experts, that there had been a ments connected with them; and breach of the contract? (b) whether their services will be Shri Nanda: There has been suine dispensed* with by the end of the tirs t correspondence abo«t^4t, but there is Five Year Plan? nothing in it 775 Oral Answers 8 SEPTEMBER 1954 Oral Answers 776

N a n d ik o n d a P roject in Hyderabad State have b e^ held up because of this Nandikonda Project? ^66L Shrl Bttchliikotaialu Will the Minister of Irrigation akiil Power be Shri Hatil: 1 do not think that pleased to state what decision has been various other projects are being held taken, by Government in regard to the up. But it is> a co-ordinated plan, and inclusion of the Nandikonda Project in it may be that certain projects ^may the First Five Year Plan? not be taken up in ' casfc this is taken up.

The .Deputy MiniHter of irri«:atioii S alt and Fewer (Sliri Uatlii): No c edsion has yet been taken regarding t e inclu­ *^662. Shrl Eaghunath Singh: Will sion of Nandikonda Project in the the Minister of Production I5e pleased First Five Year Plan. to state: -

Sbri Buchhikotaiah: May I know (a) whether it is a fact that the Whether it is a fact that the Andhra exploitation of the subterranean brine Gbvemmen’f recently asked the Centre area of Sultanpore in Gurgaon District that the Nandikonda scheme should be of Punjab by open dug wells, for the Included in the First Five Year Plan? purpose of salt manufacture is feasi­ ble; .and Shrl Hathi: Yes, in fact the project (b) 4.f so, whether Government are report has been received. It has been considering the question of manufac­ examined.’ A team of officers was turing salt in the said area? sent there to discuss with the engi­ neers of the States concerned. They >The Parliamentary Secretary to the have suggested certain changes accord­ Minister of Production (Shri R. G. ing to which investigations are being Dubey): (a) Yes. proceeded with. , { (b) No. However, it is understood Shrl Nanadas: May I know the diffi­ that the Government of East Punjab culty of the Central Qovernment in have a proposal tp organise a Co-oper­ including this proiect in the First Five ative Society to run a salt factory in Year Plan? this area and have drawn up a scheme for the development of the salt indus­ Shri .Hatbi: There is no difficulty. try in the d’istrit. Boring operations The question is that the project re­ are understood to have been under­ port has to be considered and examin­ taken with a view" to deciding: the ed in detail. In order to avoid any brine reserves, their location and com­ delay, the Government has taken steps position. to see that the matter i» expedited, and Shri Nanadas: May I know the instead of corresponding wfe sent a team of officers to discuss personally. quality and quantity of the brine available there? Shrl Raghuramaiah: Ip view of the Shri E. G. Dubey: It is not possible reports which are being very widely to assess the reserves avaUable there, circulated in the area affected by this but I can give some roug^b estimate. that the projcct is being slowly drop­ These salt reserves were exploited ped, may we have the assurdiice that ri^ht upto 1900. In those days the the project is still under the active annual production was of the crder of and sympathetic consideration of. the 2 lakh maunds. ' Government? ' Shri Nanadas: I want to know the Shri Hathi: Sir. it is being consider­ quality of brine available there. ed by the GovemmeHt. ' ' Shri R. G. Dubey : Except in the IMwan Raghayendra Bao; May I case of Sultanpore village the quality know if various other small projects In other villages is Inferior. 777 Oral Answers 8 SEPTEMBER 1954 Oral Answens 778

ShJri B h a r a t Jha Azad: May 1 aino ifTo ^ ^ W tT know il the lease will be ^iven to private enterprise or if Government 1^ mthrv fV? ^ ir^ will themselves undertake the opera­ ^ fip arrar ^ ^ tions? i?rwT t 5iTr <1? Sbri R. G. Dubey: As I said in my ^ ^ 5TT ? answer the Punjab Government have already undertaken the boring opera­ Shri T. T. Krishuamachari: If the tions! in this area. Thie results are hon. Member would put down a ques­ awaited. tion I will answer it. Shri K. K. Basu: May 1 know whe> ther the grants are sanctioned by the Centre on an ad hoc basis or on the recommendajtion of the respective inrt 3'ifhT ^ State Governments? f r ■ Shri T. T. Krishnamachari: There (v ) ^ m k are various methods adopted, invari­ ably there is a Board for each parti­ % 'Tt ^ cular purpose—Handloom Boards TTRff ^ ?TP

?Efpr ^ ^ ^ (a) whether the Uttar Pradesh Gov­ ernment have submitted lo the Centrall ^ ^rm? ^ irfvr Grovernment a Road Development Pro­ »f ^fWT3rf ^ ^ f ? gramme to relieve unemployment in. the State; Shri T. T. Krishnamachari: The ques­ tion asked for a statement. I have not (b) the number of persons that got an analysis of the demands made by would secure employment under this^ various States. I would like to have programme; notice. (c) the total estimated cost of the Dr. Bam Subhaf Singh: He is asking Project and its details; and whether there is any such institution in U.P. or not. (d) the amount of money that the Central Government have agreed to pay Shri T. T. Krishnamachari: I s a id I as grant or loan for the purpose to the have not got a n analysis of the States State Government? and institutions unless it is covered by the statement. I am afraid I will The Deputy Minister of Irrigatioift^ have to ask for notice. Power (Shri Hathi): (a) Yes. Sir. 779 Oral Answers 8 SEPTEMBER 1954 Oral Answers 780

(b) Approximately 24,500. In addi­ Shri Hathl: The Central Govern* tion to the above, about 32.500 persons ment is goinc to give a grant uf will get seasonal employment Rs. 125 lakhs. The balance will be spent by the State Government. (c) There are five schemes estimat­ ed to cost Rs. 6‘08 crores as detailed Shri G. P. Sialu: Is there any pro­ t>elow;— posal to expedite tlie road develojH [Cost in Rs. (lakhb)] ment programme in the draught affect­ (i) Construction of New Metalled ed area in Bihar to relieve the heavy roads ... 236 14 unemployment there? (ii) Metalling of unmetalled roads Shri Hathl; Regarding Bihar, I .. 145-30 require notice. (lit) Reconstruction of Local A id TO T ravanoorb-C o c h in Metalled roads. 1600 *667. Kumarl Annie Mascarene: Rs. 13 lakhs. The progress is being examined by the Planning Commission. ^ Shri A. M. Thomas: May I enquire it, 3 ^ ^ ^ whether any demand has been made TT aifijv Wtrf by the Travancore-Cochin Govern­ 3fi Tfr ^ aiw w w r ^ ment for bridging the gulf in the cur­ rent years’ Budget between revenue and exs>enditure, and if so, what reply the Government of India has given? Oral Answers 8 SEPTEM9V9 Oral Answers ?8i

SlUi Hftlhi: No« I do not t^ n k Ijbat blocks were originally allotted to Mani- BDy f^ucb request lias been mc^^e. puj for the current year and one was withdrawn? If so, what is the reason C ompensation ^ therefor? •668. Shri Gidwani: Will the Minis­ Shr^ Hathi: One was to be allotted last ter of Rehabilitation be pleased to year.' One community project block was state whether Goverhment have de­ allotted in 1952. Looking to the work* cided to include Sanitary Committees and having rfegard! to the State’s in­ of Sind as Urban Areas for the purpose ability to g^t trained personnel, that of payment of Compen$ation of the block was not allotted last yeAr but is properties situated in them? allotted this year. The Deputy Minister of Rehabilita> tion (Shri J. K. Bhonsle): The mutter Shri Rishan^ Keishini;: May 1 know is under consideration. the reason why the Manipur Govern­ ment have not been able to train ade­ Shri Gidwani: When will a decision quate number of workers for the be taken? National Extension Service block uptill The Minister of Rehabilitation (Shri now? A. P. Jaln): I may inform the hon. Member that this is rather a compli­ Shri Hatbi: Tho Manipur Govern­ cated matter and there are conflicting ment have sent men now ind some are being trained at the Training views. Whereas the inclusion of the Sanitary Committees amonf? the urban Centre. At- the time when the b^ock areas miifht help the urban people, was allotted, there was not the re­ it may have an adver>e effcct on the quisite number. rural people. In fact, most of the Shri Rishang Keishing: In view jf the agitation with regard to the inclusion fact that there are 8.000 square miles Of the Sanitary Committees in the of hill area with a population of over urt>an areas comes from the urban 2 I'lkhs, and in view of the fact that on people. We haVe to' WeifeK all ' the account of lack of interest on the part material facts carefully before we of the Government of Manipur in the take a decision and it may take Quite development of these hill areas, people a bit of time. are losing fjjith in the Government of N . E. S. B locks i n M a n ipu r India, may I know whether Government •670. Shri Rlshang Keishlng: Will will take sufficient steps so that deve­ the Minister of Planning be pleased to lopment plans like National Extension state: Service blocks are successfully imple­ mented' in the hill areas during the re­ (a) the total number of National maining part of the Arst Five-Year Extension Service Blocks to be allotted Plan? tb the Manipur State during the entire period of THe First Five Year Plan; and Shri Hathi: Actually, according to the population. Manipur would be entitled (b) the names of the National to 2*5 blocks: that is. one-fourth of tnb Extension Service Blocks already allot­ rural population. That number has ted to that State? already been achieved. But. looking to • The Deputy Mlniater of Irrigation their performance. Government may and Power (Shri Hathl): (a) Two consider that question. blocks. One Community Project C entral A frican F ederation Block was allotted to the State in 1952, and one National Extension •671. ?hri Kasliwal: Will the Prime Service Block has recently been allott­ Mintaiter be pleased to state: ed for 1954-55. (a) whether the Government of the (b) Mao Maram (Hill area). Central African Federation are tighten­ ing up the immigration laws of that Shri Rlihaaf Kelahlng: Is it not a fact country by which Asian immigration that two National Extension Service will be further reduced; and 783 Oral Answer* 8 SEPTE3nIBiat 1954 Oral Amwert ■ ■ ■ ’. 1 v^' i ' 7 ^ (b) whether iGovernment propose to Shri Keto|i|pan: Is it a fact that in. take up the matter with the Central the Five-Year Plan, priority was not Afi-lcan Federation? given tp tois flood control though floods were occurring very often? The Parliamentary Secretary to the Bfiilister of External Affairs (Shri Shri ^Hathi: No. In fact, the Damo- Ssdatb itlLJChan).^ (a) The Government dar Valley scheme and the Hirakud of the federation of Rhodesia and project were meant for flood control. Nyasaland have introduced an immi^jra- Shri Bhagwat Jha Axad: May I know tion bill into the Federal Parliament whether the Government propose tO' which has already . pas.*?ed its first and appoint some high level Flood Control second readings. AJthough no specific Conin:ussion as floods have now be­ refereVte' about Asian Immigration has come a reguhir feature every year? been made in the bill, the Federal Mfn'lS'ter'for Wome Affairs, Mr. J. M. The Minister of Planning and Irri­ Greenfield, while replying to the deb^ate gation and Power (Shri Nanda). That on the second reading of the bill, stated has already been announced in the thtft liie p'olidy the Federal Govern­ statement that I laid on the Table of ment was not to permit further liidfan tj;ie House and read to the House. or Asian immigration with certain ex­ Dr. Ram Suhhac: Sinch: May I k n o w ceptions such as teachers, ministers of religion and wives of persons already whether anv Central Minister had sug- settled in the country. e e s te d in 1949 to control the flood of ■^’•ahmaputi a near P;brugarh and that (b) Yes. Sir. The Government pro­ tvas n H h vied to? pose to take up the matter again. Shri Nanda: Regarding Dibrugarh, vKasliwal: May I know wheher sever ' ’ ' /estigatiohs were made. it has becom^ the declared pplicy of the /\lteriiati\ ' suggestions had to be Government of the. Central African examined and ultimately, a particular Feredration finally to completely ban scheni .' was adopted. Asian immigration and t9 allow only European immigrants? , Indians in Burma Shri Sltdath Alt Khan: It is not for *673. Shri K. C. Sodhia^ Will the us to say; hut *fo it seems. Prime Minister be pleased to state:

F lood Control (a) the approximate number o f In­ dians in Burma a t present; •672. Shrt Kelappan; Will the Mi/iis- ter of Irrigation and Ponfer be pleased (b) whether Indian immigration is to state: * ' allowed in Burma now; and (a) the amopnt of money allotted to (c) if so, on what conditions? various iliates for flood control* iinder ■ ' ...... • the First Five Year Plan; ahd . The Parliamentary S^retary to the (b) the amount already drawn by Minister of External AfTaln (Shri each of them so far? ^ Sadath All Khan): (a) Between six to seven lakhs.

The Deputy J\|Ilnlste^ o i Irrigation (b) Fresh emigration for unskilled an^ Power (Shri Hathi): (a) and (b). work is prohibited, but emigration for Though thef;e i^ no ^pctcific amount of skilled work is permissible. money allotted to various States for flood control the First Five-Year (c) The employer is required to^ P^n, there are schemes which are execute with individual employees a desfgne4 ^or fibod control alonp 'with contract of service stating the terms other beneflta of irrigation rind power, and conditions of employment which Therp axe also schemes for flood pro­ must have the prior approval of the tection. Government. 785 Oral AuMwers 8 SEPTEMBER 1954 Oral Answers 786

Shrl K. C. Sodhia: How m ary of I n d ia n R ubber B oard them have adopted Burman citizen­ *675. Prof. Mathew: Will the Minis­ ship and how many are Indian cltlzei\s? ter of Cbmmerce and Industry be pleased to state: Shrl Sadath All Khan: If they so adopted, they cease to be Indian (a) whether it is a fact that Govern­ nationals. ment have advised the Indian Rubber Board not to give recognition to its Staff Association; and E xflosivbs F actory (b) if so, the reasons for the same? «674. Shrl H. N. Mukerjee: WiU the The Minister of Commerce and Minister of Commerce and Industry Industry (Shrl T. T. Krlshnamacharl): iibe pleased to state: (a) and (b). The Government agreed with the Chairman, Indian Rubber (a) the number of indigenous fac­ Board that it was not necessary for tories manufacturing explosives; the small staff of the Indian Rubber (b) the number of workers employed Board to have an Association since -therein; and the genuine grievances of such a limited number of persons are unlikely to escape the attention of the Board. (c) the effect on them of Govem- It was, however, left to the members onent’s agreement with Imperial of the staff to form an Association, if Chemical Industries (India) Ltd. for they so desire. rthe setting up of an Explosives factory *ior civilian requirement? Prof. Mathew: In view of the fact that a very small number of people The Minister of Commerce and have to deal with the employers, it is Industry (Shrl T. T. Krlshnamacharl): all the more necessary that they should ers 8 SEPTEMBER 1954 Oral Answers 788 Shri P. C. Bose; I want to ask one question. ’tsr ^ fiiTsrtr PptTT t ; aftr * Mr. Speaker: We will go to the next Question. ( ^ ) JTf? ff, ?it ?[?iT ?TPr'*r n ■ ^’T *r??y 3TTT^f ? The Parliamentary Secretary to the Minister of External Affairs (Shri Sadath All Khan): (a) Gove-nment are not aware of any such proposal. (b) Does not arise.

«TO ^ ^ *n5i;tr if ( ^ ) WT sjspT ifsTJT ^ ^ ^ vffjFT tt aPTTT ? iR <^?HT ^ 1 3T7T7 (^) ff, ?ft j(r*r ?rt ? I 30<

(»i) v j !PT)Tm ^ *rr?TR TOR ?rnT fT^ 7W ^ aTTiT t ? •

The Parliamentary Secretary to ths ^ ^ ^ ^ t I f w ^ Minister of External Affairs (Shrl ^ ^ tT?8FR ^ H^T^nTT ^ Sadath All Khan): (aj and (b). Owing H<=!Iri ^T^TUTT I to a substantial dec-rease in the traffir to Ceylon, the Government of Ceylon Uneconomic Evacuee Pkoperty f-ave been requested by ,the Govern­ ment of India to close their Quaran­ *681. Sardar Hukam Singh: Will tine Camps in India. the Minister of Rehabilitation be pleased to slate: (c) Nil. (a) whether it is a fact that Gov­ ernment have issued instructions that ^ 0 . ^ 0 nUMi : the sale of uneconomic evacuee pro­ perties should begin forthwith through T

(b) Evacuee properties, the cost of upkeep and administration of which is vnrvy MUt of all proportion to the income realized from them, are deemed to be ^ : WT SWW uneconomic. Sanction to saJe is accord­ JTf 5RTH ^ f^TT % : ed by the Custodian General of Evacuee Property under Section 10(2) (^ ) w t ?rr+K »n^ ? (o) of the Administration of Evacuee sf^^^TPT »rf^T ?iftrfiT st Property Act if he is satisfied that disposal of the property would be TfrsRt iJfJT ?«TTiflf >rr advantageous. 358 LSD 789 Oral Answers 8 SEPTEMBER 1954 Oral Answers 790

Sardar Hukam Sin^h: What is the Shri Bansal: May I know if it is probable number of these properties? the policy of Government to encour­ Has^ that been assessed? age the manufacture of art paper and newsprint by hand-made process in Shri J. K. Bhonsle: Yes, Sir. Last the country? year, we authorised the sale of about Shri T. T. Krishnamachari: In re­ five thousand such properties, roughly. gard to art paper, I do not know if it is a possibility. We 'have not Sardar Hukam Singh: I wanted exercised our mind in that regard. In the total number of such uneconomic regard to newsprint, it is a definite properties. Has that been assessed by impossibility and We do not' propose the Rehabilitation department? to exercise our mind on that matter.

S’hri J. K. Bhonsle: No, Sir. The S h if t in g of C e n ir a l G o v ern m ent cost has not been assessed. O ffices Sardar Hukam Singh: What is the *683. Shri K. P. Sinha: Will the excess received in auction over the Minister of Works, Housing and Sup­ value assessed by the department? ply be pleased to state what steps have so far been taken in the matter The Minister of RehabiUtation of shifting some Government offices (Shri A. P. Jain): We do not main­ from Delhi this year? tain any such figures. The Minister of Works, Housing and

H a n d -MADE P aper Supply (Sardar Swaran Singh): The accommodation available at various *6^2. Shri Dabhi: Will the MinTster stations has been surveyed with refer­ of Commerce and Industry be plensr^a ence to the requirements of somo to refer to the reply to starred ques­ offices which do not form an integral tion No. 1306 asked on the 25th March, part of Secretariat and which prima 1954 and state: facie could be shifted out of Delhi, (a) whether it is the policy of Gov­ and an Officer on Special Duty has ernment to encourage hand-made been exploring, in consultation with paper industry; the Ministries concerned, the possi­ (b) if so, to what extent and in bility of shifting these offices to out- what way; stations. I am afraid, however, so far not much success has attended these (c) the quantities of different kinds efforts. of hand-made paper produced in the country during the years 1951-52, 1952­ Shri K. P. Sinha: By what time is 53 and 1953-54; and it expected that the officer will finish (d) the names of the centres where his duties? hand-made paper is manufactured? Sardar Swaran Singh: Actually, so far as the work of the officer is con­ The Minister of Commerce and cerned, it is not difficult for him to Industry (Shri T. T. Krishnamachari): finish an examination of the problem, (a) Yes, Sir. but as to what success will crown (b) to (d!). Te lijnfopmatdon asked his efforts is a difficult question for for is laid on the Table of the House. me to answer, because there is quite [See Appendix IV, annexure No. 36.] a volume of opinion that it would be difficult to shift offices outside Delhi Shri Dabhi: May I know how many in any considerable number. Ministers of the Central Government use station^y made from hand-made paper in their offices and to what ^ ^ «BT«tf5r*r extent? Shri T. T. Krishnamachari: I have no information. ?5r«iT »raT # ww 791 Oral Answers 8 SEPTEMBER 1954 Oral Answers 792 was Portugal. He has been sentenced to three months’ imprisonment, de­ it ? prived of all political rights for twelve years and placed under a security : q te ^ ^ surveillance for five years. 'T^ e if^ « 7 i^ ^ y h iro Shri Krishnatharya Joshi: May 1 Ijw, 9ih ?;?nr tj«i»raVe q te know whether Dr. Gaitonde is being given all the facilities which are ^<-ft*rW», ^0 ifto 97fveT , W ? generally given to political prispners »i^ f I fsp^ aramt atf? ^ in civilised countries? ^ 'li’W ^ »rai f i Shri Sadath Ali Khan: That is for Portugal to answer. Shri Sadhan Gupta; May I know whether in the matter of shifting Mr. Speaker: He wants to vknow these offices, the Central Government whether Government have any infor­ takes upon itself the responsibility of mation on that point. finding a

Short Notice Question and Answer to lower down India’s prestige on the Goan side, and make them submit to G oa Portugal’s reign of terror there? S.N.Q. No. S Dr. Ram Subhag Sine;h: Will the Prime Minister be pleased to Shri Jawaharlal Nehru: That is for state: the hVjn. Member to surmise, if he (a) whether it is a fact that Shri likes.' Walker, an official of the Indian Shri H. N. Mukerjee: Have we in­ Consulate-General in Goa, was stop­ ped by an agent of police on the 28th sisted On an immediate apology from August, 1954, while he was going to the Portuguese authorities, regarding the house of Shri S. K. S. Bhatnagar, this incident? Incharge of the Indian Consulate- Shri Jawaharlal Nehru: I have just General, and asked to proceed to the informed the hon. Member that two Police Station; kinds of action were taken in the (b) whether it is also a fact that matter. One was the protest launched the agent later accompanied by an­ with the Portuguese Legation here, to other police agent forced entrance into which no answer has copie. And the the house of Shri Bhatnagar and other was, even before this, our abused him in objectionable language Consulate-General in Goa launched a and threatened dire consequences; and protest, and they got an answer to the effect that the constable w;ll be (c) if so. whether Government have puni.shed. or that disciplinary action taken any action in the matter? will be taken against him. There the The Prime Minister and Minister of matter ends. Tlie hon. Member and external Affairs and Defence (Shri the House are well aware that our Jawaharlal Ne'hru): (a) and (b). Yes. contacts and relations v.Wi ttie Portu­ (c) A strong protest was lodged guese authorities in Goa are not. at ^with the Portuguese Legation on the the present moment, of the most 31st August to which no reply has cordial character. yet been received. The Consulate- General in rcp’y 4o its protest has, Shri Joachim Alva:- Are Government however, been informed by the Portu­ aware that the Portuguese Minister guese authorities in Goa that the and other members of the Portuguese police cotislable concerned will be dis­ Legation are freely allowed to go un­ missed for having acted contrary to molested in Delhi, and also have fre­ Government orders. - quent con.sultations with the U.K. and U.S.A. embassies, for seeking advice >1. Ram Subha«: Singh; May I know and guidance? whether the so-called police agents who abused and insulted these con­ Shri Jawaharlal Nehru: Government sular officials included Brazilian and are not only aware of it, but they Spaniard mercenaries, who have guarantee that. recently arrived in Goa on a specially chartered ship? Shri H. N. Mukerjee: Are Govern­ ment aware that the Portuguese Shri Jawaharlal Nehru: I cannot Legation fairly regularly sends c understand how an agent can include literature to all sorts of people in this others. How an individual can include place, including Members of Parlia­ a crowd, I do not understand. I do ment. literature which is sometimes of not see where Brazilians and others an undesirable character? come into the picture. I am not aware of anything about it. Sbri Jawaharlal Nehru: I cannot Dt. Ram Sabhag: Singh: May I know speak on that definitely, but I have whether the threats, abuses and in­ a vague idea that that is done. I do sults hurled at the Indian consular not think that any Member of Parlia­ officials are a part of Portugal’s plan ment is likely to be misled by it. 795 8 SEPTEMBER 1954 Written Answers 796

WRITTEN ANSWERS TO QUESTIONS not proceeded with its experiments at any of the Centres selected except A ll I n d ia R adio Bhilwada in Rajasthan, where only some work of a preliminary nature *637. Shri D. C. Sharma: Will the has been* done. Minister of Information and Sroad- casrting: be pleased to refer to the re­ (b) Does not arise. ply given to Starred Question No. 161 asked on 19th February, 1954 and P epper itate:

(a) whether the list of anniversaries •648. Shri A. K. Goiuilan: Will the to be celebrated by the All India 'Minister of Commerce and Industry Badio has now been prepared; and be pleased to state:

(b) if so, whether a copy of the list (a) whether it is a fact that the will be placed on the Table of the U.S.S.R. which desires to import House? pepper in large quantities has not been permitted the requisite exchange The Minister of Information^ and facilities by Scheduled Banks in In­ Broadcasting (Dr. Keskar): (a) and dia; and

L abour B anks fltft finjftr fiT«r : •641. Shri S, N. Das: Will the Minis­ v rfk w ^arefhr ^ ter of Planning be pleased to refer to the reply to starred question No. ftpr : 1520 asked on the 22nd April, 1953 (5f ) ^ Pr and state: (a) whether the experiments which the Gandhi Smarak Nidhi started for the formation of labour banks for full utilisation of all the resources by capitalisation of man-power have been examined by Government; and i ? (b) if so, with what results? The Minister of Commerce (Shri The .Deputy Minister of Irrigation Karmarkar): (a) and (b). Export of and Power (Shri Hathi): (a) No. Sir, beef has been banned since llth May since the Gandhi Smarak Nidhi has 1954, except as ship stores. Exports at 797 Written Answers 8 SEPTEMBER 1954 Written Answers 798

present are only being allowed against (b) when their construction is likely commitments made by Arms before to be completed? the ban. The Minister of Production (Shri N avigability of R u pn a r a in R iver K. C.,’Hleddy): (a) The estimated cost *653. Shri S. C. Samanta: Will the is Rs' 17,00,132. Minister of Irrigation and Power be (b) (i) Berth IV will be completed pleased to state how far the Damodar at the end of 1954. Valley Project will help ^or retard the navigability in the Rupnarain (ii^ Berth V has already been com­ river? pleted. The Deputy Minister of Irrigation and Power (Shri Hathi): Expert technical opinion at present is that the Damodar Valley Projects would neither help nor retard the navigability $RnT®T ^ ^ of the Rupnarain river to any materiaJ extent. This subject, however, requires study by model experiments which the ( ^ ) ^ ^ Central Water and. Power Commission have been advised to undertake. ift

Vas(ra Swavalamhan S ch em e •654. Shri Krishna Chandra: Will ( ^ ) ^ ^ the Minister of Commerce and Indus­ try be pleased to state: (a) the names of persons or insti­ (’T) s rw ff TC tutions to whom grants have been ^ 5 made under the scheme known as Vastra Swavalamhan Scheme; (b) the amount of grants made in (^ ) 3TNTT q r each case; and ^ i ? (c) the results achieved so far? The Minister of Information and The Minister of Commerce and Broadcasting (Dr. Keslcar): (a) Yes^ Industry (Shri T. T* Krjshnamachari): Sir. (a) and (b). A statement is laid on the Table of the House. [Sec Appen­ (b) The following films were enter­ dix IV, annexure No. 38.] ed by India:— (c) The value of production under Documentaries this scheme has increased from about Rs. 1*79 lakhs in January-June, 1953, 1. Folk Dances of India, to Rs. 3-16 lakhs in January-June, , ♦ 2. Project for Plenty. 1954. 3. (Drums),

VlSAKHAPATNAM SHIPYARD 4. Farmer on the Floating Fields 5. Ganesh—God of Good Luck. *658. ShH Ajit Singh: Will the Minister of Production be pleased to Full Length films state: 1. Pomposh, (a) the total cost of the two new 2. Bhagwan Sri Krishna Chaitanya, berths at present under construction at the ship-building yard at Visakha- (c) Entries are usually recommend­ patnam; and ed by Government from amongst those 799 Written Answers 8 SEPTEMBER 1954 Written Answers 800 who propose to send entries on the The Deputy Minister of Irrigation basis of suggestions from Film Associa­ and Power (Shri Hathi): Important tions and from the Central Board of questions relating to the Second Plan Film Censors. such as its nature, scope, size, priori­ ties etc., are still under consideration. (d) Films suitable for demonstrat­ It would, therefore, be somewhat pre­ ing the development of the film in the mature at this stage to indHbate a date country are recommended for entry. by which the Plan would be ready. T ea D elegation *660. Shri K. Subrahmanyain: Will the Minister of Commerce and Indus­ *%%%. ^ WTo fifw rrt: try be pleased to state:

(a) whether it is a fact that a Dele­ gation is visiting U.S.A. and Canada t In the near future to explore ways and (t ) ^ v t means for increasing tea export to those countries: and aTJpfftcT ^ ^ (b) if so, who are the Members of ^ W VK fVTT the Delegation? w t : The Minister of Commerce (Shri KarmarlLar): (a) Yes, Sir. (’f) ft, 5ft wr f ; . (b) A list of the members of the delegation is placed on the Table of (»T) ^ Tt the House. [See Appendix IV, anne- xure No. 39.] ‘ ^ frirr ^ TO «PT STT^TR «rrT «TT, H onnemaradu Scheme 3ftr TO SPT JRHf T fJTT 1? ? Shri N. Rachiah: •665. Shri Wodeyar: The Minister of Commerce (Shri Karmarfcar): (a) and (b). Calcium Will the Minister of Planning be Carbide was removed from the pleased to state: Open General Licence with effect from 16th (a) whether it is a fact that the March, 1954, with a view to regulate Mysore Government have sent a propo­ its imports, and also to encourage sal for the Honnemaradu Scheme being indigenous production of this item. included in the Second Five Year Plan; and (c) A statement is laid on the Table of the House. [See Appendix IV, (b) if so, what action Government annexure No. 40.] propose to take in this matter? F ine C loth (Export ) Hie Deputy Minister of Irrigation and Power (Shri Hathi); (a) Yes, Sir. *676. Shri Ganpati Bam: Will the Minister of Commerce andJbidustry be (b) The proposal is under exami­ pleased to state: nation. (a) whether there has been any export of fine cloth during the past six months; SECOND F ive Y ear Plan (b) the total quantity and value of *666. Shri S. C. Singhal: Will the such cloth; and Minister of Planning be pleased to »tate the time when the Set*bnd Five (c) the names of the countries to *fear Plan would be ready? which these exports have been made? 8 01 Written Answers 8 SEPTEMBER 1954 Written Answers 802

The Minister of Commerce (Shri f%5T TTJiff # 3Tvft Karmarkar): (a) Yes, Sir. ferr ^ I ark (b) and ((’)■ A statement is laid on the Table of the House. [See Appen­ ( ^ ) TT r+mfrtia dix IV, annexure No. 41.] *3fH ^ ^ -TJTn:

Hand and Mill Paper % ^ TRIT zfrspTT •679. Th?Jugal Klshore Slnha: Will the Minister of Commerce and In­ The Deputy Minister of Irrigation dustry be pleased to state the ratio and Power (Shri Hathi): (a) Con­ between the quantities oi hand-made sidering the nature *of the suggestions paper and mill-made paper consumed made in the^ letter of the Planning annually during the last three years? Commission, the States have not had The Minister of Commerce and sufficient time to deal with it. Industry (Shri T. T. Krishnamacharl): (b) A suggestion to this effect was The information is being collected and made in the letter. will be placed on the Table of the House in due course. ‘ Advertisement Compensation to Indian land OWNERS IN Burma •686. Shri Nascshwar Prasad Sinha: Will the Minister of Information and •680. Shri D. C. Sharma: Will tihe Broadcasting: be pleased to state the Prime Minister be pleased to refer to total amount paid towards the adver­ the reply to starred question No. 477 tisement charges of the newspapers asked on the 27th of ^February 1954 and other journals in India during and state whether the question of 1953-54 for publishing Government compensation for the nationalized advertisements? land in Burma to Indian land owners has been finally decided by the Bur­ The Minister of Information and mese Government? Broadcasting (Dr. Keskar): Informa­ tion in respect of advertisements given ' The Deputy Minister of External by Ministries through agencics other Affairs (Shri Anil K. Chanda): Yes, than the Advertising Branch of the Sir. The Burmese Parliament during Ministry of Information and Broad­ its February-March 1954 Session has casting is being collected. The Adver­ passed the Burma Land Nationalisa­ tising Branch of the Ministry of In­ tion (Amendment) Act. 1954 which formation and Broadcasting issued prescribes the scale of compensation only display advertisements of the payable to the land owners. Government of India excepting Rail­ ways during 1953-54 and the total payment in respect of such advertise­ ments amounted to Rs. 7,73.385/4/-. f sft IJiTo qwo : (2oke oven Plant «ff»W w ♦687. Shri S. C. Samanta: Will the Minister of Production be pleased to 'TJiT irhrm ^ state: t (a) whether the work of setting up the new coke oven plant in Sindri is (v ) % being carried on according to the ’T' schedule; and *r<+iT ^ ^ *rr, (b) what arrangements are being ^ TTSirt ^ I t 3f>T made to utilise the bye-products that 803 Written Answers 8 SEPTEMBER 1954 Written Answers 804

will be available when the plant will have received the serious attention of come into operation? the Government with regard to jute and plywood industries? The Minister of Production (Shri K. C. Reddy): (a) The construction of The Minister of Commerce and the Coke Oven Plant has been com­ Industry (Shri T. T. Krishnamachari): pleted and it was commissioned on the Both the Jute and Plywood industries 31st August, 1954. have been receiving the Government’s (b) The by-products excepting Coke attention as envisaged in the First Oven Gas will be sold. The Coke Oven Five Year Plan. No specific areas are ,Gas is' proposed to be utilized for recommended in the Plan for special manufacturing Urea and Ammonium consideration.

•Sulphate Nitrate (double salt) at I n d ia n C o tt o n C ontract Sindri. •690. Shri S. N. Das: Will the Minis­ E ngineers* D elegation to C h in a ter of Commerce and Industry be pleased to state: Shrimati Tarkeshwari Sinha: (a) whether the question of amend­ Shri Raghunath Singh: ing the Indian Cotton Contract In Shri Shivananjappa: order to curb certain speculative ten­ *688.^ Shri Jethalal Joshi: dencies which have been in evidence Shri N. B. Chqwdhury: recently, has been considered; and Shri Buchhikotaiali: Shri C. R. Chowdary: (b) if so, what is the nature of Shri Raghavaiali: amendment that has been decided upon? Shri Wodeyar: The Minister of Commerce (Shri Will the Minister of Irrigation and Karmarfcar): (a) and (b). The matter Power be pleased to* state: is under consideration of the Forward Markets Commission. (a) whether the Indian delegation of Engineers who went to China to T ests of T ea S am ples study the flood control 'methods and ♦691. Shri Sadhan Gupta: Will the the construction of dams and other Minister of Commerce and Industry engineering projects there has re­ be pleased to state: turned: (a) whether in March and April (b) whether the delegation has sub­ 1954 the Central Tea Board in Calcutta mitted any report; and carried out tests on certain samples of tea collected from different gardens (c) if so, whether Government pro­ in Jalp^iguri, Assam and South India; pose to lay the full report on the Table of the House? (b) if so, the number of samples among them that were found adul­ The Deputy Minister of Irrigation terated; and and Power (Shri Hathi): (a) Yes, Sir/ (c) the* number of cases instituted (b) and (c). The delegation has sub­ by Government in respect of adulter­ mitted a brief report, copies of which ated tea found by the Central Tea ' have already been supplied to all Board as a result pf these tests? Members of Parliament. Fuller report is under preparation and copies there­ The Minister of Commerce (Shri of will also be circulated to all Mem­ Karmarkar): (a) to (c). The Tea bers. Board with the help of the local Municipal staff collected eleven sam­ Jute a n d P lyw ood I ndustries ples of tea from Jalpaiguri and Assam. *689. Shri Ajit Singh: Will the Out of these, ten were found adulte­ Minister of Commerce and Industry rated. No sample was collected from be pleased! to specify the areas that South India. In respect of the six 805 Written Answers 8 SEPTEMBER 1954 Written Answers 8o6

cases detected izi Jalpaiguri, the (b) if so, how many middle class Municipal Health authorities have displaced persons are to be rehabili­ taken steps to prosecute the persons tated there; and concerned. (<5) what are the details of the V alue of S ta n dard A cre scheme? •692. Shri Gidwani: Will the Minis­ The Deputy Minister of Rehabilita­ ter of Rehabilitation be pleased to tion (Shri J. K. Bhonsle): (a) Yes. refer to the reply to starred Q u e stio n No. 2043 asked on 26th April 1954 and (b) and (c). The State Government state: are ascertaining the actual number of middle-class , displaced persons to be (a) whether Government have rehabilitated on the land. The details taken any decision regarding the of the Scheme will be worked out fixing of the value of the standard thereafter. acre of agricultural land; and

(b) if so, what is the value per B order I n c id en t s acre? 4.fior r Shri D. C. Sharma: The Deputy Minister of Rehabilita­ ® Shri G. P. Sinha: tion (Shri J. K. Bbonsle): (a) and (b). The matter is under considera­ Will the Prime Minister be pleased tion. to state: (a) how many border incidents were officially reported during the period from January to August, 1954 on the Indo-Pakistan borders of East and West Punjab; '

(b) the nature of incidents; and (c) the number of such incidents that ^ w n ^ fifT ^ have been amicably settled between the two Governments? The Deputy Minister of External ^ sTFprm % Affairs (Sliri Anil K. Chanda): (a> # ftpcR aftr ^ Six incidents on the East Punjab— West Punjab border have been re­ STETTfwfv^ ^ ? ported to the Government of India The Minister of Informaticm and during the period from January to Broadcasting (Dr. Keskar): The infor­ August 1954. mation is being collected and will be (b) One incident related to attempt-- placed on the Table of the Sabha in ed cattle-lifting by Pakistani nationals due course. and subsequent firing by the raiders at the Punjab (I) Armed Police. R ehabiutation of D isplaced P ersons Two incidents related to the kidnap­ IN M a n ipu r ping of Indian nationals from Indian territory by the Pakistan Border *«94. Shri Rlshang Keishing: Will Police. In one of these incidents, the the Minister of Rehabilitation be kidnapped Indian national was killed. pleased to state: Three incidents related to attempts (a) whether it is a fact that land being made by the Pakistan Border at Mantri Pukhri has been set apart Police and Pakistani nationals to for the Rehabilitation of the middle occupy areas belonging to Indian class displaced persons in Manipur; nationals. In two of these incldcntf» 8o 7 Written Answers 6 SEPTEMBER 1954 Written Answers 808:

Pakistani Police opened Are on the (b) if so, whether the Government Indian Police, leading to the death of of India propose to take some steps in^ one Indian constable and injuries to the matter? two others. » The Deputy Minister of ExtemaL (c) In all these cases, senior officials Affairs (Sliri Anil K. Chanda): (a) w were eventually able to prevent the Government have seen Press reports> situation from worsening and to re­ to this effect. store normalcy. The Government of Jndia haVe also taken up with the Government of Pakistan the question (b) Mrs. Gangaram is a ‘prohibited of compensation to be paid to the in­ immigrant’ in Natal under the South jured persons as well as to the heirs African law. She has already made of the deceased. The replies of the direct representations to the Union Government of Pakistan are awaited. Government. It is not proposed to take any action in the matter in view

P assports of the fact that the Government of India have already raised in the *696. Sardar Hiikam Singh: WUl the United Nations the general question Prime Minister be pleased to state: of the discriminatory treatment of persons of Indian origin in South (a) the number of Indians who got Africa. passports and visas to enter Ceylon since the 1st June, 1954 when restric­ tions in respect of visas came into F oreign F irms in I ndia operation; and 296. Shri V. P. Nayar: Will the ' (b) the number of persons, if any, Minister of Commerce and Industry who had valid passpdTrts but were re­ be pleased to state: fused visas during that period? (a) the steps taken, if any, to find- The Parliamentary Secretary to the out the extent to which foreign Arms Minister of External Affairs (Shri operating in India, with monopoly in Sadath All Khan): (a) and (b). 1,498 the matter of distribution of the foreign Indian cUizens were granted India- manufactured products like the Im­ Ceylon passports from 1st June to perial Chemicals Limited do not over­ 31st July, 1954. Exact figures for visas invoice the articles manufactured by issued and refused during the period their concerns abroad and sell them* are not available, as this is now the here, through “India Limiteds’* with a concern of the Ceylon Representatives view (i) to take more profits abroad in India. and (ii) to show less of profits In Indian business; and

M rs. M a n ie G angaram (b) whether Government have made any efforts to study this problem witb *697. Shrimati Tarkediwarl Sinha: the seriousness It deserves? yW ill the Prime Minister be pleased to state: ' The Minister of Commerce and In­ dustry (Shri T. T. Kriahnamactaari):^ (a) whether Government are aware (a) and (b). The question relates to of the fact that for nearly two years, a matter which is almost the daily con­ an Indian lady Mrs. Manie Gangaram cern of the Customs Appraising living in Grahams Town has been ap­ authorities. In assessing the c u s to m s pealing to the South African Govern­ duty on goods imported, the Customs ment, to be allowed to live permanent­ authorities check up both over-invoic­ ly with her husband In Durtfcn, but ing and under-invoicing, and the at­ has not been so far allowed to stay tention of the concerned authorities iir with her husband; and drawn by them where it is necessary* So 9 Written Answers 8 SEPTEMBER 1954 Written Answers 8io

A ssem blin g of C ars a n d T rucks The Minister of Commerce and In­ 2)97. Shri V. P. Nayar: WiU the dustry (Shri T. T. Krishnamachari): Minister of Commerce and Industry be (a) Yes, Sir. pleased to state: (I?) A statement showing the names (a) the .steps taken by Government of' the Member Governments of the to verify the cost of manufacture and International Cotton Advisory Com­ assembling of cars and trucks in India; mittee is laid on the Table of the (b) whether Government have deput- House. [See Appendix IV, annexure ■ed any of the Cost Accountants in No. 42.] Government service to check up the I figures of cost as indicated by the Government have no information as manufacturers/assemblers; and to which of 'the Member Governments were actually represented at the meet­ (c) what is the margin of profit ing. allowed by the Government of India on (a) assembling of cars and trucks (c) No. Sir. and (b) their manufacture? The Minister of Commerce and In­ (d) Cotton Trade’s view is that dustry (Shri T. T. Krishnamachari): there is no need for any agreement now. (a) and (b). A detailed enquiry into the cost of production of motor vehicles was undertaken with a team D ye S tuffs of Cost Accountants by the Tariff 299. Shri V. P. Nayar: Will the Minis­ Commission which completed its en­ ter of Commerce and Industry be quiry into the industry, in 1953. pleased to state the estimated value and quantity of Dye stuffs required (c) As there is no price control on automobiles, no margin of profit has annually in India at present? been fixed by Government. It is, how­ ever, understood that the industry is The Minister of Commerce and In­ Hot yet in a position to pay any divi­ dustry (Shri T. T. Krisbnami^charl); dends. Annual requirements of dye stuffs in India are estimated at 13 million lbs., value being about 13 crores of rupees. International C o tt o n A dvisory • ■ C o m m ittee r Shri V. P. Nayar: I n d ia n D yb S tuffs I n d u st r y 298. \ Shrimati Tarkeshwari Sinha: 300. Shri V. P. Nayar: Will the Minis­ Will the Minister of Commerce and ter of Commerce and Industry be Industry be pleased to state: pleased to state: (a) ^ether the Government of India was represented at the 13th (a) whether the Tariff Conmiission Plenary Meeting of the International has recently made an enquiry into the Advisory Committee held in Brazil on problems of the Indian Dye stuffs the 7th June 1954; Industry; and

(b) which were the other countries (b) if so, what are the recommenda­ lepresented at the meeting; tions?

(c) whether in this meeting there was The Minister of Commerce and In­ any finalisation of the International dustry (Shri T. T. Krishnamachari): Cotton Agreement; and (a) Yes, Sir. (d) what, if any, was the view ex­ pressed by Indian Cotton Trade in the (b) Taiflt Commission’s Report is matter of the proposed Agreement? awaited. 8ir Written Answers 8 SKPTEMBER 1954 Written Answers 812

C o tt o n T extile M ills C o d L iver O il .Wl. Shri V. P. Nayar: Will tiie 303. Shri A. K. Gopalan: Will the Minister of Commerce and Industry be Minister of Commerce and Industry pleased to state: ' be pleased to state: fa) the total annual production of (a) the total net profits and woss (i) Cod Liver Oil and (ii) Shark Liver d profits made by cotton textile mills Oil in India at present: during the year 1953: and (b) the total consumption of both for (i) industrial and other purposes (b) the percentage of increase or and (ii) human consumption: decrease over the figures for the pre­ vious year? (c) the total requirements for (i) industrial and other purposes and (ii) human consumption; and The Minister of Commerce and In­ dustry (Shd T. T. Krishnamachari): (d) the total imports during 1952-* (a) and (b). The information asked 53 and 1953-54, countrywise? for is not readily available. The Minister of Commerce and In­ dustry (Shri T. T. Krishnamachari): I n d o -W est G erm an T rade A greement (a) There is no production of cod- liver oil in the country. Tlie produc­ m . Shri V. p. Nayar: Will the tion of shark-liver oil since 1952 has* Minister of Commerce and Industry be been as follows: pieased to refer to the report regarding Gallons. new Indo-West German Trade w(Vgree- 1952 ment at page 343 of the Journal of 19,857 Industry and Trade, March. 1954 and 1953 I4>425 state: " 1954 13,454 (January to June) (a) the articles of W^st German (b) Information is not available. manufacture allowed to be imported (c) The present annual demand for under the liberalisation of West cod-liver oil has been estimated at German imports; 30,000 gallons per annum—10,000 gal­ lons for tanning industry and the ^b) the names of firms to whom Im­ balance for drugs and pharmaceutical port licences have been issued for West industries. The demand for shark- German products and for what value; liver oil would be about 25,000 gallons, per annum, if it Is to substitute cod- (c) whether any of the West German liver oil. manufacturers have appointed any Indian firms as sole distributors in (d) Shark-liver oil was not imported India for such products; and into India at all. Imports of cod-liver oil during (d) if so. the names of such Indian 1952-53 and 1953-54 were as.follows: ^agencies or firms? Country 1952-53 T9 53-5< The Minister of Commerce and In­ (Gallons Gallons dustry (Shri T. T. Krishnamachari): I. U.K. 7,100 12,800 (a) to (d). The report refers to libera­ 600 lisation of imports of some commodi­ 2. Singapore ties into Western Germany from India 3. Belgium 200 and not of imports into India from 4. Norway 4,000 6,900 Western Germany. The whole question 5. Germany (Western) 700 is therefore based on a misapprehen­ 6. Demnark 500 sion. 7. Italy 60a a v i 'Written Answers 8 SEPTEMBER 1954 Written Answers 814

Z in c S pelter member-Governments merely to observe these standards. As such, the 3#4. Shrl Balwant Sinha Mehta: Will documents were in the nature of ‘ -ttie Minister of Commerce and Indus­ recommendations only and no formal try be pleased to state: acceptance or ratification was requir­ ed. (a) whether it is a fact that a deci­ t sion has been taken to set up A zinc ;spelter plant in India; and C heap H o u sin g S chem e PI (b) if so, how long it will take to 306. Sardar Hukam Singh: Will the implement the decision? Minister of Rehabilitation be pleased The Mlinister of Commerce and In­ to state the number of tenements and dustry (Shrl T. T. Krishnamachari): houses constructed at Government ex­ pense under; the Cheap Housing (a) and (b). The report of the Com­ Scheme, whose ownership is to be mittee which was set up to examine transferred to the occupants under the this question is at present under con- Compensation Scheme? jsideration. The Deputy Minister of Rehabilita­ G att tion (Shri J. K. Bhonsle): Punjab— 2,413, U.P.—350. Delhi—7,004. < 305. Sardar Hukam Singh: Will the

Minister of Commerce and Industry be I n d u st r ia l H o u sin g S chem e pleased to st^te whether all the con­ tracting parties to the General Agree­ 307. Shri N. B. Chowdhury: WiU the ment on Tariffs and Trade have signi­ Minister of Works. Housing and Sup­ fied their approval to the decisions of ply be pleased to state: <;ATT taken in 1952:— (a> the amount granted so far under , (i) to adopt a code of Standard Prac­ the Industrial Housing Scheme for ^ tices for documentary requirements for housing purposes in the State of West the importation of goods; and Bengal; and (b) whether Government will lay on (ii) to lay down certain standard the T^ble of the House a statement •practices for consular formalities? showing the details of different types of schemes for which money has been The Minister of Commerce and In- granted? *dastry. (Shrl T. T. Krishnamachari): In approving—(i) a code of Standard The Minister of Works, Housing and ' Practices for documentary require­ Supply (Sardar Swaran Singh): (a) ments for the importation of goods, Rs. 20,60,500 have been granted ns and subsidy and Rs. 7,19^,250 as loan for four housing schemes in the State )f ^ (ii) standard practices for consular West Bengal. formalities, the Contracting Parties to the General Agreement on Tariffs and (b) The details of these schemes are Trade acting jointly recommended the given below:

Subsidy Loan

1. Kadamtala 128 one-roomed tenements in multi- Rs. Rs. (Government storeyed buildings at Kadamtala, Scheme;. Howrah. 2,88,000 2,88,000

:2, Christopher Road. 104 one-roomed tenements in multi- (Government storeyed buildings at Christopher Scheme) Road, Entally, near Brieve No. 3 in the Eastern portion o f (Jalcutta. 2,34,000 8 i5 Written Answers 8 SEPTEMBER 1954 Written Answers 8i 6

Subsidy Loan

Rs. Rs.

3. Maniktala 556 onc-roomed tenements in multi- (Government storeyed buildinp ntar Dhappa Scheme). Parallel to the New Cut Canal, Calcutta. 12,51,000 4. Jay Engg. Works 400 o.ic-roomed tenements in double- Ltd. (Private storeyed^ buildings |at Dhakuria, limployers* Calcutta. 2,87.500 4.31*250 Qwlclucy. T otal . 20,60,500 7 ,19*250

Search of Packages

• «ft WTO qsTo : ^!Tr 310. Shri G. P. Sinha: WiU the Prime Minister be pleased to state: VTwhi 9’cfr^ ^ : (a) whether the Customs Authorities made any se^irch of packages brought ^ ^ f^«nfTrT sq-f^lr by French aircrafts in Calcutta in the month of June 1954; and % ; 3tV^ . (b) how many similar searches took ( ^ ) ^ TT ftTrRT 5JT2T | 3TT ? place in the month of June 1954?

The Deputy Minister of Rehabilita­ The Prime Minister and Minister of tion (Shri J. K. Bhoniile): (a) and (b). External Affairs and Defence (Shri The number of houses built for dis­ Jawaharlal Nehru): (a) Yes, the search placed persons fropi West Pakistan was made of aircraft in transit to Indo and the expenditure incurred thereon China. is as follows: (b) Three French civil aircraft, one Year N o . of houses Expenditure operated by SAGETA and two by TAI, built incurred 'were so searched during June, 1954. Rs. 1951-52 28,486 5,61,70,724 D esigns and S pecifications 1952-53 18,386 4,56,34,720 311. Shri RamJIi Varma: Will the T otal . 46,872 10,18,05,444 Minister of Irri^ration and Power be pleased to state: Similar information in respect of houses built for displaced persons (a) the names of the States which from East Pakistan is being collected requested the Directorate of Dam and will be placed on the Table of the Designs and Canal Structures to Sabha in due course. prepare drawings and specifications of surveys and emergency gates for various Jute dams and projects; and 309. Dr. Ram Subhag Singrh: Will the (b) what are the States for which Minister of Commerce and Industry be the designs and specifications asked pleased to state the total value of jute for have not yet been furnished? goods exported from India to Pakistan during 1953-54? The Deputy Minister of Irrigation and Power (Shri Hathi): (a) Bombay. Tho Minister of Commerce and In- Rajasthan and Travancore-Cochin. 4o8try (Shri T. T. Krishnamachari): Rs. 6*55 lakhs. (b) None. 8 i 7 Written Answers 8 SEPTEMBER 1954 Written Answers 8i8

Jeeps (d) whether Government propose to make primary education compulsory 312. Th. Lakshman Singrh Charak: in this area? Will the Minister of Commerce and In­ dustry be pleased to state what is the The Minister of Production fsnrl number of jeeps imported from various K. C. Reddy): (a) to (c). Information countries in India during the last three is being collected and will be laid on years? the Table of the House. The Minister of Commerce and In­ (d) Primary education is the re*;- dustry (Shri T. T. RiHshnamadiari): ponsibility of the State Government. Statistics of the imports of jeeps alone are not available as they are not re­ corded separately in the Accounts re­ lating to the Foreign (Sea, Air and Land) Trade and Navigation of India ?nf*RlT ^ flTT ; In d o -S oviet T rade A gkbembnt 313. ShrimaU Tarkeshwari Slnha: (^) 3TRW ^ ^ % Will the Minister of Commerce and In­ dustry be pleased to state: (a) what are the Roods consigned to India from Russia under the Indo- f ? Soviet Trade Agreement; (b) whether any of the goods have The Minister of Commerce and In* dusii^r (Shri T. T. Knishnamachari): reached India so far; and '(a) About 60 plastic factories are ir. (c) if so, what are they? regular production. The Minister of Commerce and In­ (b) A statement is attached. [Sec dustry (Shri T. T. KrCshnamaohari): Appendix IV, annexure No. 44.] (a) to (c). A statement showing the^ commodities which have reached India Y arn from the U.S.S.R. during the period December 1953 to June 1954 is attach 316. Shri Kelappan: Will the Minis­ ed. [See Appendix IV, annexure No. ter of Commerce and Industry be 43.J pleased to state:

Government have no information (a) the measures that are being about thn goods which have been con­ taken by Government to ensure that signed to India from Russia, but which the hand-loom weavers get all the yarn have not ^>o far arrived. that they require; (b) the total output of mill yarn in C o a l - m in e W orkers the country; 314. Shri K. C. Sodhla: Will the Minister of Production be pleased to (c) the quantity consumed by the state: mills; and (a) the total number of labourers working in the Government coal mines; (d> the total off-take by the hand- looms? (b) the approximate total number of their children of school going age; The Minister of Commerce and In (c) the number of schools working dustry (Shri T. T. Krisbnamacfiari); at present in the colliery area and (a) To ensure adequate supply of their total enrolment; and yarn to handloom weavers, the fo^- 8 i 9 Written Answers 8 SEPTEMBER 1954 Written Answers S20

lowing measures have been taken: 2 oz. each per annum but the effective capacity is not known. 1. Under Clause 12(1) of the Cot­ ton Textile (Control) Order, (c) Information is not available. 1948, Mills are required to supply a certain quantity of A o r b b m e n t w it h N e p a l free yarn for the use of hand- 318. Shri O. C. Sliarma: Will the ^ looms, powerlooms and other Prime Miakter be pleased to state: miscellaneous consumers. (a) whether the Governments of 2. As a general rule, permission India and Nepal have entered into an is not given for the installa­ agreement in respect of minor irriga­ tion of additional looms to be tion projects and drinking water facili. worked on cotton yarn. Instal­ ties in the rural areas of Nepal; and lation of new spinning mills and expansion of the existing (b) if so, what Is the nature of the spinning mills is allowed. agreement? 3. Encouragement is being given The Prime Minister and Minister of for the installation of Co­ External Affairs and Defence (Shri operative Spinning Mills by Jawaharlal Nehru): (a) Yes. weavers’ co-operatives. (b) Rupees fifty lakhs will be pro<^ 4. Import of cotton yarn of counts vided as a grant-in-aid to the Govern­ 80s and above is being per­ ment of Nepal during the period of mitted by established im­ four years commencing with 1954-55. porters and Weavers' Co­ The amount is to be utilised for pro­ operative Societies as Actual viding goods, equipment and skilled users. personnel necessary for the executioa (b) 1953 (January to December)— of approved projects for minor irrlga- 1,505 million lbs. 1964 (January to tion works and drinking water facili­ June)—762 million lbs. ties.

(c) 1953 (January to December)— C oal 1,130 million lbs. 1954 (January to 319. Tta. Lakslunan Singh Oharakr June)—557 million lbs. Will the Minister of Prodnctton be (d) 1953 (January to December)— pleased to state: 266 million lbs. (Estimated). 1954 (a) the quantity of soft coke and (January to May)—118 million lbs. charcoal consumed in every State dur­ (Estimated). ing 1953 and 1954; and (b) the total production of coal in I nk F actoribs India during those years? 317. Shri Balakrtehnaii: Will the Minister of C!ommerce and Indnstry be The Minister of Production <81irl pleased to state: K. C. Reddy): (a) A statement show ing the approximate quantity of soft (a) the total number of factories coke supplied to different States dur­ which are manufacturing ink in India; ing the years 1953 and 1954 (upto* ^ (b) their maximum productive July) is laid on the Table of the Lok capacity; and Sabha. [See Appendix IV, annexure* No. 45.] (c) the number of persons employed Information regarding charcoal ifr In them? not available. The Minister of Commerce and In- (b) The figures are: dn9try (Shri T. T. KHshmunaeliarl): (a) 44 factories. - t- (Tons) (b) The total rated capacity is of the 1953 33,9 79 .16 7 order of 3*52 million doz, bottles of 19 54 (upto July) 20,896/>8i 358 LSD 821 Written Answers 8 SEPTEMSfER 1994 Written Answers 822

AUCTION OF S urplus Stores ore to various destinations, during 1953-54 was as follows: 320. Shrl Shiyananjappa: Will the Minister of Works, Housing and Countries Q uantity Supply be pleased to state: Ions (a) whether It is a fact that remu­ U.K. 61,845 nerations are paid to the auctioneers U.S.A. 1,41,284 appointed by the Directorate-General of Netherlands 1,100 Supplies and Disposals for conductiz^ Japan 4^500 sales by auction of surplus stores; and B elgium 2

(b) if so, the amount paid on this I'OTAL 2 ,08.731 account during the years from 1948 to the end of April, 1954? There was no export of Monazite sand. The Minister of Works, Housing and Supply (Saxdar Swaran Singh): (a) The export of other sands is not Ycii, Sir. A commission on the actual shown separately in the Sea-Borne rcali.^alion in auction sales is paid to Trade accounts. the nurtionoers. (c) The principal firms exporting (b) The following amounts were paid ilmenite are (1) Messrs. Hopkins and to the auctioneers as commission dur­ Williams, (2) Messrs. Travancore ing the years in question: Minerals Concern, and (3) Messrs. Rupees F. X. Pereira & Sons, all of Travancore. 1948 2,07,207 B ee- k ee pin g In d u st r y 1949. 4,01,112 322. Shrl Badshah Gupta: Will the 1950 5,46,048 Minister of Commerce and Industry b9 pleased to state: 1951 2,71,504 1952 9 3,179 (a) the names of the Centres where bee-keeping industry is carried on; and 1953: 1,21,021 1954 (upto 30th April 1954) 47,266 (b) the amount of money spent on this industry during 1953-54?

lLM£NiTfis (E xport) The Minister of Commerce and In* diistry (Shrl T. T. Krishnaintteliafi): >An»«e Manoavenee Will (a) The information is being collected the Minister of CoiMieQcie m d ladnstry and will be laid on the Table of the he pleased to state: House. (b) It is understood lhat Rs. 1,10,842 (a) the names of the countries to and Rs. 25,500 were disbursed by the which Ilmenite and other mineral All India iChadi and Village Industries sands are exported; Board as gm it and loan, respectively, during the year 1953-54. (b) thp quantity expprted to each of these countries; and "I ndia N e w s ”

Cc) the company or companies to 323. Shrt T. B. Tlttal IWo; WUl the whom licence has been given for Prime Minister be pleased to state: txport? (a) the total expenditure incurred by the India High Commission In The Minister of Commerce and In­ London for publishing the weekly dustry (Shll T. T. Kiishnamaoharl); journal “India News^’ during 1952 and (a) and (b). The export of ilmenite 1953: «23 Written Angwers 8 SEPTBMBKR 1&54 W ritt^ Answers 82^

(b) whether any other Indian (c) the main features of these pro­ Enibassy abroad publishes any weekly posed blocks? journal; and (c) if so, the names of the countries The Deputy Minister of Irriiration where they are published? and Power (Shri Hathi): (a) to (c). The Government of West Bengal have The Prime Minister and Minister of recently, been allotted 10 National Ex­ External Affairs and Defence (Shri tension Service Development Blocks Jawaharlal Nehru): (a) 1952^^53 for the year 1954-53. Work in these Rs. 97,560; 1953-54 Rs. 91,720. Blocks is to be taken up on 2nd October, 1954. The selection of areas (b) Yes. for allocation of these Blocks will be (c) Belgium, Burma, China, British made by the State Government and East Africa, Iran and Switzerland. their decision in the matter is awaited. The pattern of the programme and the C o c o n u t O il estimated expenditure in respect of these blocks is contained in the pam- ’ 324. Shri Aehuthan: Will the Minis­ phlet “Organisation of National Exten­ ter of Commerce and Industry be sion Servicc & Expansion of Com­ pleased to state: munity Programme”, copies of w h ic ji (a) the estimated quantity of coco­ are available in the Librar3^ of the nut oil used in India in 1952 and 1953 House. for (i) soap manufacture, (ii) toilets and other preparations and (iii) edible purposes (in tons); and C o pr a a n d C o c o n u t O il (b) the quantity of indigenous coco­ 326. Shri Aehuthan: Will the nut oil available and used for the Minister of Commerce and Industry above purposes during those two years? be pleased to state: The Minister of Commerce and In- (a) the import policy of Govern­ dastry (Shri T. T. Kridhnamachari): ment with regard to copra and coco­ (a) The Oils and Soap panel reported nut oil; in 1946 as follows: Soap Industry, Toilet and domes­ (b) whether the preferential import tic uses, Edible purposes, duty was reduced from 25 per cent, in 1952 to 5 per cent, in the second O th e r uses, making a total of 150,000 tons. No estimate Has half of 1953; been made since then though (c) the reasons for this reduction; the total availability is about and 5/6 thousand tons less. (d) whether the Central Coconut

comers also. Not more than two-third (c) The object was to stimulate the of the face value of the licences issued import of copra in preference to cocoa- for the cocoanut can be used for the nut oil for the benefit of the crushing import of cocoanut oil and the balance industry in India; and incidently to will have to be utilised for the import bring down the general level of prices of copra or cocoanut kernel. One-third of edible oils in India. of the face value of the licences may be utilised for the import of Plam o«l (d) The recommendations of the in lieu of cocoanut oil. Central Cocoanut Committee were taken into consideration when formu­ (b> This is true only with regard to lating the import policy for these copra. items. Wednesday, 8th September, 1954 LOK SAB HA

DEBATES

(Part II—^Proceedings other than Questions and Answers)

VOLUM E VI. 1954

(23rd August to n th September, 1954)

Seventh Session 1964

LOK SABHA SECRETARIAT

NEW DELHI LOK SABHA DEBATES (Part II—^Proceedings other than Questions and Answers;

1 2 4 7 1248 L O K S A B H A Coir Industry Act, 1953, this House do proceed to elect in such Wedne$day, 8th September, 19S4 manner as the Speaker may direct, one Member from among themselves to serve on the Coir The Lok Sabha met at a Qvflrter Board.” Past Eight of the Clock, The motion was adopted. [Mr. Speaker in the Chair] Mr. Speaker: I have to inform Mem­ QUESTIONS AND ANSWERS bers that the following dates have been fixed for receiving nominations (See Part /) and withdrawal of candidatures, and for holding election, if necessary, in connection with the Coir Board, S-20 A.M. namely:— COMMITTEE ON PRIVATE MEM­ Date for Date for Date for BERS’ BILLS AND RESOLU­ nomination withdrawal election TIONS. 11-9 - 195-1 14-9-1 9 54 16-9-1954 P resentation op Eleventh Report Shri Kasliwal (Kotah-Jhalawar): I The nomination to the Board and beg to present the Eleventh Report of the withdrawal of candidature will the Committee on Private Members’ be received in the Parliamentary Bills and Resolutions. Notice Office upto 12 Noon on the dates mentioned for the purpose.

The election, which will be conduct­ ELECTION TO COMMITTEE ed by means of the single transfer­ able vote, will be held in Committee CoiR Board Room No. 62, First Floor, Parlia­ The Minister of Commerce and In­ ment House between the hourj 10-30 dustry (ShH T. T. krishnamnchaTi); A.M. to 1-00 P.M. I beg to move:

“‘That in pursuance of sub­ BUSINESS OF THE HOUSE -section (3)(e) of section 4 of the Coir Industry Act. 1953, this Change in Timings of Sittinos House do proceed to elect in such manner as the Speaker may Mr. Speaker: Before the House pro­ direct, one Member from among ceeds with the next business, name­ themselves to serve on ;he Coir ly, the further consideration of the Boards Bill to provide a special form of marriage in certain cases, for the Mr. Speaker: The question is: registration of such and certain other “That in pursuance of sub­ marriages and for divorce, as p a tised section (3) (e) of section 4 of the by the Rajya Sabha, I have to make 373 LSD. 1249 Business of the House 8 SEPTEMBER 1954 Business of the House 1250

[Mr. Speaker] But if on a division taken on any an announcement in view of the dis­ business between 1 p.m . and 2-30 p.m . cussions at the Business Advisory it appeario that 50 Members are not Committee to adjust the business of present, the business shall stand over the House. It was conoidered neces­ until 2-30 p ^ . the same day or the sary by all concerned that the House next sitting of the House, as may must sit longer hours, because other­ be convenient, and the next business wise, the legislation and other busi­ shall be taken up. The point is that ness of the House will continue to be no question will be decided finally progressively in arrears. which requires a vote of the House between 1 pJ4. and 2-30 p.m . if There was a lot of discussion about Members are not present, that is, the the timings of these sittings, and number of the quorum. there were different views expressed, but ultimately some particular view Shri K. K. Basu (Diamond Har­ was advanced, and the matter was bour): Unless it is the unanimous kept over to have the reactions of decision of the Committee, I thiriic the hon. Leader of the House. He the better course would be to sit has been consulted. from 12 'Soccs to 6 p.m . Babu Ramnarayan Singh (Hazari- bagh West): Not of the Members of Mr. Speaker: The Committee was, the House? of course, unanimous but is never pressed on this parlicular point. The Mr. Speaker: The Members of the question of 12 Noon to 6 p.m . was House, through the Business Advisory also considered, and when I announc­ Committee, had expressed themselves. ed this, the proposition of 12 Noon to As this concerns the government 6 P.M. is not altogether ruled out. business and the expedition with The point pressed at present was which it is carried, it is but natural that as the day is getting shorter, it that the spokesman of the Govern­ is better that we adjourn earlier by ment should be consulted. His re­ the end of the day than isit longer actions have been obtained. hours so that Members may be left some time free for their evening With the concurrence of the Mem­ engagements. The other considera­ bers of thi'j House as also the hon. tion was that some more time may be Leader of the House, I am announc­ left in the morning to attend to ing now that the House will be sitting their business, and from that point of from day after tomorrow—tomorrow view 12 Noon to 6 p.m . would be is a holiday—from 11 a.m . till 5 p.m .- better. But this point is open and if —^this will give six hours—without a Members express a deisire that we break for lunch. That means, the should sit from 12 Noo»t to 6 p.m ., the sitting of the House continues, and Chair will have no objection. (Inter­ whosoever wants to have lunch will ruptions.) have to arrange for himself either in the Parliament House or ouHnde. Shri S. S. More (Sholapur): We may have 12 Noon to 6 p.m . with one But in this connection, I would provision, because it becomes difP- like to invite your attention to one cult to maintain quorum, that the convention in the House of Commons. provision or convention that you I would, therefore, put it to you that have suggested is accepted for the If the House agrees, we may adopt period between 5 p.m . and 6 p.m . that convention and establish a con­ Then we shall have easy progress vention that the House shall not be counted between I p.m . and 2-30 p.m . There is no count for that period. Shri Gidwani (Thana): It will be ilnterruptiona). better to sit from 12 Noon to 6 p.m . 1251 Business of the House 8 SEPTEMBER 1954 Business o f the House 1252

S hrimati Renu Chakravartty The Prime Minister and Minister (Basirhat): I would submit that we of External Affairs and Defence (Shri should not accept this proviso about Jawaharlal Nehru): As I ventured to no»t counting for IJ hours, because put it to you yesterday, I am entirely the main idea is that we should get in your hands and in the hands of through the arrears. If we are not the House. Whatever time is fixed, to have a quorum between those we shall adapt ourselves to it, even hours, I am sure the same difficulty though it might not be wholly con­ that we experience during discussion venient. Only one thing I would sub­ of Private Members* Bills and Re­ mit, that is, that between these two solutions will come up and we shall timings, if it is 11 a .m . to 5 p .m ., it be postponing, again and again might continue to 6 p .m . also occa­ very vital decisions. Actually. the sionally. I see no reason why Mem­ time gained will be lost in another bers should not continue to sit till way. the end of the sitting; I do not think it is right or fair for Members to Mr. Speaker: T h ere seems to be a absent themi.^elves when important misapprehension on this point. It is work is at hand. not that the House is not functioning and it shall not be counted. If anybody raises a point or some question has Mr. Speaker: So this closes the to be voted upon and if there is no question. The House will sit from quorum, then votes will not be 11 A.M. to 5 p .m ., and if need be, up counted; the House will proceed to 6 PJ4. I assume that there is an with other bu*3iness. That is the agreement on this point by the House point. and the time is settled. The Minister of Dcf3ncc Organisa­ Several Hon. Members: Yeu. tion (Shri Tyagi): In other words, Dr. Rama Rao (Kakinada): On a quorum will not b e questioned. (In­ point of order. Sir. By raising this terruptions,) question of not taking quorum into Mr. Speaker: I am requesting Mem­ account, are you not interfering with bers just to develop a convention. the Constitution? Can we do that? Our Constitution provides for a quorum and I would not like to go Mr. Speaker: The hon. Member did against the provisions of the Con­ not hear me when I was on my legs stitution. Therefore, I advisedly The difficulty in this House is that said that we might try to establish Members are talking among them­ this convention. selves on their own questions when discussions are going on, and then As regards the other points of Mr. they put in something by way of a More, for having this kind of thing— point of order. I said that I did not the House not being counted at later wish to go against the Constitution. hours—I am afraid it is difficult to I therefore said that we might agree with him, because we agree to establish a convention, and not a rule this procedure between 1 p .m . and of this House going against the Con­ 2-30 P .M . as it is lunch time. There stitution. is no such thing as between 5 p .m . and 6 p .m ., but we may see whether Shri Vallatharas (Pudukkottai) we can have half an hour or three- rose— fourths of an hour for tea time when Mr. Speaker: Even now, if there the House will not be counted. Some are 40 Members in the House, unless such thing might be there ...... (Inter­ the attention of the Chair is drawn, ruptions). It Becms the inclination is the House goes on. It is perfectly not to accept it. So for the present, valid according to the Constitution. how do we agree—^between 12 Noon and 6 p .m . or 11 a .m . and 5 p .m . 1253 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1254

SPECIAL MARRIAGE B IU :(c o n td .) Clause 4.— (Conditions relating to jected the idea of requiring the con­ solemnization of special marriages— sent of the guardians in case the male Contd. had not completed twenty-one or the female had not completed eighteen. It is, therefore, immaterial whether Mr. Speaker. The House will now the lower age is fifteen or fourteen proceed with further discussion on or sixteen or any other not specified clause 4 of the Special Marriage Bill. in the amendments considered. In Amendment No. 61 relating to age- view of this decision, it is clear that limit, ue. part (c) of clause 4. was the new amendments proposed by adopted yesterday. Also amend­ Shri Venkataraman and others in ments 425 and 114 relating to degrees modified forms are barred by the of prohibited relationship was moved decision of the House, and cannot be yesterday and are now before the moved. We will now proceed with House. Amendment No. 113 was clause 4. moved on the 2nd September, 1954. I take it that none is anxious to Now as regards certain amend­ speak further on this now. ments which were already tabled be­ fore, and other amendments which Shri B. C. Das (Ganjam South). were tabled subsequently in a modi­ Yesterday our amendment was oppos­ fied form, a question was raised ed by Shri Nand Lai Sharma. After yesterday in the House as to whether hearing his speech, I am i^ure those those amendments were barred as a Members who claim themselves as result of the House accepting amend­ progressive must think about their ment No. 61. My attention was action again, because Shri Nand Lai invited to that. I have gone through Sharma and his Party are against, the debate in the House and the this Bill. They want to restrict its amendments concerned and I am now scope. The various amendments giving my ruling on this question. suggested by his Party are intended to cripple this BilL Now, the preset: 1 The question is as to the effect of opposition is actuated by that veiy the acceptance by the House of spirit. What do they want? They amendment No. 61. It has to be want that very few Indians should noted that this amendment wai3 con­ take advantage of this Act. YhtA is sidered along with a number of the trouble about it. Now, wh' 4t is amendments, many of which ' con­ our stand? We want that as m.-iny tained a provision that the consent people as possible should take advant­ of the guardian should be taken in age of this progressive measure. This case the bride or the bridegroom was is a measure which will mtike above fifteen or eighteen but had not marriage cheap, very rational, withlr completed the age of twenty-one. In easy reach of people and will not other words, they desired that the make people incur debts observing age of marriage may even be lower ceremonies. This is the type of than eighteen or twenty-one, pro­ marriage intended by this Bill. We vided there was the consent of the want every section of Indians to take guardian. The amendment carried advantage of this Bill. So, why lays down the age at eighteen or should you bar a particular section of tvyrenty-one, without any exception in Indians on the ground that they sole­ ffivour of a lower age. mnize their marriages according t'’* the customs prevailing in thp Considering the decision of the country? I could have understood the House in the context of all the amend­ logic of the Members who oppose our ments which were moved and con­ amendment if they insist upon ban sidered, it is clear that the House re­ ning such kinds of marriages unde^ 1255 Special Marriage Bill 8 SEPTEMBER li)54 Special Marriage Bill 1256 any sM-stem of law. They think tha., the age of marriage to be raised to this type of marriage is sacramental 25. These progresssive friends of if it is solemnized under the Hindu ours found themselves in that group. law or under the Muslim law, but. it Shri Nand Lai Sharma and Shri it comes under the purview of this Deshpande wanted that this kind of Bill, it becomes unreasonable and marriage should be applicable only irrational and all that. How is it? to those people who want inter-com­ We want one set of marriage pro­ munal or inter-religious marriages visions for the entire country and. and these friends of ours express for that purpose, the firjt attempt their sympathy for this stand. Now, should be that all sections of Indians those very persons support Shri should come under one particular law. Nand Lai Sharma on the ground that Of course, it is not a compulsory our amendment is not very pro­ measure; but it enables every section gressive. They forget one fact, of the Indians to come under the namely, that we want the applicabiUty purview of this Bill. This is the in­ of this Bill to be enlarged. This is tention of this Bill. the basis of our amendment. This should not be restricted to as few [Shri Pataskar in the Chair.] persons as possible. Le; all sections If this amendment is accepted. it of Indians take advantage of it. Then will enable all sections of the people j^one, in the near future, when pro­ to perform marriages under this law. per psychological conditions are The marriage of a cousin, according created, when proper social con­ to the provisions laid down in this ditions are created, we can have a Bill, is considered to be barred, but common marriage law for the entire that marriage is considered all right country. That is the intention why and legal under the customary law. we want this amendment to be Why should that be barred? V/hv accepted. If it is accepted, we can should you discriminate against such bring under the purview of this Bill marriages under this Bill? I couKl all sections of Indians and that i.s have understood if they said that why we press for the acceptance of under the Hindu law also customary ihis amendment. Let not pseudo- marriages should be banned. If they progressivism stand in the way of had enunciated certain scientific accepting this amendment. principles and said that according to S h H D a b h i (Kaira North) ro^e— those principles our marriage law should be enacted, then, we would Mr. Chairman: Does the hon. Mem­ have welcomed that proposal. But, ber want to speak or does he want to they do not do that. What they in­ put some questions? tend is that people L^hould be tempted to take advantage of the religious Shri Dabhi: I want to speak, Sir. types of marriages, the sacramental I rise to oppose this amendment types of marriages and the secular which recognises custom allowing the type of marriage should not be taken marriage within the prohibited de­ advantage of by large sections of gress of relationship. Up to this Indians. This is the attitude that time. I took it for granted that our actuates our friends who oppoisfc our communist friends were very pro­ amendment. gressive in social matters like marri­ An Hon. Member: No. age etc. But, I now find that they are really conservative and, perhaps, Shri B. C Das: Those friends of reactionary in this matter. I do not ours who claim themselves to be pro­ understand why our friends, who gressive now find themselves in the want a uniform social and political company of Shri Deshpande and Shr! system throughout the world—not Nand Lai Sharma. Shri Nand Lai only that who want a uniform think­ Sharma and Shri Deshpande wanted ing of tbcdr own pattern throughout 1257 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1258

[Shri Dabhi] the world—should support these cus­ parties concerned. I may tell him: toms, good, bad or indifferent it is quiite true that in certain com­ munities pe^ople incur large expen­ We know that this Bill is one step diture at the time of marriages, but forward in the establishment of one it is not because that such a form of uniform code envisaged by article marriage requires such largfe ex­ 44 of our Constitution. Now, if we penditure to be incurred. It is be­ recognise all customs which are pre­ cause certain caste customs require valent among several communities in big marriage feasts and all these different parts of the country, then, things to be j^iven and therefore they this Bill would be of practically no incur such exoenditure. This means use. If we want to allow these that cus­ these people are unable to do toms, it is better we drop this clause away with the caste customs. How 4(d) altogether. are those people, who cannot do away Some hon. friends said that there with these caste customs, expected to is a custom among certain sections of have their marriages registered under the people of marrying the maternal this Act? They incur large ex­ uncle*s daughter. If these customs penditure at the time of marriage are allowed, not only will one be able under the force of their caste. That to marry the maternal uncle’s means they are wedded to their caste daughter, "but he would be able to and therefore these people who can­ marry his own sister’s daughter, who not do away with their caste customs is considered by some people to be have no right, and they would never one’s own daughter. Not only that: try, to register their marriages under there are certain customs prevalent this Act. amonp; certain communities whereby one can marry the paternal uncle’s Then, Sir, some hon. friends think daughter and sometimes also the that if marriages are celebrated sister of the half-blood. So, it would under this Act, the parties concerned mean that all these marriages would would not incur any expenditure. To be allowed. If you allow all these them I would say that even if marri­ marriages, then there is no use in­ ages are celebrated under this Act corporating this provision regarding nobody prevents them from giving prohibited degrees of relationship in parties. They may not give feasts this B in according to the caste customs, but they would naturally be giving big Several Members have also argued parties to their friends, and, perhaps, that the aim of this Bill is to bring they would incur more expenditure as many people under this law as than what the other peoplia would possible. If that is the aim, then why expend under ordinary sacramental not do away with all restrictions? marriage. I may tell my hon. friends, Why not do away with clause 4 it­ due to social reforms, in several parts self? When once we have decided of the country—of course, I can speak that certain principles are to be of Gujerat—^where marriages are per­ observed before a marriage under formed under the sacramental law, this Bill is to be allowed, then we the parties concerned practically in­ must not allow any variations in this cur no expenditure at all. When matter: otherwise, the Bill would be Mahatma Gandhi was living—you of ne use. might know—in his Ashram several Then, Sir, I do not understand how marriages were being performed and •ome of my hon. friends, especially practically not more than Rs. 5 were my friend Dr. Hama Rao came to expended for the purpose. Therefore, think that celebration of marriages in there is no sense in saying that marri­ a sacramental form requires large ex­ ages performed under this Act would penditure U.I be incurred by the not require any large expenditure. 7^59 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1260

There is no point in arguing in this not quite the same in clause 4 and way. clause 15. So far as this particular condition, whether you should allow So, from every point of view I hope any customary variation of rules lai'd* the House would reject all these down in clause 4, that is something amendments and I hope my friend very different from what is provided Dr. Rama Rao also will see that it is in clause 15. In clause 15 the ques­ n o us€; allowing custom in this Bill tion is: when a marriage is registered which is meant for all castes and you may allow customs; but so far communities. as the marriage which is going lo be Mr. Chairman: May I say a word solemnized for the first time under about these amendments? Theae three this Act. the question under clause 4 amendments, they are Dractically one; is: whether or not you should' allow almost the same except a little dif­ any customary marriage. Therefore, ference in wording. 1 am told that the two questions are different. there has been, rather, sutilcient dis­ cussion and I wish that hon. Members Mr. Chairman: Clause 15, to my do not spend more time here because mind, is more important than the dis­ there are important clauses to come cussion on thi's particular amendment as yet. Of course there is no motion at this stage. for closure and I do not want to pre­ Pandit Thakur Das Bhargava: Then vent hon. Members from saying what you propose to allow discussion then? they want; but. if we can ourselves W)luntarily undertake the regulation Mr. Chairman: Of course, if Mem­ of the discussion that would be much bers want it I only made a sug­ better than any artificial method. That gestion that we must also exercise is the only suggestion I want to make some voluntary regulation of the time to hoh. Members before they rise and for discussion. speak. Pandit Thakor Das Bhargava: Then, Pandit Xhakiir Das Bhargava (Gur- am I to understand that you will allow gaon): Sir, there is clause 15 also discussion on clause 15? where there is a provision allowing Mr. Chairman: Yesi Clause 15 is registration of marriages sanctioned a different point. by custom: There this argument will come up again. Therefore, if you Shri Achuthan (Crangannur): Sir. in kindly hear the arguments now and fact. I was astonished to see that Dr. do not allow any time then. 1 think Hama Rao, being a medical man of that would be all right. that locality, has come in thi-s House wiith such an amendment which is Mr. Chairman: But the point also not at all rational, progressive and is small. up to the trends in our country. 8 0 far as social, religious and economic . Pandit Thakor Das Bhargava: If you reforms are concerned, the Party with will allow argument then, we may not the name Communist Party wants to say anything now. But. if you will have revolutionary changes made in kindly extend the scope of argument this country and when they come t o here, and have arguments at one time the question of having a legislation only, that would be better. If that with regard to uniform marriage ad­ is the course you are going to adopt apted to the modern trends of the then we propose to aoealc on those world, they come with an .•amendment amendments. My amendinent is there saying: if there is any outmoded, use­ in clause 15. number 264, because I less, ugly custom or usage in sonK# want those words to be deleted from parts of the country, that must Im clause 15. given some validity. I can under^ The Minister of Law and Minority stand if Dr. Rama Rao says that it Affairs (Shri B i s w a s ) : The question is is for some ten or fifteen years, but 26t Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1262.

[Shri Achuthan] he wants that the provision must be ing of a large section of the House,, there for ever. I am sorry that such we went a step forward saying that a political party is not ^oinrt to have even though the age of the girl be 18, any future so far as the problem of no consent of the guardian is required. social reforms are-concerned in this We want to see that such marriages, country. With regard to this parti­ take place in this country in future. cular aspect of the Question the whole Excepting on the question of the Com­ world says that some principles are munist Pa^y wanting to see that the- to be accepted w^th regard to the so-calledf poor people here and there, blood relationship. Is it Dr. Rama may not give up their support to the Rao*s view that if there Is some cus­ party concerned, I do not And any tom or usage anywhere that a brother reason In supporting this amendment. can marry a sister, or that a father Dr. Rama Rao is a level-headed and can have his daughter as his wife, it modJerately Chinking man and I hope,, should be allowedf? rather than giving himself away under the influence of other people,, An Hon. Miember :Who said that? he would directly get up and say: *1 withdraw this amendment” . Shri Achuth^n: Then it amounts to Shri Biswas; I have very little tO' foolishness and stupidity. If you want add to what has been said by a large to give validity to such customs It section of the House. There is one is nothing but stupidity. On that misapprehension which I should like grounds, not a single man except the to clear up. It is said that the object so-called Communist Party who say Of the Bill is to make marriage easy. at the top of their voice that they are We are removing the bar o f religion, going to reform the country, need but even so, marriage between per­ support this amendment. It must be sons o f different reli^ons n\ust be opposed tooth and nail: root and subject to certain restrictions. If you branch. I can understand if 8^xne wanted to make marriage easy, you other members from Hindu Mahasabha might just as well sweep away all res­ or Ram Rajya Parishad come and say: trictions and simply say that two ‘All ric?ht; you are in a majority: even persons of opposite sexes may marry then, for our sake, there must be some whenever they like, under whatever time limit—say, for ten years this conditions they like and in nny cir* must be so—to get ourselves accus­ cumstances and that might perhaps tomed to the change. It will take be the ideal law! some time to inject this psychological idea into the heart of society and in Shri Lokenath IMOshra (Puri): Yes,, due course the provisions of this Bill t h a t will be the ideal law. may have a widespread application*’. Shri Biswas: But it must still take Our aim is to see that even though us time to return to the jungle life. we may have our Hindu, Muslim, Shri S. S. More (Sholapur): Why Christian or Parsi Hws, as far do you call it jungle life? as Dossible. the society must be Shri Biswas: Because I think like- such that any member from any part that. Of the country, irrespective of the question of caste, religion or commu­ Hr. Chairm^: Jungle life does not nity, must have sufficient legal back* necessarily mean bad life. ing for a jnarriage to be conducted Sliri Biswas: Sometimes, denizens of from any other part of the country. the jungle are better than denizens That is our ideal. To achieve that here. purpose we must see that such retio- cjrade amendments are not added to As regards the amendment, this this nice legislation. Yesterday, even does not contemplate marriages bet­ when that amendment was passed, ween persons of different religions. even though it did not have the back­ Customary form will mean the custom 1263 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1264

whit:h will apply to both parties to now put amendment No. 113 to vote. the marriage. Suppose there are two The question is; persons of different reiijgions; in one In page 3, lines 7 and 8, after case, the list of prohibited de/^rees is '‘relationship'" insert: laid down in a certain manner, and in the other case it i^s laid down in a “unless the law or any custom different manner; what is to be done or usage having the force of law* then? therefore, the amendment itself governing each of them permits contemplates that the marriage will of a marriage between the two"*. be between two persons who belong to The motion was negatived. the same religion. If that be so, why should it not be possible for those Mr, Chaimiaii: The ocher two persons to marry under their personal amendments are barred by the deci­ law which will includte the customary sion on this amendment. vari'ations, because if there is a cus­ There are some amendments to sub­ tom, such custom will have the force clause (e> of clause 4. 1 do not know of law in that community and among wheiner any hon. Members want to those persons. Therefoi^, it is always move their amendments. open to them to marry accordingly, 10 A.M. and we are not barring any such marriage. The question is, when Dr. Rama Itao (Kakinada): I beg we are providing a law which to move: will be aoDlicable to all, are we Justi­ In page 3, lii*es 10 and 11, for “both fied in imposing the custom of one parties are citizens of India domiciled particular part of the country on an­ in the said territories’* substitute: other? If We have to provide for this **either or both of the partiea custom, then we must provide for all are citizens of India” . customs in the country. Shri Samian Gupta: I beg to move^ Shrl Sa^an Gupta (Calcutta— In page 3, lines 10 and 11, for “both South-East): May I know whether parties are citizens of India domiciled» the same thing is not going to be done in the said territories” substitute: in the Hindu Marriage and Divorce Bill? “either party is a citizen of In­ dia:

Shri Biswat rose.— Provided that if such territory is outside the territory of India, Pandit Thakur M s Bhargava: That as defined by the Constitution of is not relevant here. India, and one of the parties nor a citizen oH India, no marriage Shri Biswaa: If my hon. friend has shall be wlemnized under this Act, actually read the Bill as has been in­ if the party not being a citizen troduced—it is now imd!er examina­ Of India i*s prohibited from con- tion befbPe a Joint Committee—I am tracthag the marriage under any quite sure that when the Bill emerges la w applicable in such territory.” from the Jolht Committee and is placed before the House, my hon. Shri Nand Lai Sharma (Sikar): i friend will see that there is nothing beg to move: of that kind in that Bill. I do not wish to take up the time of the House In page 3, line 10, for “both parties any longer because the majority, as are citizens of India” substitute: I take it. are a«ainst this amendment. '‘either party is a citizens of Mr. Chairman: I think the amend­ India'V ments are Nos. 113, 114 and 425. They are all the same and two of them are Mr. dudrmaii: These are the three identical even in phraseology. I will amendments which will now be con- 1265 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1266

[Mr. G.iairman] right of marriage only to citizens of sidered and I will place them before India, when in the other territories, the House. Amendments moved: there i^ no such restriction on the right of marriage. Therefore, I have In page 3, lines 10 and 11, for '‘both provided in my amendment that the parties are citizens of India domiciled restriction should, firstly, be that in the said territories'* substitute: either party should be a citizen of ''either or both of the parties India,V and secondly, v/hatever the are citizens of India” . restriction be in this particular clause In page 3, lines 10 and 11, /or “both should apply not to territories which parties are citizens of India domi'ciled are situate in India, but to foreign in the said territories’* substitute: territories, territories which are abso­ “either party is a citizen of lutely outside India and over which India: our sovereignty does not extend. It is only in those parts that a citizen Provided that if such territory of India should be allowed to marry an is outside the territory of India alien. Of course, there should be as defined by the Constitution of no bar to that -marriage under the law India, and oneloi the parties not applicable there, because we must re­ a citizen of Indiiia, no marriage cognise that when we are doing some* shall be solemnized und^r this thing in a foreign coimtry, exer­ Act, if the party not beinjr a citi­ cising the Dower which is some­ zen of India is prohibited from thing like extra territorial rights, we contracting the marriage under must ensure that we do not come into any law applicable in such terri­ conflict with the laws of that country. tory.” ' Therefore, I have sought to provide In page 3, line 10 for “ both parties in my amendment that the restric­ are citizens of India** substitute: tion as f%gards marriages should apply only to territories which are outside “either party is a cittizen of our sovereign jurisdiction, outside the India” . territories comprised in Part A, B, Shri Sadhan Gupta: The object with C and D States of India. -which I have moved my amendment Further, we provide that the right is this. In the Bill, as far us terri­ of marriage should exi-st where either tories to which the Bill is sought to party is a citizen of India and where be applied are concerned, there is one of the parties who Is not a citizen no Question of domicile: Anyone re­ of India is not barred under the local siding in any part of India may pro­ law. I submit that 1b illogical. If you ceed to any other part, have his resi­ provide that both oartieg must be dence there fpr the length of time citizens of India, it is unnecessarily which i's requirecS under the Bill and restricting the scope of the Bill. In a may then marry in that particular foreign territory, you might place. 1/ think the principle should choose to marry a foreign girl: be that even in territories, to which it is being done in so many this Act does not apply, if there is cases and they have to resort a person from outside who is not to churches and change their religion domiciled in those terntories, he for the purpose, or they have to marry should be fillowed to take full ad<- under the law of EJrUjtland or under vantage of the Bill and he should be the law of the country in which they allowed to marry in accordance with marry. Our law for thi*s purpose is the provisions of the Bill by the infinitely a better law. For example, Marri*age Officer appointed for the let us consider the case of England, purpose in those territories. Secondly, which may be the country in respect of in a place which is in the territory which this particular Bill will be most of India but which is outside the relevant or this particular provision territories to which this Act applies, will be most relevant. In England, if there is no sense in restricting the you marry under the English law, the 1267 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1268 rights of divorce you will have, are territories, why ao you stand in the very different, very much more reac­ way of their taking advance of this tionary, than what we are enacting law? So. if the Law Minister bestows here. Here, it an alli'ance proves un­ his attention to my amendment, i am fortunate, we can dissolve the tie by sure he would concede it. The only mutual consent. There, ii an alli­ p»oint is one of national self-respect. ance proves unfortunate, you have to WSf must enable oun citizens to marry go in search of a co-resoondent. The according to our Indian law when parties may be absolutely Innocent as they can marry under some other far as adultery is concerned, but just foreign law. I know of a couple who because the company of each other were in Eut\>pe and who went away has becx)me unbearable, the parties to Moscow and married under the have to submit to uR]y allejtations and Soviet law just because they have not leave them uncontested, and make got such a law . So, I would request some show of a contest and thereby, the bon. Uaw Minister to view this collusively, by taking a forced claim from a liberal stand!-point. You sre upon oneself, one of the parties sees not preventing these marriages but to it that the tie is dissolved. We do you are compelling some to marry not want anything of the kind. We under some ^reign law, whereas you d!o not want to go in search of ficti­ can extend the benefit of this law and tious co-respondfents. We want the see that they marry imder this law. straightforward manner of divorce I therefore commend my amendment provided in this Bill, and therefore, to the House. provision should be made that even Shri Bogawat (Ahmednagar South): I in a foreign country, if either of the oppose this amendment for the rea­ parties is a citizen of India, mairiage son that it would! be barred. If you should be possible, unless of course read sub-clause (2) of clause 1, you the law of that country bars it as will find that this Act “extend to the far as the non-citizen is concerned. I wliole of India except the State of would commend this amendment to Jammu and Kashmir, undj applies also the hon. Minister as a very logical to citizens of India domiciled in the thing and as really carrying forward territories to which this Act extends the purpose of the Bill. With these who are outside the said territories.’* words, I conmiend' niy amendment. If the words are “citizens of India,” I do not think that his amendment Dr. Banui Rao: My amendment— would be admissible here. Unless amendment No. 115—is to substitute both the persons are citizens of India, “either or both of the parties are I do not think that the marriage can citizens of India.” for “both parties be allowed under this clause. Some are citizens of India domiciled in the people, or some hon. Members, may sai'd territories.’* In my amendment, have the idea for having a marriage "‘both** is redundant. Anyway, I con­ with a foreign girl, but as the Act sider this is a matter of national says it applies to the citizens of Indi'a, self-respect. None of our citizens, as 1 do not think that this amendment a rule, want fo marry a non-Indian. will> be admissible. As we have pass­ He or she must be enabled to take ed clause 1, I think that this amend­ advantage of our Indian law. If you ment is not admissible. No doubt, we do not accept mv amendment,—an must be liberal. Indian citizen wants to marry some­ M r . Chi an: May I draw your at­ body else, and he can marry and they tention that, in the first place, clause are marrying now under sume foreign 1 has not been passed? law—you accept the French law or Shri BoganAit: Though it has not the EngUsh law or the Russian law been passed yet, I think that if this but you do not want to extend the amendment is accepted, we will have benefits of those laws to yDur own citizen. If both parties are not citi­ to amend? sub-clause (2) of clause 1 zens of India dtomiciled^in the foreign also. My objection is—and 1 am 1269 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1270*

iShri Bogawat] sorry to say—that if clause 1 has not State of Jammu and Kashmir, and been passed, this amendment will applies also to citizens of India domi­ not be admissible until that clause 1, ciled in the territories lo which this sub-clause (2) iB passed. But, as we Act extends who are out side the said are very keen to have marriages bet­ territories.” That means this Act would ween the citizens of India living out­ apply to Indian citizens who htive mig­ side India, l think the sub-clause, as it* rated' from this country and have domi­ is, shouldf be allowed to stand. 1 there­ ciled in other territories. For ex­ fore oppose the amendment. ample, if an Indian boy who is domi­ ciled in a foreign territory wants to Dr. Jaisoorya (Medak) rose— marry a girl of that country, or an Mr. Chairman: I will lirst call upon Indian girl who is domiciled in a those who have moved the amend­ foreign territDry wants to irarry a ments. I will call the other Members boy of that country, we .should! not afterwards. Shri Nand Lai Sharma. allow the law of that country to govern that couple. That would be Shri Nand Lai Sharma: I do not considered to be an admission of the think this requires a lonff speech. weakness of our law and an injustice Shri Biswas: What is your amend­ to our citizens. ment? Therefore, I think the hon. the L a w Shri Nand Lai Sharma: My amend­ Minister will see his way to accept ment is No. 342 in list No. 8. This my amendment. is practically a repetition of sub­ clause (2) of clause 1 where the ex­ tent of the Bill is given. It applies also Dr. Jaisoorya: Sir, I would very to the citizens of India domiciled in much welcome the words “either the said territories. With regard to party is a citizen of India'’, but there the arguments advanced by Shri Boga- are very serious legal difficulties. For wat. I am surprised to see how he instance, an Indian male wants to argues the case against one of the marry a foreign woman. She can parties to the marriage. If one of the acquire citizenship of India subse­ parties is an Indian citizen, this Act quently, but it becomes a difi.cult should be made applicable to that matter,' because international laws of citizen. Now, the difficulty will be citizenship are not yet quite clear. just as has been argued in other cases There are some cases of dual citizen­ also. Although Jammu and Kashmir ship. A Swedish woman marries an belongs to India, to Indian territo»*y, Indian; she can retain her Swedish most of our Bills are not extended to citizenship. So also under the Cer­ that territory. tain her German citizenship, although man law, a German woman can re- The representations from Jammu and she marries a foreigner. But the pro­ Kashmir have repeatedly stated on blem becomes more difficult if a the floor of this House that they^ are foreign male should marry an Indian Indian citizens and inasmuch as our woman who is an Indian citizen. The Constitution applies to them, they problem then arises what citizenship should be governed! by it. The Hcuse will she have. Then there is always will notice that in the case of all the problem of jurisdiction of courts our legislative measures there is a and several other ticklish problems proviso to the preamble to the effect which we have no thought of, and that “this measure extends to the whole which the hon. Minister may perhaps of Indi-a, except the State of Jammu clarify for us. Therefore if we put and Kashmir.** But the preamble to it blindly as “either party is a citi­ this Bill as well as the Hindu Marriage zen of India", the question as to the and Divorce Bill says that “It extends matrimonial law of which country to the whole of India except the will arise. J27X Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1272

So, if we leave it at that, we can ties who are outside the territories of later on think out the details. We India are concerned, sub-clause (2) must keep our eyes open to the legal will come into operation. -difficulties over which at any rate Sub-clause (2) reads: many of us have not thought. “It extends to the whole of Shri *Jethalal Joshi (Madhya Sau- India except the State of Jammu rashtra): Mr. Chairman, there is an and Kashmir, and applies also to amendment in my name, but after citizens of India domiciled in proper consideration I think it pro­ the territories to which this Act per not to move it. extends who are outside the said territory." Shri Biswas: Sir, I should make it So. it is required that both the par­ perfectly clear that there is no inten­ tion to shut out a marriage between ties must be of Indian domicile, must a citizen of India and a person who be Indian citizens. Otherwise, all is domiciled in any other territory. sorts of difficult questions will arise. The question is whether we should We are not going to forbid marriages make provision for itj^in this Bill. between an Indian citizen and a non­ citizen of India. But that has got to This Bill has a ^imiled scope. be provided for in a separate enact­ If we introduce a provision ment that we have in contemplation. like the one suggested by Shri So. I cannot accept any of these Sadhan Gupta, that would not serve amendments. the purpose. The question of foreign marriages is not quite so simple as As regards the point which was my hon. friend imagines. If only he made by my hon. friend Shri Nand will turn to the Foreign Marriage Lai Sharma, who has disappeared, he Acts which are in force in different is very much concerned over Jammu countries, he will see whal elaborate and Kashmir. I have pointed out provisions have been made there. As before and I wish to make it clear my hon. friend Dr. Jaisoorya has again to hon. Members here that if pointed out, there are questions of in­ they turn to the Integration Order ternational law involved. These ques­ under which Jammu and Kashmir tions have got to be taken into ac- were made parts of India, they will 'oount. As I have already said—I do find it expressly stated that there is not know whether it was in this no integration except in respect of House, or in the olher—we have in matters in the Union List. Lists 2 and contemplation the enactment of a For­ 3 have been expressly excluded. Now eign Marriage Act much on the lines in this Bill, we are trying to acquire of the United Kingdom Act on this legislative jurisdiction in respect of subject. We have not yet exa­ marriages. But according to the terms mined the different enactments in of Integration of Jammu and Kashmir various other countries. We ^ave exa­ we have not acquired any legislative mined only the English Foreign Mar­ jurisdiction in these matters over that riage Act, and it is our idea to have State, but, if Indian citizens both a similar law in this country. But of them live for the time being that must be a separate law dealing in Jammu and Kashmir, they will with this specific question and it be permitted to marry under thi.s «annot just be smuggled in by the Act, because they are Indian citizens. backdoor here by substituting the Shri Sadhan Oupta: On a point of words suggested. clarification: are not citizens of The object of this Bill has been Jammu and Kashmir Indian citizens? made perfectly clear in the Short Shri Biswas: They are not Indian Title in clause 1. It is a territorial citizens. If Indian citizens happen law of India. Any two ^jersons, to be in Jammu and Kashmir they whatever their nationality, if they will be competent to marry under live in India can have their marriage this Act; not people of Kashmir be­ solemnised in India. So far as par­ cause they are not Indian citizens for 1273 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1274

[Shri Biswas] Mr. Chairman: The main amend­ the purpose of this type of marriage, ment itself is barred and so the pro­ because Lists 2 and 3 have been ex­ viso cannot stand. pressly excluded. Pandit Thakur Das Bhargaya: Mr. Mr, Chairman: I think there are Chairman, with your permission, I now three amendments. Nos. 115, 342 beg to move : ^ and 426. In page 3, after line 11, add: Shri Biswas: I would appeal to my hon. friends not to press these amend­ “ (f) the parties are at the time ments. of marriage free from all di­ seases and defects whkh render Shri Sadhan Gupta: Could w e h a v e marriage void under section 24 an assurance from the Law Minister or voidable under section 25 or that under the contemplated Foreign furnish grounds for divorce Marriages Act it will be permissible under section 27 and furnish for an Indian not only to marry a medical certificate of such free­ foreigner in a foreign country but dom before the Marriage Officer also to divorce as in this Bill and at the time of solemnisation of that it will come within a reasonable marriage.” time? Mr. Chairman: Amendment moved: Shri Biswas: My only assurance is In page 3, after line 11, add: that it will be a separate Bill on this subject. What the contents of that “ (f) the parties are at the time Bill will be— I cannot give any as­ of marriage free from all di­ surance on that. As for example, whe­ seases and defects which render ther the same rights of divorce which marriage void under section 24 have been granted in this Bill, etc. or voidable under section 25 ^ or will be there as well. All these and furnish grounds for divorce o t h e r questions will require to be under section 27 and furnish examined properly. We have a Bill medical certificate of such free­ in contemplation—not that the Bill dom before the Marriage Officer IS ready or that It had been drafted. at the time of solemnisation of It is a separate matter and it re­ marriage.” quires separate consideration. We Pandit Thakur Das Bhargava: Ac­ have such a Bill in contemplation. I cording to clause 24, a marriage be­ cannot say when it will be possible comes void if any of the conditions for us to introduce it here...... specified in clauses (a), (b), (c) and Shri Sadhan Gupta: Then we h a v e (d) of section 4 has not been fulfil­ to press our amendments. led and under sub-section (ii) of sec­ tion 24, if the respondent was impo­ Mr. Chairman: I shall put amend­ tent at the time of the marriage and ment No. 115 to the vote of the at the time of the institution of the House. The question is : suit. So far as voidable marriage is In page 3, lines 10 and 11, for concerned, I will only refer to con­ “ both parties are citizens of India dition No. (ii), which reads “the res­ domiciled in the sarid territories** »ub- pondent was at the time of the mar­ stitute— riage pregnant by some person other than the oetitioner...... ” In regard to “either or both of the parties clause 27, I might refer the House to are citizens of India.’’ sub-clauses (e), (f) and (g) which re­ The motion was negatived late to diseases in respect of certain Mr. Chairman: Now that this marriages. My humble submission amendment is lost, amendment Nos. is this. When we say that a mar­ 342 and 426 are barred. riage shall become void the conse­ Shri Sadhan Gupta: My amend­ quences are too tragic to be men­ ment No. 426 has a proviso. tioned. The result will be this. If a 1375 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill i2j&

girl gets married and subsequently [S h r i B ar m a n , in the Chair} the marriage is declared void or a It will be objected to on the divorce is obtained, I do not think she ground that there will be hardship;; will be able to get married again. people will have to incur some ex­ First of all, there will be the preju­ penditure. If you consider the ex­ dice against her for the simple rea­ penditure, it will be Rs. 5 or Rs. 10* son that she is a girl who has been which he may have to pay to a doctor. married and secondly the question of But consider the expenditure that chastity will come. The consequen­ he will have to incur when he goes ces will be bad for the girls as well to Bombay or Madras or other big as for the boys. People celebrate cities and remain there for a number marriages, take a marriage party and of days for the marriage. The ex­ spend so much money and ultimately penditure is very insignificant. it is found out that the marriage is Moreover, it may be suggested that void with tragic consequences. For there will be some difficulties if these thousands of years we have ladies are required to get the medi­ not had such a law that makes a mar­ cal certificates. I humbly submit riage automatically void. Even that in so far as this special kind o f under the Sarada Act, when a mar­ marriages are concerned, it is only riage was contracted when the boy or the culturally advanced people who» the girl was not of the requisite age, would largely take advantage of this; the marriage was not declared null at least to start with it will be they and void; on the contrary the mar­ and I should think that there should riage was considered good. be no cJifflculty. There are many lady medical practitioners and a certifi­ Now, we are for the first time cate can very easily be acquired. My making the marriage void and also humble submission, therefore, is this. providing for divorce. This is not a We should avoid all these. There new provision so far as Act III of are other special circumstances, for 1872 is concerned. All the same we instance, pregnancy of two or three are having these grounds which were months. That cannot be detected by not there before. Therefore, my a man unless and until a medical cer­ humble submission is that before the tificate is there. Similarly, in re­ marriage is solemnized, the parties gard to venereal diseases, leprosy, etc. must furnish a certificate before hand it is very difficult for the wife or the* from some medical man that he or husband to know whether the other she is not suffering from this disease party is suffering from these diseaser or the other defects. or not unless they have recourse ta very objectionable methods which we I know that it will be objected to all consider very wrong, on the ground that it is a new kind I should, therefore, think that of provision. At the same time, I nothing will be lost everything will must submit that we are making be gained by insisting upon such ce:- many new kinds of provisions in this tificates and—the marriage will not Bill; they are absolutely new and end in these consequences. When we foreign to the personal law of the are providing for something new, parties. When we have a special should also take these things into* kind of marriage and many other new consideration. This provision will things. I should think that we should save the marriages from all these bad not object to a certificate being pro­ consequences and drawbacks which duced. After all, when a person are to be found in this Bill. If ft offers himself for marriage, the other marrfage is once done, it is very diffi­ party should know that he is free cult to get away from It. I there­ from these defects and if in proof fore think that this small inconven­ of that he or she furnishes a medical ience can be there rather than allow certificate also, it is in the fitness of these young couples to come toge-- things. ther and after some time discover 1277 Special Marnage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1278

[Pandit Thakur Das Bhargava] long after you get married, you may :any of these defects and then have find that your partner is a leper. recourse to law. I very humbly sub­ But it does no harm to anybody. I mit these things for the considera­ have never seen a husband infecting tion of this House. Under the maxim the wife or the wife infecting the —Prevention is better than cure, husband. The danger is only to the such a condition is justifiable. children. And that is remediable.

Dr. Jaisoorya: I wholeheartedly I therefore support this. support this amendment. I think it is not so difficult or so expensive to­ Shri Jethalal Joshi: An amendment day or so inconvenient as to get to make a similar addition after sub­ yourself medically examined in order clause (e) stands in my name (No. to remove any shadow of doubt about 343), which runs thus : these diseases. Somebody stated that it will be inconvenient for a wotnan “ (f) the parties have obtained to draw 1 cc of blood; it is by no a medical certificate about their means an inconvenient thing because soundness of health and mind.” we draw blood for typhoid and a So now in support of this addition dozen other things daily. Secondly, if I must state that I entirely agree with you are buying a motor car you ask what my hon. friend Pandit Thakur for a certificate as to its fitness. Third­ Das Bhargava stated previously. We ly, the terrible damage that occurs to all know that the soundness of health the other partner, through one part­ and mind are a source of happi­ ner who is highly infective, is beyond ness and joy in maritaJ life. Similar­ description—not only the bodily ly it is the unsoundness of health damage but the damage to the mind and mind which very often disrupts the and the psychology. family ties and martal relations, Therefore there are laws in other T herefore, this certificate, I consider, is countries where you cannot get mar­ very necessary before the marriage is ried until you have produced a health contracted. certificate. I will give you one In this Bill there are some mea­ example. After this war the inci­ sures which have been provided. But dence of venereal diseases has in­ they come in only after the marriage creased in European and Western is performed. Therefore they are countries indescribably, and the havoc merely curative and not preventive. it creates to the married partner is a The measures are in the form of mak­ big problem that everybody is facing ing the marriage void or seeking in Western countries and in Europe. judicial separation or divorce, and thereafter re-marriage. But my sub­ 1 therefore suggest that it should mission is that all these measures, or t)e made obligatory to see—because cures, come in after the marriage has it is a human problem—that the other been fully contracted. My observa­ partner who is innocent and igno­ tion is that the remedy we suggest rant of these facts, is not damaged, must be preventive. Because, in spite of all our big talk about the progress that we have I know of several instances in which made, let me tell you frankly that some T. B. patients have contracti- the damage that is done by venereal ed marriage and have Inflicted widow- diseases is something terrible and life­ h»aod upon very minor girlsi. And long in spite of all our best treat­ thereafter, as has been suggested by ment, With regard to leprosy it is my friend earlier, nobody would come not the question. Leprosy is not so forward to marry such widowed infective as we make it out to be. girls, because even today the un­ And to find out whether one is suffer­ married girls find it hard to get mar­ ing from leprosy it takes between ried and there is a large queue in ten to forty years to materialise. So, some castes and sub-castes. 1279 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1280

I know of another instance in which provision proposed by my revered a boy was impotent but he was of a friend Pandit Thakur Das Bhargava. fairly wealthy family. A betrothal Other marriages are contracted not was contracted by the exchange of for physical purposes only. But this photographs. The party was stay­ is a purely physical marriage and A ing in,Africa. The party came down progressive measure where we are here. The marriage was contracted. not barred by any emotional and sen­ Thereafter it was known that the boy timental things. We are entering was impotent. But the defence into a contract with wide open eyes. advanced was that the boy wjg,^ ill We are not ashamed of calling it a for some time and that he would be contract marriage; we are entering cured very soon. After two or three into a contract. Husband and wife months the party again left for Afri­ are coming together for a permanent ca, and the girl was made to stay union. You have made laws where here. That party came back after the marriages would be indissoluble; eight or ten years. Now, what was in sacramental marriage even if there that girl to do? It was a sort of is incurable disease the marriage is forced separation, or whatever we indissoluble. And my friend Mr. may call it. But the 'girl had to stay More who is a very progressive gen­ here in that state, and there was no tleman ridiculed women who went remedy. If the boy had been here, round the vat vriksh and played then of course the girl could have that not only for that life but even had recourse to a court of law and for the life after she should get the seek separation or divorce on the same husband. These things are ri­ ground of impotency. But that re­ diculed in this House. You come course to court also was not possible. here for a worldly contract. I say And it was only after ten years that that the ordinary provisions which she could obtain a sort of divorce. guide you in other spheres of life should be introduced here. When In such cases where the marriage is you enter service, Government de­ itself void ab initio, there is no rea­ mands from you a certificate of medi­ son why the girl or the boy should cal fitness. When you enter military be placed in a position in which he service, certificate of medical fitness or she would have to live in a miser­ is demanded. Now, you are entering able condition. Therefore my sub­ into a marriage. You have made pro­ mission is that there should be a cer­ visions for which you are making tificate obtained previously, before advertisement that the greatest point the marriage is contracted. As my in this law is that there is provision friend stated, even a motor car re­ for divorce. Certain provisions have quires a certificate of fitness. I must been made for divorce. Certain mar­ say that there are certain institutions riages are held void and certain other where, if we seek admission therein, marriages are held voidable. In the we have to submit a certificate of case of void marriages, the provision fitness of health. There are certain avo­ is that the respondent was impotent cations where it is required. If one at the time of the marriage and at has to go for a long voyage in foreign the time of the institution of the countries, one has to show his certifi­ suit. You have specifically provided cate of fitness of health. Therefore . that a marriage would be void if at a there is no reason why a certificate certain stage one of the persons was should not be required previously, suffering from a certain disability. before the marriage is contracted, If at that point, you can stop the mischief, I think we should be pre­ I therefore support what Pandit pared to do that. More than this, Thakur Das Bhargava has stated and our Law Minister had raised an ob­ request the House to accept this jection that it would be very diffi­ amendment. cult to ask that person whether the Shri V. G. DeshiMUide (Guna): I bridegroom or the bride to be exa­ wholeheartedly support the salutary mined on this point. There are other 873 LSD. 12Si Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1282

[Shri V. G. Deshpande] things also. My doctor friend says contracted. My friends may accuse that it is possible to get a certificate me that we are supporting this amend­ even on this point. ment to make marriages difficult. I may state very frankly that for a There are other cases, for exam­ limited purpose, I am a supporter of ple, leprosy, venereal diseases. Do the Special Marriage Act. I have you seriously want that a girl made it clear in one of my should enter into a marriage even amendments that for marriages which where the man might have contract­ are not possible under the ordinary ed a worse type of venereal disease personal law, the Special Marriage and afterwards, on these very grounds, Act is essential. The personal law is should come forward to declare being liberalised and that law is to the marriage as void or voidable? come before this House and we, the There is one of the conditions: if the same Members, are going to discuss respondent was pregnant at the time it. The personal laws are likely to of the marriage. It is very easy to be made very liberal. I want that ascertain that. The wording is: if the soecial marriages should be as she is pregnant by any one else. clean as possible. Where you have When the doctor gives a certificate, not got any extraneous considerations if that gentleman agrees to marry except the worldly functions of a her, the presumption is that she must marriage, this amendment is very have been pregnant by him. It is salutary and our people with all their possible that she may have been progressive ideas should not be afraid pregnant by him. But, here, it is of facing a doctor or getting a certi­ possible that if he wants to declare ficate before the marriage is contract­ that marriage void or voidable, he ed. may bring evidence to harass the woman that she was pregnant by Shri S. S. More: I am very much somebody else. If we want to opiposedl to this . particular amend*^ avoid all this unnecessary litigation. ment, because ...... We have not made provisions for di­ vorce or declaring the marriages void Mr. Chairman: I think this is a de­ or voidable simply for the fun or pri­ finite point. Members may kindly vilege of getting a divorce. We want speak either for or against this mo­ that marriages should be as good, as tion as it is, instead of giving expla­ efficient, as clean, and as decent as nations why he is supporting it as possible. You are going to have a Shri V. G. Deshpande has done. I marriage which should serve as a do not think it is necessary. model marriage for others to follow. You want that others should come ShHl 0. S. Mouec Acqepting what into it. You must see that the mar­ you say, I will give my reasons for riages are contracted on a very sound opposing the amendment. One reason basis. My appeal to all the Members is, because Shri V. G. Deshpande has is this. There seems to be an an­ supported it. I am opposed to it. xiety that these marriages should be An Hon. Member: That is wrong. as easy as possible and no obstacles (Interruptions) should be placed in the way of con­ tracting any marriage: let him suffer Shri 8. S. More: My friend is tryitig from venereal diseases, let the woman to give me a hint as to what I shoiild be pregnant by anybody else, let the say. I say I am opposed to it be­ man be a leper, it does not matter. cause Shri V. G. Deshpande who is But then, there is a great anxiety supposecP to represent all sorts of that the marriages should be broken reactionary elements has supported on different pretexts. I say that it. There is nothing against Shri V. these very reasons on which mar­ G. Deshl^pandQ indivlduallyv Cut, all riages can be broken ought to th^ • reactionary elements jin this be stopped when the marriages are House have been making consistent 1283 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1284

and very tenacious attempts to put l>r, Jaiaoorya: No. spokes into the working of this mea­ sure as far as possible, and if they Pandit ThaJnir Das Bbargava: Why cannot defeat it, then to delay it or cannot congenital impotency be found make oftheif prov^lons so that as out. small a number of persons may take Shri S. S. Miolie: My knowledge advantage of it. about medical affairs is very limited. Dr. Jaisoorya seems to have examin­ Only healthy Shri V. G. Deshpande: ed a good many impotent persons persons should take advantage. and possitly he has sufficient experi­ Mr. Chairman: 1 would reauest the ence of Impotency. bon. Member not to cast reflections on anybody. He may kindly speak on Dr. Jaisoorya: Absolutely. the points that he wants to make. Shri S. S. More: My submission is, This is not proper. as a practising lawyer, I have come into contact with many medical Shri S. S. More: My submission is, opinions and they were frank enough •we are not functioning here as per­ to concea'e that as far as impotency sonalities, but as different views in is concerned, they have been im­ the country. When I talk of reaction­ potent to detect impotency. ary elements in the country which are reoresented there, it does not Leave aside clause 24. I^et us go mean that I am casting any asper­ to clause 25. As far as clause 25 is sion. concerned, there is only one point Now, I shall KO into the merits of which could be madJe the subject of the amendment. It says that there a medical* certificate. The clause sayst •should be a medical certificate. For ^*the respondent was at the •what purpose? For the purpose of time of the marriage pregnant clauses 24, j25 and 27. Etoes It lie by some person other than the within the domain of practicability petitioner:'* to produce such a certificate? This is the only ground for which D p. Jaisoorya: Absolutely. a medical certificate can be procured. Shri S. S. More: My hon. friend Shri Sadhan Gupta: How to certify •who has the greatest re«(ard* and en- that it was by some person other thujsiasm for the medical profession than the petitioner? says, absolutely. I have as much regard for the medical profession; Shri S. S. More: Pregnancy can be hut4 I have not that much regard, detected. Whether the pregnancy was l)y experience, for their honesty and caused by A or B or C or D, the loca­ integrity. Before I come to that point, tion of the person and the identity I would say, let us go to clause 24. The oC the person cannot be ^tected. conditions specified in clauses (a), Medical opinix>n. at the most, will say

Shrl V. G. Deshpaade: You must Mr. Chairman: One point. I think divorce yourself from sentiment. even then this clause is necessary. We cannot eliminate it. because it is Shrl S. SL More: I would say, look- five years after the marriage is solem­ ini; to our human sentiments. this nized. So, how can we eliminate will be absolutely unworkable, im­ this clause here? ‘ possible. Pandit Thakur Das Bhargava: If Then, we ko to clause 27. There, a person is suffering from a disease venereal diseases and other diseases at the time the marriage is going to have been mentioned. Supposing; it is be solemnized, certainly he can b^ possible to produce a sort of medical put to a test. If the disease super­ certificate...... venes subsequently, it is not meant Dr. Jiaisoorya: Not a sort, tout a for that. It is only at the time of genuine medical certificate. solemnization.

Shri S. S. More: I accept the quali­ Mr. Chairman: Then, what is the fication, the epithet ‘‘genuine**. meaning of putting in section 27 in Acharya Kripalani (Bhagalpur cum the amendment? That is what I could Pumea): As genuine as in govern­ not understand. ment service. Pandit Thakur Dag bhargava; The Shrl S. S. More: I entirely endorse idea is this. Supposing these provi­ what my friend AchArya Kripalani sions are passed, then if you are so has been saying. 1 do not want to pleased, this amendment may be put cast any aspersions, but as a man after these clauses ire passed, or who has some prilctice in courts, I subject to these clauses being pa.ssed have found oh occasions two h^edical because these clauses we have not opinions come forward conflicting to discussed yet. one another, and the court comes to the conclusion...... Mr. Chairman: That is right. What I am saying is this. How do ycu pro­ Shrl V. G. Deshpande: The same pose by this amendment the necessity thing will happen in the divorce court of including in this clause section also. 27? There is only one clause which Mr. More has pointed! out. It is not Shri S. S. More:...that both the eliminated. The necessity of this opinions are not valid, are given for clause Is not eliminated by your reasons which are not medical rea­ amendment. sons or scientific reasons. Pandit Thakur Das Bhar;niva: I Shri V. G. Destapiindc: What will only submitted the grounds are given happen in divorce courts? in clause 27. If these defects and diseases are to be found Inherent in Shri S. S. More: If you accept this any person at the time of marriage, amendhient, it would be opening the marriage may be averted. That is all very green pasture for medical that I am saying. practitioners who will use their power of giving certificates for the purpose Shri S. S, More: And my further of either squeezing out money or point is, section 27 is not obligatory. putting a spoke in the marriage. Pos­ A man might suffer from so many sibly the guardians who do not de­ diseases which permit a divorce, but sire to have this sort of marriage all the same, the parties might not performed will approach the medical go to the divorce court. If this parti­ officers and use them for the purpose cular amendment is passed, it wiil of sabotaging the marriage. prevent these parties from solemniz­ ing the marriage. Dr. Jaisooryk: Will Mr. More ac­ cept Giovemment laboratories? Shri T. G. Deshpande: Yes. 128? Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1288

Shri S. S. More: A ^?iri or a boy Dr. Rama Rao: Medical. Because who are madly in iove with each there will be quite a crop of medical other might marry even in spite of certiflctes which would be necessary. the knowledge that one ot them Is (Interruptions). 45uflering from leprosy. If this amend­ ment is passed, such marriages will I want to be brief and give the be niledp out, I say that looking to list of certificates that will be neces­ our own Indian conditions, there are sary according to Pandit Thakur Das many persons who suffer from so Bhargava. First, under clause 4 (b) many diseases which were not in you (require a certificate that the existence when the marriage was party is not an idiot or a lunatic. contracted' but which were subse­ Therefore, the girl must go to the quently acquired due to some past lunatic asylum so that the doctor can inheritance. The father was suflez- observe the patient for a number of ing from a particuiar disease, or the days and then only can he certify mother was sufferinig and this inheri­ there is no lunacy or idiocy. ted disease remained underground at Then, under clause 24, you require the time of marriage, and subse- certificate that the person is not •quently got up and asserted' itself. impotent. Of course, Mr. More has In spite of that fact, the couple ccn- suggested—I need not elaborate it. •tinue to remain in that sort of wed­ It isi very difflicult, and in practice lock relationship. it is impossible lo certify, There may be some specialists, some special ap­ Dr, Jaisoorya: Divorce is not obli­ paratus where a person may be able gatory. to say, but in general practice it is absurd and impossible to certify. Shri Y. G. DeshpanAe: Marriage is also not obligatory. Then, you require a certificate that the girl is not pregnant. So, she has Shri S. S. More: It might be so in to go to a lady d'octor for this certi­ the case of Shri Deshpande, but look­ ficate.

ing to the state of our development, [S hri P atask a r in the Chair] it Is obligatory in the case of some. Then, you come to leprosy. When 11 A.M. you go to a leprologist, he will ask you to go in for so many other tests. So, my submissit)n is that not only You have to produce those certifi­ •on the ground that it will be impracti- cates. '^ 1289 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1290

Dr. R a m a R a o : Certainly not. The causing obstruction to the marriages. same doctor cannot certify about all Secondly.... venereal di'seases. I cannot ccrtify about syphilis. My friend Dr. Jai- Pandit Thakur Das Bhargava: May soorya cannot certify unless he sends I put one question to the hon. Mem­ the blood for examination. ber speaking? Why have this law— sections 24, 25 and 27—if you cannot Shrl VelB3rndhasi (Quilon cum Ma- Ireally depend upon any doctor to velikkara—Reserved—Sch. Castes): testify to all these things? What is wrong with that? Dr. Rama Rao: I never said that Dr. Rama Rao. That is exactly they cannot rely upon any doctor. what I am saying. You can rely upon every doctor, and all these doctors, at least half a dozen Shri Nand Lai Sharma: May 1 of them, will make a lot of money know for what you can certify? K>n every marriage. In every marriage,, these certificates are necessary, ac­ Shrl B isw a ft: In a matter where cording to Pandit Thakur Das Bhar- doctors differ, it is not safe to act gava’s amendment for every boy upon medical opinion! and every girl. Dr. Rama Rao: On this there is no Pandit Thakur D«i» Bhargava: Ht difference. About this, that you re­ will come to Rs. 25, at the rate of quire a bunch of medical certificates Rs. 5 per doctor. ifrom specialists for every marriage, there i’s no difference. Dr. Rama Rao: Not Rs. 5. My hon. friend thinks very cheaoly of doctors^ Pandit Thalnir Das Bhargava: Then They charge Rs. 15, Rs. 20 or Bs. 2& there will be no divorce. for every consultation, and there will Dr. Rama Rao: Oun friend Mr. be a dozen consultations for this Gurupadaswamy was askin;? whether purpose. one doctor oould not certify for all the venereal diseases. He rannot. Shrt B . S. Murlihy (Eluru): Rs. 11^ First he will examine and say: “1 do is the minimum. not say anything, but the blood* must be sent to some soecial institution” . Dr. Rama Rao: My second point There is an institution in the South is this. The medical grounds men­ at Guindy. I do not know whether tioned in clause 27 and other clauses there is any institution h e r e . come in only in a very small per­ centage of cases, whereas Pandit Acharya Kripalani; The general Thakur Das Bhargava wants to make practitioner can certify. such certificates obligatory in all cases. Dr. Rama Rao: The general prac­ titioner cannot certify. ThereftDre, I oppose this amend­ Mr. Chairman: Let there be no ment. interruptions please. Dr. N. B. Khare (Gwalior): I want Dr. Rama Rao: The general prac­ to speak, because my profession is^ titioner cannot certify about syphilis, attacked by my hon. friend here. I about gonorrhoea, about pregnancy. rise to oppose the amendm«i\t mov­ About pregnancy. 1 mean she would ed by my hon. friend Pandft Thakur prefer to go to a lady doctor, ancl Iho Das Bhargava, and as a medlral man, lady doctor will not certify about 7 am opposing it. My hon. friend syphilis. She will send her to the Shrl S. S. More has cast mi tain as­ venerealogist and so on. So, though persions ui>on the profession io which it looks very aimple on the face of I belong. I strongly proterv^ against it , it is very dIflRcult and it is only those aspersions. He had said* that 129 1 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1292 doctors will earn money, although the If they lall lor infatuation, let them doctors will earn money still 1 am fall for it. Since their marriage against it is contractual and contraceptive, society will not be harmed The first reason is that all the tests by it. Therefore, I opoose this carried out lor leprosy, syphilis, amendment. My miUn reason tor tuberculosis etc. are never determin­ that is that it is very difilcult to de> able; they are never decisive, and termine specifically whether a person sometimes, the result is negative. j|B suffering £rom syphilis, leprosyi For instance, in the test for syphilis, etc. even by blood test. That ia all namely, Wassermann's reaction or that I wanted to say. Khan's test, the result is sometimes negative on a patient who may be 3||?o VJo : suffering from syphilis. That happens also in the case of leprosy and other |7I^ *11 BTo diseases. It is difficult to determine specifically and definitely that a ^ ^ aif? 5^ patient is suffering from leprosy, by aniWe arak 5; rtifan? way of blood test, because sometimes the blood of a leper shows a nega­ if prat tnrts' c; I prfm? tive result. Therefore, it is fruitless w c; ^ ^ tsnfrart* to have this certificate.

My second reason is this. These Hnfr OTo ^ m r j certificates are very irksome, and ^ I p n f *n«i;>r ?hiT # 1 they will throw very great impedi­ ments in the case of free choice and fir I hi/ it fulfilment of love. These marriages ^ a r ^ f I «n! f performed! under this Act will neces­ sarily be contractual and contracep­ tive. In that case, why should there t 1 anft aminft PiTsft be a certificate? If a man or a wo­ man wants a spouse who is obvious­ # I r r anft f I c*r ^ ly a leper or a tuberculosis patient, ^[Tfrf t ajft iftritn; r»r it is his or her affair. Why should f ^ ^ inni^r other people care for it? I cannot understand it. Besides, when their i f art^ d* I marriage is contraceptive, there will ^ ^ w r y f be hardly a chance of any progeny w ari*? <(i 3tWti or any harm to society as sueh. When these spouses fall for each other only I ^ 4 TT# p r «mr «PT for the sake of infatuation—it may be momentary, transi-ent or it may be lasting for some time— they want to marry in this particular fashion. ^ 7^ jj**, ^ If that is so, why should you throw aif? ^ impediments and cut asunder those two loving hearts?. It is all absurd!. f«F r*r ^ eiM'H" srrf ^ fsnrat Tihey will stew in their own juice fir ?rr? Anfmf 1 ^ they will be very hot, as they say, irff a rt^ r3TR?r ^ and as an Urdu Doet says. I ^ ’iV ’ST ^ vA p? I it ^ ^ ^ * an?? ^ f frgftshr ^ ^ 5PW 5ir w ? it i f I ann f ’T ^ tr ^ t aiW wsn 1293 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1294

anro f*nr]

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?p?n ^ Ti it ^ ^ ^ F*rvwl a W ' ?T7^ ^ ifNtFreif «tt5f a n ^ i d ^ ^ raraTT snff ^ «n?f 1 «r? I i^ricnj i f Hprfr ^nfT^^anfsife r»TT^ W T srt Hin'faq it ^ <1^1/ ^ ^ ^ ^"sVi ^ 1? F*r f ir ^iT? ?r^ f Hxf^ Fnyw} an^fjT^ jbt^ ^ I ^ ^ fsnn4 ^ it'SIM q ?T 3(w I jtiFaij »P 1 2 9 5 Special M arriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1296

annt ^ »rof^ ^ <»i?? sm>? m w ^ I 3PT? vnpff ^ ^HV ?nr fro? art^ *ipft ?i? ^rsr^ a i w W jt ^ frt^rf ^ 1^1! 3 r H ^ t ^nrw j|bn4 ?n ?ra?T^ ^ari‘?«il3n5ft^iiT!r^hpH?n .1 ^ ?rr apRT f 1 ^ ^ r a i f f^~-“f??r aR frr fsrr m h^hi” ?nrsiRm ftn (rsnViim- < riW ) : h b t »5?T d 5nrV^ ^ ^ TIT^ ^ t l?«/?»<) qi'(i «S^l‘ SnRTTTT 5 1 ^ it >n «rt5T ^ I ^ f*r?t3 WP<5 fsPT ^ ^ n s T tr t «r?5^ j f ^T5IT ^ 3rhp?r?n ? i k 3 1 ^ ^ tsran ?W f farsnf fsm? «i? rf^ ^ ParET wr? Pflnm *pt hnriw »nft st ^ PT'it # Pv T«»r?rr ^rr 7^ # ^tet*!' ^ sW ^iht # «fit ^ » i r W , ?rt qra- ?it «i? s W ift sn ff, ^ ^ratvTT P«rp^ wT«f # aift qw TRi ?rtnf >5R^ >iPr»vi W fu r e ^ ^ «r ^ finid Fh 4 *1^ 5TT ^ 3?N> ?W it, *TV H ? I 31RIT f art*! ^ anw *f Mr. Chalmiaii: I just now under­ stand that the Business Advisory ?!■ it ^ ^ f n n iW Committee has decided that all 37 art"? Tf ^iHHiTn ^ h ) frr ?iT3 hours should be devoted for the en­ ^ Pfl^ e1Vfsr*5 ^ ^VTTTT srf? tire consid'eration of this Bill—all «ta|res Including the third reading f I ^tage. Iliea^ore, I would like to bring to the notice of hon. Members «ft (Hl»m^ *TWT) : aiTT that by the end of today when we '^i

[Mr. Chairman] long several of the sub-clauses. There­ the same arguments, we will save fore, we have to take into account very considerable time which could the decision of the Business Advisory be devoted to fund!amental matters Committee which is representative whiKih need our closer, attention—ra­ of all sections of the House and also ther than spend time on all these the fact that within some reasonable remote things. time every legislation has to be pas­ Acharya Kripalanl: I do not propose sed. It is very difficult for the Chair to speak for the sake of speaking,, —whoever may be here—to control nor have I the intention of repeatmg the enthusiasm of persons in a sub­ any arguments that have been given ject which, as I said yesterday, is so by any Member before me. alluring and so easy also; at the same time Members may try to voluntarily Mr. Chairman: 1 did not mean to decide for themselves as to what are address the hon. Member at all. the issues on which they should lay Acharya Kripalani: 1 was also say­ more stress and what are the points ing in a general way. Listening to by putting which in the House they the discussion that has been going know what the result will be, and so on, it has occurred to me that the may noit devote much time merely confusion that exists is primarily speaking for the sake of expressing because the Bill does not define themselves. So I think unless this ‘marriage*. What is marriage? For voluntary method is adopted, the re­ what purpose, or for what purposes^ sult will be that at the end when we is marriage contracted? Is it for sex. come to very important clauses, time or it is for procreation, or is it for will be curtailed and closure motions companionship? and all sorts of things may come and the clauses will have to be put Hon. Member: For all. straight to the vote. Therefore, it is Acharya Kripalani: If you have a much better that from the beginning scientific analysis of marriage, and we keep an eye on the time within define wftiat marriage is—is il for which we have to finish this. From all these purposes, or is il exclusive­ that point of view, I would request ly for the first purpose, exclusively every hon. Member to look at t^is for the second purpose or exclusively question in the light of the decision for the third purpose—I am sure there of the Business Advisory Committee. will be no possHbiility of misunder­ Shri Lokenath Mishra: How long standing, confusion or discussion. I did the Rajya Sabha take to finish submit that in the present day* what­ this Bill? ever may be the case in the past* some marriaiges are performed for Shri Biswas: Thirty-two hours ill sex alone and! there is no question all. of children. In such cases, medical examination becomes necessary be­ Shri Lokenath Mishra: So w e should cause they may contaminate each take 64 hours. other. There are marriages that are Shri S. S. More: We are twice the performed for the procreation of number. children. When the obiect of mar­ riage is procreation of children, there Mr. Chairman: There is no question must be medical examination, whe­ of competition between the Ra]ya ther the marriage is orthodox or Sabha and the Lok Sabha. What time heterodox or whether it i*s under the others have taken should not be the Special Marriage Bill or the Hindu main consideration. Let us try at Code Bill. If it is companionship, as least to curtail as much as we pos­ more progressively marriages are sibly can. For instance, on this becoming companionships, then I see question now before the House, if no necessity whatever for a medical we more or less avoid repetition of certificate. A person may be willing 1299 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1300*

to take a companion who is diseased wnr ^ I acTRT in order to nurse her or him becausp there is affection, because there is < ^ ^ 3IT intellectual affinity, because there ^ TO? ^ shft ^ I is emotional affinity—aJi these things. ^ rr?n f , ^ Therefore, I think the Law Minister has committed a Rreat blunder by 5f5? ?kr ^ f?i) ^ ^77? f smt^nnT- producing before us this Bill with­ Fw ^ iW , «T5 ^Tff t ^ out being scientific, without defining ari^ ^ v. marriage, without saying what aie the objects of marriage at the present time. If this is done, I think much of the confusion will di-sappear. I believe there are many people who ^ ^ ?hft I marryi simply tor companionship, simply for intellectual help to each «nro I arry «rfr other so that they may combine their #■1 labour and produce some creative work. Therein I see absolutely ro ifwT ^ 0 fflrnA : anr tit ^ need for a certificate of any sort, and people must be allowed to d'o so. We <1^ ^ ^RSTTv # snff ► must first define the term ‘marriage’, ^ «n ?n 5Prar it which is such a vague and all-em- bracive term. Unless we define it, we c? ^ I sf' cannot carry on any discussion in any anrf^ arft ?nr »ft' scientific manner. Tw # I aim- As I have listened in this House, 5W ^ 5rfnf ^PTRT a shiT t I find that our talk is desultory and sometimes because it Is desultory, ^ TRT «THI 31T fw iT ' therefore it becomes even frivolous. ^hrr I *rAr ■«ii^4l th " *id vsfvar I submit that the first thing is to •Tifi I afPT ^ fvFT ^ define what marriage is and then carry on the dlscusions to an end. etfW ^ mfwT # ^ ^ are? ^ v w v t A ^ i W fw tr1Vfqn*T 9ivT?r S h r i C . D. Pande (Naini Tal Distt. cum Almora Distt.—South West cum f Fsre hs r? ^ 5ri»r w W i ^ Bareilly Distt.—North); Multi-pur­ I ^ ^ ^ ^ VIT pose. «rr ^ ath «p r !^ = ^ f a?ft «ni> ^ 5TH ?hf

^ ?hr ^ ^ ^ FsRpft ^ 3IT^ I ^ ^ ^ •nfl' 3IHT Fir ^ ^ ^ I «r? ^ bNt nrfW. wffsT^prfw nf

ftnfhr «iT fbmft ^ it I ^ ^ ^ fW I ^ eWft i

^ ^T*rr wf?n ^ «n srf ^ TV f a n ^ ^ ^ ^ ^ ihft ^ f *301 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1302

[yill ^ I ^ ^ also lead to a lot of corruption. Some unscrupulous persons will go to some Jnh^ ^ r«T ^riVfqr*z petty doctor and get a medical certi­ ?rf 3tT f T^' ficate and have the marriage per­ •^ffsTRNnr ^ arsR an^ «Frai ^ formed. I 5HV5T fV?r 3RR r? ir«P One thing more I want to point out ftr«^4rai»ft «n vfvn aift yrnff ?TT I w marriage so lightly because it is not ^ 5TT Jlf*? ?rt 5lf*lf V «i? >rr5^>r ^ Bill—Shri Keshab Chander Sen, had ^ r«T ?f g} W ^ repeatedly said that marriage is a inP«nra- f*rar sr sacrament. In fact, he even went to the extent of saying that marriage "V'f ? ann fJT ^ ST^ ^ «n should not be dissolved. So, I do •*i5Rr i Wtt 13nr r«r f i r Pw5T iriWir*2 not know how this question of con­ m frsR flfTpf f ^ xi;ert *f tract only comes in, and that there is no sanctity attached to it. *ftr*r^r'ft’!r7i^f^ ^ JirfWT With these few words, I strongly *rr^ ^rf?^ i «w ^ 15^ f«5 oppose this amendment. «is!t «FPn snrff «ir? Mr. Chairman: May I ascertain the afft ?r fc r ?t7^ 'rfhr general wish of the House whether at 4fi f, iTVRB ^ T5RT af^^ *1^ ^ I least after fifteen minutes we will be •<1? ?«t?r it aift able to dispose of this amendment? Then only I can exercise some sort •^ihRT Jmf iW I of control; otherwise, I do not know *n!# ^ «n?r a r o JuriW for how long it will go on. There are only two i>oints for consideration, f aift «ijqW ?W ? ^ whether there is any necessity to sr®^ <3 iti *n?r *1^ ^ I make a provision like this and whether they should be asked to pro­ Skrlnuitl Sushama Sen (Bhagalpur duce a me'dical certificate. 4South): Sir, I would like to say just S h r i N. C. Chatterjee (Hqoghly): a few words on this amendment. Kripalaniji’s speech has raised a very Shri B. S. Mmthy: Sir, I caught important point which deserves con­ sideration. We won’t take much your eye. time. Shrimati Sushama Sen: I oppose Mr. Chairman: We shall be very this amendment;-I think It is not at happy to know it. Some say it is :all necessary. We have already put necessary and some say it is unneces­ i n provisions about lunacy and sary. All these things have been said ^venereal disease etc. in the divorce already. They heed not be repeated. t:lause 27. S o , I do not see any neces- irfty for putting In this sort of pro­ Shri Sadhan Gupta: I have some­ vision again. thing to add. Sir. 1303 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1304

• ShrJ B. S. Murthy: May I speak, Sir. this raises very important Sir? questions of pHilciple. Now. I can understand that a marriage with an Mr. Chairman: Yes. impotent person should not be per­ mitted. In fact I have myielf given ShH B. S. Murtby; Mr. Chairman, notice of an amendment to clause 7 I think this amendment is not neces­ enabling objection to be taken on the- sary because we are now dealing with ground of impotency. I think it is- a very important subject, special at that stage that an objection ran marriage. Special marriages ar^ not be taken and that may be ruled out general marriages wherein the as a matter of policy. As regards^ parents on either side try to get their the other diseases like leprosy, children married. Here the consent venereal diseases and other things,, of the girl as well as the boy is quite they may be curable diseases and tbe essential. Before giving theif con­ parties may be willing to take their sent, the boy and girl would have chance out of their attraction towards >iad umpteen occasions to come close each other. Therefore. I would sub­ to each other and to understand each mit that we cannot rule out marriages^ other, study each other's mind and, between parties who are sufferimt: at the same time, to find out whether from one of those diseases. Whaf the one would be suitable to the other. we can provide is for divorce. Of^ After having studied each other, they course, it would be a very bad thing*; would have come to the conclusion if persons who suffer from such dis­ that they should marry each other eases conceal that fact and contract so that they could lead either a life a marriage by concealment of that for sex or for procreation or for com­ fact. Sir. when I was drafting my panionship, as Acharyaji* has said. amendment to clause 7, my first: thought was that I should include In this connecfion. it is quite un­ also as a ground of objection that the necessary to make these people, who party concerned had concealed the naturally would be educated and en­ facts that he or she was suffering lightened. to go first to one doctor, from a disease, categorised under then to another and then to another section 24, 25 or 27. But, on second: and so on to four or five doctors and thought I discovered that It was quit# get certificates before they actually unnecessary; because if anyone was contract the marriage. Moreover, interested ‘enough to take an objections clauses 24, 25 and 27 provide the on that ground, he or she would cer­ n e c e s s a r y safeguard when the marri- tainly advise the parties who were iage has been contracted without pre­ going to undertake the marriage, that", vious knowledge of each other the marriage should not take place as he or she is suffering from leprosy or Under these circumstances, I con­ a venereal disease. Inspite of that sider that this amendment need not advice if the parties choose to con­ be supported. tract that marriage, then there would" be no point in providing that an- Shri Sadhan Gupta: Sir. 1 do not objection would be open on the* raise any further arguments on the ground of concealment. impracticability of getting medical certificates, but, I want to say some­ thing on a matter which has not been The second thing which I wish to- very much touched in the course of emphasise in this connection is the- these arguments. Those are the bad draftsmanship of the amendment principles behind the amendment. itself. Now. Sir, f'have the greatest Pandit Thakur Das Bhargava has respect for the legal acumen of Pandit sought to illegalise marriages solem­ Thakur Das Bhargava; but I find, in« nized in contravention of the grounds this particular instance, he has draft­ mentioned in clauses 24. 25 and 27. ed the amendment in such a way "T305 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill tSOt

[Shri Sadhan Gupta] 4hat, even if I agreed with its princi­ Shri Biswas: How can the Law ple. I would have had to oppose the Minister prevent a change of mind amendment. For example, he says afterwards? that one of the conditions.... S h r i N. C. Chatterjee: Acharya Kripalani says that the Law Minis­ M r . Chmirman: All those argu­ ter has committed a great blunder in ments have been replied to; why not having brought forward this kind of confine yourself to the subject? Bill. How can any Law Minister, in any part of the world, prepare a bill Shri S^han Gupta: 1 think that with regard to the particular object line has not been touched upon. One of the marriage? Can not you have •of the conditions, for example, is that a multi-purpose marriage? Accord­ it should be void under section 24. ing to Hindu conception and our Under section 24 a marriage would traditional system of marriage, il is be void on the ground that a person always multi-purpose. You marry is impotent not only at the time of not merely for dharma but for artha, the marriage, but at the time of the kama or moksha. You marry for self­ institution of the suit. Now, mere fulfilment, for fulfilment of human per­ impotency Is not a ground of voidance sonality, for the welfare of the family under section 24. Therefore, it and for society all combined. would be absurd to suggest that a Pandit K. C. Sliarma (Meerut Distt. -marriage cannot be solemnized on —South): So is the life itself. the ground that the person is im- 'potent not only at the time of solem­ Shri Biswas: It is a multi-purpose nization but at the time of the suit. project. That amendment would be unwork­ S h r i N. C. Chatterjee: The Law able. Similarly, the other conditions Minister knows it better. in the amendment would also be un- 'workable. Shri Gadgil (Poona Central): Ther« are others also. Shri N. C. Chatterjee: Sir, I would S h r i N. C. Chatterjee: Pandit 1)0 very brief. Acharya Kripalani has Thakur Das Bhargava’s amendment. raised a peculiar point of interest. I submit, is neither unreasonable nor He says, marriages should be classi­ absurd. What he says Is: you are fied under two or three heads: physi­ legislating under section 24 that any cal marriage, sexual marriage, marri­ marriage solemnized under this Act age for the purpose’ of procreation; shall be null and void, you declare it and then, intellectual marriage and void ab initio if any of the conditions 'Spiritual marriage—which has nothing prescribed in clauses (a), (b), (c) and " t o do with non-physical marriage. He (d) of section 4 has not been fulfilled says, there must be compulsory cei*ti- If an idiot or a lunatic marries, then flcate taken from the parties in the under this Act that marriage is null case of physical marriage—marriage and void. Now. he says that we "With the object of procreation, which should have the provision of having a you call sexual marriage—but he medical certificate at the initial stage. -objects that there should be any certi­ A lunatic may marry, live for years, ficate taken in the case of marriages procreate children and many difficul­ for the purposes of only companion- ties arise thereafter; then you de­ •ship or spiritual aflflliation. Sir, am clare it null and void. Instead of I to understand that you declare the doing that. have II at the earliest -object o f marriage and you can possi­ possible stage; that Is what he says. bly ask the Law Minister to frame a Not only that; you know In any ’Bill with a view to define the parti- case of divorce of or nullity of mar­ -’cular object of the spouses concern- riage; in any case of declaration that -ed? the marriage was voidable and should 130 7 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1308

b e aeclared void; in any case covered sacramental marriage, but marriage by sections 24, 25 and 26, you declare out of free love and affection. Then it practically on medical evidence. The have it, and have all the necessary best evidence for such cases is medi­ safeguards introduced. When you cal evidence. You should be con­ are allowing medical evidence at a sistent; you should be logical when later stage, it is better to have it you legislate. Now. anybody who has at the earliest possible stage, when any exi>erlence of these cases knows the contract is formed, marriage that the judges are never satisfied solemnized and registered under this simply on the declaration of one A ct party. Generally it is referred to a doctor and the doctor gives his^ evi­ Shri G. H. Deshpande (Nasik--* dence in court and then you declare: Central): Sir, having heard all argu­ "‘Yes, the man is an idiot, lunatk, or ments in favour of the amendment. I that he was impotent at the particular am not convinced that any good pur­ point of time, or suffering from some pose will be served by accepting this venereal disease.” What Pandit amendment. Instead of helping the Thakur Das Bhargava says is that, boys and girls in making a proper when under clauses 25 and 26 a marri­ choice it will lead to many difficulties age can be set aside, declared null in their way. That is why I want to and void, voidable marriage cair be oppose this amendment. completely annulled by a decree of nullity passed by the court, if a per­ son is insane or is suffering from Let us see what happens at present. venereal diseases, why not bring in Let us take the example of the the doctor at the earliest stage in­ ordinary marriages which are per­ stead of at a later stage? You can­ formed and what is the result there. not dispense with the doctor at all For the present the certificate pro­ I am, Sir, mortified at the assertion vision is not there. In no time was made by the eminent doctors, who there such a provision. What is the said: “we, the medical practitioners percentage of marriages in which generally, do not know if there^, is we find that it would have been leprosy or a ven^^real disease” . If you better if this provision of certificate cannot declare that you are unfit to would have been there? For in­ Ije a doctor. I do not quite under­ stance, for the present when marri­ stand what sort of medical practi- ages are entered into, it is the guar­ ti9 ners they are if they cannot find dians who have the discretion of mak­ this out even. Any doctor of any ing the choice. They ascertain competence, of any standing or ex­ whether the boy is good, whether he perience should have no difficulty in is physically fit and whether his doing this. The general hospHals can family is generally of a good nature. do it. My learned friend Dr. This is ascertained by them from Jaisoorya reminded us the other day certain surroundings, from certain re­ that there are countrFeS where th ey lations. and we find that in many insist on medical certificates af the cases there is no reason for repent­ earliest possible stage; at the inception ance. I know there are certain case.s stage itself. I think it is only fair wherein it has been found that the that instead of allowing these people boy had a disease and he ought not to live a married life for some years to have entered into a marriage, but and then to file the petition for declara­ here in many cases you will find that tion of nullity or a decree for divorce distant guardians or relations brought •on these grounds, why not take the about the marriage and perhaps took medical certificate at the eai'liest a bribe because they wanted a parti­ stage. You say you are enlightened cular girl to marry a particular man people; you are civilised people; you who is undesirable to be entered into do not follow the old medieval or marriage, and the responsibility goes feudal practices. You want not with the guardians or the distant 1309 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1310

[Shri G. H. Deshpande] guardians who have played a mischief misbehaves, or becomes unfit for be­ for selfish motives. Otherwise, you ing a partner, then it is absolutely can ascertain it without the necessity necessary; otherwise, I do not think it of having a medical certificate. When is necessary at the time when the boy you say that the girl will be 18 years or the girl wants to enter into a and the boy 21 years—at least that union. There is, therefore, no neces­ will be the minimum age—^they will sity for this certificate at the time have their free choice and will not of the marriage and it will not help be guided even by distant guardians them in making up their choice. I if they try to interfere and bring oppose the amendment. forth certain unions which will not be desirable. Let us credit the boy Sliri B is w a s : Acharya Kripalani and the girl with some sense of res­ found fault with the Law Minister ponsibility and all the education that because the Law Minister did not de­ we are now providing them with will fine the purpose in the Bill. It is th^ not be a waste on them. I have no parties themselves that will have to doubt that whatever experience we define it. have in the present stage in ordinary Shri G a d g il: Defy it! marriages, we will not have that ex­ Shri Biswas: Whether they are perience when boys and girls will going to marry for the purpose of have their own responsibility of progeny or they are going to marry making their choice. Do you mean for the purpose of companionship or to say that a girl of 18 years of age, for any other purpose, it will be for when she has to enter into marriage them to make up their minds as to on her own responsibility, will do so what the object is, but you cannot without properly enquiring into all bind them by requiring them to sign these things? Do you mean to say a declaration at the time of marriage that a doctor's certificate is going to that they are doing it for this parti­ be the only remedy? I do not want cular purpose and that they cannot to run down the doctors as a class in change thereafter. India, but do we not know what these certificates are? You can pro­ Shri N. C. Chatterjee: Acharya duce a doctor^s certificate for any Kripalani says **once a spiritual purpose, as certain pleaders have marriage, always a spiritual marri­ that experience. We find that there age**. are doctors who are always there to Shri Biswas: If we adopt that rule issue certificates for such purposes for all purposes and not merely for and that will not be a safeguard. It the sake of marriage, that would have will only lead to unnecessary diffi­ been very welcome. What we ere culties. tuday, we shall remain the whole of our life. When we find that marriages are not unhappy when there is not even Sbri Raghuramaiah (Tenali): I that provision for divorce and when hope not. once there is a marriage, it is for all Shri B is w a s : Government oppose times a marriage,—and even there this amendment on various jrounds. we find that there is a very small Generally speaking, this is not practi­ percentage wherein people are re­ cable. and you cannot enforce such a quired to repent without the pro­ condition, as I pointed out when we vision for these certificates—where is were dealing with the question of the necessity for having this special certificates in the case of lunacy or ef provision for medical certificates? unsound mind. We have got no* These certificates are there if after machinery here which could perform marriage any of the parties mis­ that duty. As a matter of fact, it is^ behaves. If after marriage, any party no use laying down a rule requiring: 1311 Special Marriage Bill 8 SEPTEMBER )954 Special Marriage Bill 1312

a medical certificate and so on and There is some difference between a then making no provision for obtain­ certificate that the man is free from ing such certificates or placing such such diseases etc., and the man being facilities within easy reach of the actually free from such diseases. people ol the country. We have got That difference has not been taken no machinery here and, therefore, it note of in this amendment. is no use saying that we must insist on the production of medical certi­ If you turn to the clauses, what ficates saying that they are free from are the grounds on which a marriage this or that disease. may be declared void or avoided under these clauses? Those con­ My hon. friend has framed his ditions will have to be fulfilled before amendment in such a way that it the date of marriage. Look at clause means nothing. He does not even 24 first. ‘‘Any marriage solemnized say that he requires the parties to under this Act shall be null and void produce the medical certificates along and may be so declared by a decree with the declaration and he does not of nullity if (i) any of the conditions say that these certificates will b e specified in clauses (a), (b), (c) and conclusive evidence on that point. (d) of section 4 has not been ful­ Shri Jhunjhunwala: You can add filled;”—that does not arise here— It. “or (ii) the respondent was impotent S^rl Biswas: You can improve at the time of the marriage and at upon it, I know. the 4 time of the institution of the suit."' Now, my point is this. Will The other point referred to by the doctor, who is called upon to give 5ome of the speakers is this, namely, a certificate that so and so was that the parties must be free from impotent at the time of the marriage, all those diseases and defects which have to anticipate the future and cer­ render a iharriage void under certain tify that so and so shall be Impotent clauses referred to in the BilL It is also at a future date when a suit will an objective condition. To say that they be instituted for declaring the marri­ must be free from these diseases, and age void. to say that they must be certified that they are free from these diseases, are Coming next to clause 25, let us quite different. Suppose it was found only take those sub-clauses which that they were not free from the refer to diseases or defects. The first diseases, then it will relate back to sub-clause says that *'the marriage the date of marriage and render it has not been consummated owing void—that would be the effect of it if to the wilful refusal of the res­ you impose this condition. The inten­ pondent to consummate the marri­ tion probably is that this will be a age”. I do not know whether you can possible ground on which a marriage relate it to a disease or a defect. One may be declared void later on if it of the parties refuses to consummate was found that at the date of mar­ the marriage. That may be due to riage the person was not free from sexual allergy. The particular party a particular disease. to the marriage may not respond to Pandit Thakur Das Bhargava: All the overtures of the other party be­ this is given in clause 24. cause of sexual allergy. If you take Shri Biswas: As it is. it is very that as a disease, how is the doctor difficult to give effect to such a rule to certify that a particular man will in practice and ensure that the refuse to consummate a marriage parties to the marriage are free with a particular woman? Then he from this or that disease or defect It must make’ the experiment before the is not stated here that he must pro­ marriage; bring the two together duce a certificate stating that he Is and satisfy himself that the two to­ free from all diseases and defects. gether would respond to each ofher’s 1 3 13 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1314;

[Shri Biswas] sexual urges. It is absolutely im- possible to make a discovery. It was practicable. not possible even for the husband to^ muktt the discovery, till thjis accic^nt Take the next clause: “the res­ happened. pondent was at the time of the marri­ Shrl N. C. Cluitterjee; That was a age pregnant by some person other sj^iritual marriage! than the petitioner;*' It may or may not be possible to discover this fact. Sliri Biswas: That itself cannot giv^e That will depend upon the stage at effed to it. which the girl is. at the tune of the marriage. Suppose she had conceiv­ An Hon. Member: L.ouder please. ed only a month before. Then I do Shri Biswas: I am speaking as loud not think it is possible for a doctor to say whether the girl has conceived as I can. There is no other ireference to any possible defect or disease in or not. Therefore, do you expect that any girl will submit to all these respect of clause 25. I now come. things? We are allowing free marri­ clause 27. The first ground is this— adultery. Adultery is not a disease, age. but we are yet trying to Impede the free course of love! If it is an I suppose. Then, the next con­ dition is, desertion. advanced stage of pregnancy, it may be possible to know it. If. on the Pandit Thakur Das Bbargavar other hand, the other party marries What doer the hon. Minister mean in spite of that fact, then why should by saying that adultery is not a you object? This is not a ^defect disease! I think we are all interested which is hereditary, so that if you in seeing that the debate is conducted do not take objection at the very here on a certain level of decorum. first moment possible, it will lead to A reference in this vein is rather deterioration of the breed and so on ridiculing the whole thing. When did and so forth. All these questions I say that adultery was a disease? will not arise. There have been occasions where, if the other party to Shri Biswas: I am now pointing out the marriage accepts the position, the clauses which refer to disease. then the marriage takes place. I re­ member a story. It is a true story. Pandit Thakur Das Bhars^va: I There was a big function at the place never referred to adultery being a of a very big man years ago. A Jjpall disease. dance was going on there on a lavish scale All big officials were invited. Shri Biswas: I am going clause by The wife of that man was having the clause and pointing out that this does ball dance. All of a sudden that lady not refer to disease, this does not —she was dancing with somebody else refer to defects, and so on. The first —slipped: Fortunately, there were clause, sub-clause (a) of clause 27 doctors among the invitees. One of refers to adultery. Therefore. I said them came, examined the lady and adultery has nothing to do with any found—quite bona fide—that she was disease. That is what I was pointing pregnant and said: “Thank God, the out. It is not a question of levity. I baby is safe.^ The husband was know it is a serious legal measure. It there. The moment he heard, “The dught to be treated seriously and not baby is safe.^ he wondered. He rais­ in a spirit of levity. ed a hullabaloo there. Then some­ body else—the father of the girl, I Pandit niakiir Das Bhsrgsva: Is think—came and said: ^'Be magn&tii- this said io seriousnessT mous. Do not make a fuss.** So, iometfanes these discoveries are made Shi^ Biswas: I ws^s iMititing out the mil of a sudden^ It is not alwitys defects of yovit amehtenent. 1315 Special Marriage Bill 8 SEPTEMBER 1854 Special Marriage bill l^ltP

M r. Chairman: Let there be no something more than a doctor mav excitement. be able to certify. Pandit Thaiiur Das BliargaTa: As a ma^lter of fact, I may telJ the There should be no spirit of levity. House that this is a point on which We can also ridicule the hon. Minis­ I had some enquiries made. i want­ ter’s amendments, if we like. ed to find out which of the countries Shn B ia w a il: If you want to ridi­ provided for a medical certificate as cule, by all meims, do so. I will not a pre-condition to marriage. It is take any objection. not haphazard, or without any thought, that no provision for a medi­ 12 N oon cal certificate was made in the Bill. I shall give the information which 1 I know I am the object and subject had collected. In the statement 1 of ridicule on every point, but I am have prepared there is one provisior^ much too tough for these small of the Soviet law. It is really more pinpricks: that does not deter me at practical and possibly more desirable all. 1 was just picking out the from every point of view. All that ir clauses which have reference to dis­ asks for is—that is only a part of it— ease—that is what the amendment that the parties, when they file a speaks of. declaration before a marriage re­ gistrar. must state in the declaration, Sub-clause (a) does not; sub-clause that they had acquainted each other (b) also does not come in that cate­ with the state of his or her gory; sub-clause (c)—undergoing a health...... sentence of imprisonment—also can­ not come within the definition of A n Hon. Member: How is it nossi- disease: sub-clause (d)—^perpetration ble? of cruelty—also does not come within that category. The next sub-clause Shri Biswas: They will say thar (e) refers to unsound mind—that is they are free from these diseases. a disease I quite admit. But when I The declaration will be there; they was dealing with the question of be­ inform each other about the state ing of unsound mind at an earlier of health and one party can inform stage, I pointed out the difficulty in the other only to the extent to which this couiitry of finding out whether a he or she knows or believes. That man is of unsound mind or not We is a sensible requirement. Thtere in have a few lunatic asylums. But how also a provision in the declaratior» many lunatic asylums are there in form that if you make a false de­ the country?—I should like to ask. claration, you run the risk of sufter- Therefore, it is not practicable to cer­ ing some penalty. If my hon. friend* tify that a person is of unsound mind had tabled an amendment of that with any definiteness. kind in order to guard against thes» dangers cropping up later on and Next is venereal disease. So much said: ‘Let there be a declaration b y has been said about venereal disease, each party to the marriage ” that to that I do not think I need add to the best of his knowledge or belief the discussion. Venereal disease, he or she was free from such dis­ s o m e doctors s a y , can be diagnosed eases...*. I could have understood b y blood-test. I should have appre­ that. You can give effect to that. ciated the amendment much better if You will not require to spend lots o f Panditji had only said that they money for the medical certificate a n d must produce a certificate from a t o run fift y milei and more t o toe medical !officer, that the

(Shri Biswas] produce a declaration along with this Bill, not casually because I had their identification papers and a state­ forgotten about it, but because I had ment that none of the legal im applied my mind to this question and pediment? to marriage specified In obtained information regarding vari­ certain sections exist. Those clauses ous countries, and then after all that, deal with other matters. Then it on comparison of conditions in these says “ ....and that they are mutually countries with the conditions which informed as to state of health of one actually exist in our country, I came another, in particular with regard to to the conclusion that it was no use venereal and mental diseases and making a provision which cannot be tuberculosis/* effectively enforced.. (Interruption). Dr. Jaisoorya: Is there any law of Shri N. C. Chatterjeo: Mutually in­ Germany? formed or acquainted? Shri Biswas: So far as Germany Shri Biswas: I am reading the law is concerned. I tried to obtain informa­ it is. In the U.S.A. blood-tests must tion but I could not. There is no book be made before a marriage licence is available in my library where I could \granled. When you grant a marriage get that information. I hunted certain licence, then you are required per­ other libraries also but no book was force to submit to a test of this kind available on that. and the State provides for it in Caro- lina» Michigan, Indiana, Iowa and so D p. Jaisoorya: In 1939 there was a on—in all 24 States. Then there is law. Canada {Interruptions). No licence op ShPi BiswM: That is about venereal certificate or notice of publication may diseases and leprosy. issue unless a declaration is made that to the best of their belief, they The other clauses in this Bill do are not suffering from tuberculosis or not at all refer to diseases or any venereal diseases—much on the lines defect. f>f what I said as regards Soviet Russia. A certificate in the prescribed form is Therefore I venture to submit with produced by both the parties that a confidence that the House will agree specimen of blood had been taken lor with me that you cannot give effect to serological tests within fourteen days this amendment, however much we of the application for the marriage. may be in sympathy with the object That is possible. You say a blood- of the hon. Mover. I oppose the test has been made. That is what amendment. Dr. Jaisoorya pointed out. That is tiossible. But to say that she or he is Mp. ChaiPman: I wiU now put the free from all these diseases—that is amendment to the vote of the House. impossible. I think we have had more than enough discussion on this small matter. Shri U. M. Trivedi (Chittor): On a An hon. Member had approached me point of information, Sir, does the hon. with a request that he is going and Minister now say that he wants to that somebody else might move his agree to this amendment? amendment. But I do not think that Shri Biswas: No. 1 am pointing out is possible under the rules. The ques­ that this amendment cannot be given tion is- practical effect; I am seeking to make In p«ige 3, after line 11, add: out this point and I am pointing it out in seU-defence—although that may **(f) the parties are at the time have no effect on hon. Members. As of marriage free from all diseases a matter of fact, there was no provi- and defects which render marriage A^^n made for medical certificate in void under section 24 or voidable I3 I9 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 132a

under section 25 or furnish grounds for divorce under section 27 and furnish medical certificate of such freedom before the Marriage Offi­ cer at the time of solemnisation of ^ ^ n rfH I anft marriaKe." ^ n'i'en The motion was negatived. «n wkrd ^ mi ?*ii f without their own consent two persons ^ ^ *1^1, go and solemnize a marriage? JTMT fT^n «b1' 51^ I flfiV? ^ Shri S. S. More: Clause 25. sub­ OTpf TrfT i f . 3TT ^ clause (iii) is there. ^ » T ? l^ ^ 5IT ^ Mr. Chainnan: I shall hear him T? ^ TT^nr f?r*n atft f^re' before I decide whether it is to be flpri i l W 5fW^ ?m frrfr TT^r cr? allowed. shfPT yilg'n fa ?htT f«l>TT, ^ fT5PT OTW aniW Vit WTT I 4^ ^ anr «PT IT5PT 3IT » p n ^ ^ ajmwax 5T mr, ^ ^ *ir»f *tT5r «rg f ^ Tg" ?rf !TTT ^ 3»ft frrenr ^ qfrwnr <^>7^ ^ ^3RI w i W ?«B f I *321 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1322

cTM ?nrf] aift sBTHir 5^ nm f^rai? ^ ^ ^!7n ^ 3jFf ^ »n^ 5jRT ^ ^ra^«55r ^nt? ^ * f ^ aPTJ «i>^ ^ it, ^ qi^ ^ f^Ttrr ihft, «ne ?hn, f , anFBq; r^TR^q^ f , n 51^ ^rrtf to different religions >ft

<1^ ift «r#fwr r f f »f W R f, «rfrfBrf?r ^ tr«»T arh ij^rr ^ ^ ^iTTir *n^f H ^ j| ?r5r ^T*r# <57n 1 ^ atw ^ ir a f 5^ ?ip i w * ttr^ <<^TO' JT^ft 1RT ^ ^ 5(?T y it f ^ w ?r*n?r ^ ^ S^TRT ^ ^ *i^i ^5*11 aiJ*? 3j5f s^rft ?f^hrar *}“, aRn ^ 3 t f f app^ HI »h*-h?;n iW ^ ?V, ^ ITT ^sriHir) qra- i f f a ift « t? f ^ ^ arsT? ^ 5^ 1 «T8 * k ^ ^ 'jif, iri! ^ ^ ap^ fnnn*T f s w r 7 W iq ^ 5 ^ it ^ 3 T ^ ^ a R l f«CTn! ^ ^Viit I ^ ^nnr 'srfH, graft «rfrfwfir Mr. Chairman: Amendment moved: ■3jft an^f gnr^ ^ an^ «T In i>age 3, after line 11, add: i i wm ^ atft ^ anpn l*lir^« Wl ajT^ : IX of 1872), to their marriage; and «pmraff5 1 (g) the parties belong to diffe­ a ra w Tm ^ *n » f ST 7^ 5«ft ■ rent religions.” iraJT? ^ o h f T T ^ f ^ r s t am iT Shri Venkataraman (Tanjore): Mr. r*TW arm Jw ^ snr “ When a marriage is intended ari^ yraTRH P^ »RT Wi '557^ ^ to be solemnized under this Act, i T ^ j f t n m r y r t , the parties to the marriage shall give notice thereof in writing in Ill'll «<'») n«il»^'»l ^ 3l*^< Vm4 the form specified...to the Mar­ 'Hl? q ^ H a?f? ^ f a R W riage Officer...” So, clause (f), the first portion of the arrftiPf! r tr ^ g W amendment of my hon. friend is al­ ready covered. How can any persons i f f r s k r ^ t h R T T > f ?n ?«r«TT give notice if they do not consent to # g^tret »ftr3r ^ snff 5it

for it. Therefore, my submission is Pandit Thakor Das Bhargava: May that it is wholly unnecessary. I submit a word, before the objectfoa of Shri Venkataraman is disposed of Then, the second portion of the by you? When amendment No. 179 ol •amendment is, in my humble opinion, Shri V. G. Deshpande was under dis­ barred by the decision which the cussion, it was objected to not only House took on amendment No. 179, on one ground, but on many grounds, moved by my friend Shri V. G. Desh- .pande. by Shri Barman and others. One of the grounds was that this amendment Mr. Chairman: To which clause? did not impori any sense. This waa one of the grounds advanced then. At Shri Nand Lai Sharma; This is that time, I stood up and asked the about conditions of marriage. Chair—I believe Sardar Hukam Singh Shri Venkatarainaii: I refer to was in the Chair at that time—whe­ •amendment No. 179 of the printed list ther my amendment No. 221 to clause .at page 2, top. This was the v e r y 1 would be barred. This amendment question which was discussed at great was of a similar nature, and I wanted length by this House, and a decision to know whether 1 could speak on this was taken. amendment, when clause 1 is taken up. The Chair was pleased to say Mr Chairman: Is it the same which that my amendment would not be reads: barred, because as a matter of fact, as my hon. friend has said. Shri V. G. In page 3, for lines 1 to 11 substi­ Deshpande*s amendment was capable tute— of several Interpretations. One of the grounds was that that amendment did **in force relating to the solem­ not import any sense. I do not knojv nization df marriages, a marriage on what basis the House was pleased between any two persons may be to disagree with that amendment, but solemnized under this Act, if mar­ anyhow, that amendment was throwr riage between them is not permis­ out. At that time, I submitted to tht sible by any custom having the Chair, that if the Chair was of opinion force of law.” that this amendment of mine will not Shri Venkataraman: In support of be allowed subsequently, then I ought this very point, the object of the to be allowed to speak. I wanted to amendment, as Shri V. G. Deshpande speak then, but the Chair said that has claimed, was only to enable such this amemdment of mine, namely, marriages as cannot be performed amendment No. 221 will not be barred under the personal law. He said that by amendment No. 179. this Bill was intended to permit inter*

Mr. Chalrmaii: But supposing this I would like to ascertain: what Shrt amendment is.... Nand Lai Sharma feels about this matter. Shrl N. C. Chattefjee: 1 have ap­ pealed to Shri Nand Lai Sharma, and Shrl Nand Lai Sharma: Is it neces­ he is agreeable to withdrawing his sary that I should withdraw the whole amendment. Therefore, we can dis­ of it? cuss it at the proper place, namely, Mr. Chairman: It is for you to de­ when clause 1 will be taken up. cide, If the Chair has to say anything,, it will appear.., Shri Nand Lai Sharma: I am pre­ pared to withdraw it. Shrt N. C. Chatterjee: He is agree­ able to withdrawing sub-clause (g) of Shri U, M. Trivedl: May I make n his amendment. submission*^ Mr. Chairman: There is no harm if Mr. Chairman: It would be better it is withdrawn. Shri Kand Lai Sharma if the hon. Member gets advice from may take advice with regard to sub­ his friends in resoect of the first part clause (f) also, from those friends of his amendment also. I would like from whom he has taken advice ini to hear the hon. Member before I give regard to sub-clause Cg)» my ruling. Shrl N. C. Chatterjee: He is agree­ able to withdrawing sub-clause (g)r Shri U. M. Trivedl: We have not keeping sub-clause (f). On sub-clauae understood Shri Venkataraman’s ob- (f) of the amendment, you can give lection.... your ruling. That is all that he wants.

Shri N. C. Chatterjee: The hon. Mr. Chairman: He should withdraw iEember Shri Nand Lai Sharma is then the whole of that amendment. withdrawing sub-clause (g) of his Shri Nand Lacl Sharma: Ml right, amendment. I would like to withdraw the amend­ ment. Mr. Chairman: If the hon. Member is prepared to withdraw the whole of Mr. Chairman: Has the hon. Mem­ the amendment. I have no objection. ber leave of the House to withdraw his amendmeat? Shri U. M. Trivedi: But is it legally barred? That is the point. Several Hon. Members: Yes. The amendment was, hy leave, with^ Mr. Chairman: If he does not with­ drawn draw. then I shall ijive my ruling. I may hear you also, in that regard, but Mr. Chairman: I will now put not at this stage. clause 4, as amended, to the vote of the House. The question is: If there is a* desire to discuss it» since it is an important point, I could *'That clause 4, as amended, understand that, and in view of what stand part of the Bill’*. has happened earlier, it may be dis­ cussed. keeping sub-clauses (f) as well The motion was adopted as (g) together. But if the hon. Mem­ Clause 4, as amended, was added to ber withdraws sub-clause (g) only, the Bill but keeps (f), I shall have to decide what I have to say about sub-clause Clause 5.-^ (Notice of intended mar­ riage). (f) However, if the hon. Member is prepared to withdraw the whole of it, Mr. Chairman: There are a number I thirk in course of time, it may of amendments to this clause and there come up. are so many lists that I would like 1327 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1328: those hon. Members who wish to move Shri Krishna Chandra (Mathura^ their amendments to rise in their seats Distt.—West): I beg to move; and move them and I will take A em (i) In page 3, line 14 after “Second as having been moved. Schedule*’ insert “accompanied by an Shri Vetikaiaraman: I beg to move: aflfidavit verifying the correctness of. the information and particulars given, In page 3, lines 10 and 17, fen in the notice” . “fourteen” substitute ‘‘thirty”. (ii) In page 3, for lines 15 to 18^ Shri Nand Lai Sharma: I beg substitute: “to the Marriage Officer move: of the district in which the girl has been permanently residing**. In i>age 3, lines 16 and 17, for “fourteen days” substitute “ninety (iii) In page 3, lines 15 and 16 for days” , “at least one of the parties to the^ marriage'*, substitute “the girl”. Shri M. L. Agrawal (Pllibhit Distt. Mr. Chainnan: Amendments moved: cum Bareilly Distt.—East): I beg to move: In page 3. lines 16 and 17, /o r “fourteen** substitute “thirty**. ^ In page 3,— In page 3, lines 16- and 17, for “fourteen days** substitute “ninetjr (i) line 12, before “When” insert days’*. “ (1)” ; and In page 3.— (ii) after line 18, add: (i) line 12, before “When” insert “ (2) The notice shall be accom­ ‘•(1)*’; and panied by such medical certi­ ficates. documents and affidavits (ii> after liHe 18, add. in proof of the conditions (a) to “ (2) The notice shall be accom­ (d) of section 4 as may be pres­ panied by such medical certi­ cribed” . ficates, documents and affidavits in proof of the conditions (a) to Shri Bhagwat Jha Azad (Purnea cum (d) of section 4 as may be pres­ Santal Parganas): I beg to move: cribed**.

In page 3, lines 16 and 17, for In page 3, lines 16 and 17, for “fourteen days” substitute “six weeks’*. “fourteen days** substitute “six weeks**. Shri Mulchand Dube (Farrukhabad Distt.—North): I beg to move: In page 3, lines 16 to 18, for “has resided for a period of not less than In page 3, lines 16 to 18, for '‘has fourteen days immediately preceding resided for a period of not less than the date on which such notice Is fourteen days immediately preceding given”, substitute: the date on which such notice is given” , substitute: “permanently resides or Intends to settle permanently”. “permanently resides or intends In page 3, lines 16 and 17, for to settle permanently” . “fourteen days** substitute “forty- five days” . Pandit D. N. Tiwary: I beg to move: In pajre 3, line 14 after “Second' Schedule” insert “accompanied by an In page 3, line 16 and 17, for affidavit verifying the correctncs?, o f ‘^fourteen days” substitute “forty- the information and particulars givew flve days” . in the notice” . -13^9 Special Marriage BUI 8 SEPTEMBER 1954 Special Marriaoe Bill 1330

[Mr. Chairman] In page 3, for lines 15 to 18, friends interested in him would also substitute “to the Marriage Officer come to know of it and, if any objec­ of the district in which the girl has tion has got to be raised they may been permanently residing” . be able to raise it. This is a fair compromise between those who want In page 3, lines 15 and 16 for ninety days on the one hand and '‘at least one of the parties to the those who do not want any change on marriage” , substitute “the girl*'. the other. The Rajya Sabha has accepted fourteen days as a reason­ Shri Venkataraman: Mr. Chairman, able period. Sir, clause 5 deals with the period of rlesidence required before a notice Shri Nand Lai Shrama: Mr. Chair­ of the intended marriage may be man, Sir, Shri Venkataraman has advanced his agrtumiebt ai^inst the given. Under the clause, as it stands, lesser period of fourteen days, in view one oi the parties can give notice of the intended marriage if lie has re­ of the runaways that may be new to sided within the jurisdiction of the the locality. It may be just possible Marriage Officer for a period of 14 that persons from North India, right days. That is also the law in the from Amritsar may go to Kumba- konam or Trichinopoly or somewhere present Act of 1872. in the South and reside there for fourteen days. Nobody knows their The amendment which I place be­ names or parentage and then, all of a fore this House is to increase the sudden, they give notice of a period of residence from 14 days to marriage. 30 days, since we do not 'want to pro­ vide opportunities for some nm- away people going to an out of the Over and above this argument, we way place and getting themselves re­ know it clearly that it is a special gistered without adequate notice to marriage and it is going to break all the parties who are really interested principles and ties of society and it is in the marriage. not going to be according to custom. Therefore, we should try to put as much safeguard as possible against The question may be asked, how some possible mistakes. does thirty days, in any way, prevent such a contingency occurring? It is Supposing the parties do not give likely that if a person resides for a out their correct parentage or suppos­ period of thirty days in a place, he ing one of the parties—who may be a would come into contact with a num­ minor below the age of 18—ogives out a ber of people, his presence there would statement that there are no parents also be noticed or felt by the persons and therefore no consent of guardian whom he ought to inform. His rela­ is necessary. In that case, at least tions would come to know the where­ people in the locality will be acquaint­ abouts of the person and, therefore, ed enough if they reside there for a there are less chances of some coup­ period of three months. Ninety days les running away and getting them­ will be necessary for certain appeals selves married, if the period is thirty and other purposes also. Therefore, I days than it is if it were only a submit that ninety days should be period of fourteen days. I am not substituted for fourteen days. suggesting that this is a fool-proof amendment. All that I am saying is that if the period is increased from ifto crjTo fourteen to thirty days, the chances of people coming to know of the re­ sidence of that person in that place would be more and the relatives and 3nr ^ I? hi) I3 3 I Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1332

3T5TT ^0 to iV’T ^ ^ apTSTT ^ <1;?^ M

5ft 4 »o f^sr ?5H3 3hM=5 # I 9Tg s>«»ii ^ 'd^9> fnij c*r f Jh w r*im wm f H ipti ?rf a n ^ »ffW qRT ?HV^ ^ 71 W?IT # sv *f ^ «mi flimi I 3?n^ «rf^ ^ W s r ^Ti^TJi f f^rsnf »55nf^ si^ I wrm c; fW i' 51?^ ^ *1^ rbrnin ^ m f?Pir »TwnT i ^ly? ^re? ^ i ^prrrt^r ^ ^ iVw ^ w$n^ ^ ^mT # air^ ^ f I ?fNr ^ !R! ’fill' jft 5p»- arfj si" <(f«f i eiiirst Tot ^ T| w!n f I aim w o T ?te^ 4 # tsTfwr? w ^ qf^f apRi ^ 5^ Sir HTR" ^ 'ffr ^ art*! STIC f W n I at ! 3 ^ <» ^ aifv $ s> /* I w ^'91 V 7 ^ ^ 'iHTi ^l^ii I ^ it, srft «ii ?hr ^ ^ jft 5 } s ^ q i ^ ^ irf?r aRir«nj’f 5ITO ^ rf!iiW< q r m ? i w it q]*iI *rt? ^*1^1 ?ft*T *T^M tTSi J(il^ si«*^ sittfw 3rt nr>i 7T j/tit fqr^ft ^qPR- qrr f w r f V i R ^ q f %ft ^w r ^ : ^nrnt^r jft, ^ wni'J’r it I flf 4?T H5CTI « ^ a(»IW5 m m f ^?n?T ^^ r?ft inft ^ W»n ^ ^ fx Whr q>T qfr 1^', 1333 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1334

^ ^iT w s f«pr ^ 51-, of I a n n ?r t *k anfcife a r ^ h vitfi ST «f *F*r «r«T | t r t wt ^ sr^i' ^ 5IT 7^ TfH^snfaw iW ^ f» 5nrf sN^ sriW if ^ «n *nff «tT nf^ #, 5i?^ ? T f^ sNf ^ ^ 3IT Tift #, aift «n«r, ^ ^ ^ ^ aift *hr 5T^ ^ Jrf-mq- f qr 5rf anhrtfe ^I'w 3tri^ ?W w t t ># 3 ^ « T^f^fT *n jT k stiff iWt <(iM , ^ f*P ’T? «T5T ^ rtf ^1 <5^1 it,flf>i>^ #3T ST^ SW^ ^ * f H f V f ^ aif? wff ? T ^ «FT ^ 5V ^ *rr ^ *^5W «n*r, w^sr ?rtV ^ ^ n «n s f ^ 5if 1% T3I? ^ T^rm^ ^ f ^xfi ^ tn ^ ^ ?ni^ ^ ^ «n{ 5^?n»»T ^ »ihHT ^ apTiH ^ ^ 5P?f^ ^ atT5n^ ariV ’ailvt it, ^ "d Vlff ’flUn 3TOT? Jilfnft ^ ?5Pi 7I??f ^ I ^ 5!n^ ipfflPT ^ aif? ? n > R ^ 511? ^ i f r ^ , ^ TST^f f s H ^ f r w ^ airar it *iiV jii p r «pV «Hff y<f?[T ^ w r 5ifVJ ^ fapcRT ^ aiR ^^IHT grt ^ #ar^, ^ ^sTRft it ari^ g *^^ ^pfrhrsr *1’ «ti f H ^ f i r P ^ anr sqjsrra^ m r fr^tT w ^ ^ 5tH ^ ^ r i ^ ^ ^ i f jsj^fNra- aiT5rv^ 5 ** a rrH i J ^ Vf'Hi ^ ?ft ^ i^prrar ^ «in, i v ? ^<•11 H^BTV ari^ ?rr? ?mi w ttR t airsnrCT 4 ^ ^ fs" ^w aif? «rfzpn^ fTfT^ W ?nTHi 5T^ airar ?<* «ne ^TTTT « R ^ I ailSMiX ^ ^ 5rr«^ ^ 9bt^ f , W f ^ H efa'^ii ^ ^'4,4^«m< ihft ;t^ T^hI ^ ?«<) ^TTV ^>WT f ^ ^ shft f , ^'=TOr 'wr^nr f , ^ ^ sW? 5T^ ST^ 5^^ # rqfa ni ari^ ?n ^ jpTsiT '^riW art*? anir- »ie ?» T tiMij^r ifw ?1' I jTff

^ ^ 5T «rr si^, ar# *f «i!^«4ii{c! «jt ^ 5T ff 5ft 5IPT m f>renr ^ tot ^ ^pt»iT 1 prtfn f ^ W 5T srrq- I ?r«?f ^ 3T*5?iv ^r5T»n T3TPT ^ ?mr 4^ arrs^ ^Rrfvnrf ?b^ ^ n n ^ *n^ ^ anfq- ^ snsft wfH, «r»r ^ ?5(^ >rrfw?r ^Trar ti atl^ aiRiT 5T^ ^ srpft flnfr'J I HHT *}^ ^Rihnrf ^ I Shri C. R. Chowdary (Narasara- opet): I rise to oppose the amend­ ment of the hon Member Shri R. «ft 9imf (fwrmFp™-rNw--app;h^ Venkataraman, to cluse 5 regarding the extension of time which is now ^ r fW ) : ?r*nears to me, on a casual reading of Schedule II under clause ^ TJ 'eri^ f'irar; 5. that there is a provision for wit­ r ^ f , ^ t ^ nesses to attest the declaration to be made by the parties to the proposed ^TR' «l''H«i ^ marriage. As such, it appears to me f f ^ *trar ? T ^ ajft ^ hicf ^ that this rjesidentilal qualification of 71^ n ff Jyf ^ ^ *rf5(T^ # they may not get acquaintance with 1W-T ?nrr presumption that fourteen days’ time will enable runaways to get solemni­ fsi^HV^r «B7?iT nrfy^. ^ 3r*n P»r^ zation of the marriage which would 3TT it I s'® ’» # ’T have been otherwise objected to by interested parties. I submit that there ?f ?W clsW' ^JHT >1^ ^FT '»iiJ*il is no question of solemnization of fhp ^ ^

[Shri C. R. Chowdary] That will safeguard the interest of which the parties may have an oppor­ the parties as well. An affidavit in tunity of making false declarations support of tbe details asked for in the as to their age, or as to their parents Second Scheciule may be accepted as and such other things should be pre­ valid for the puipose of accepting the vented. I do not see any objection to prbposed marriage and its solemniza­ a marriage being splexpnized at the tion I therefore oppose the extension of place where either of the parties per­ time as unnecessary, and if the House is manently resides. There is absolutely^ desirous of providing an extension, no question of limiting the period to fearing a misuse of the provision, the 14 days or 30 days, or 45 days, or amendment suggested by Shri Krishna ninety days, whatsoever. My sub­ Chandra may be accepted. mission is thut the m rriage should only be solemnized at a place Shri Mulchand Dube: Sir, my where either of the parties perma­ amendment No. 448 reads as follows: nently resides and if any of the parties does not reside permanently at that In page 3. lines 16 to 18, far “ has place, they should have the Intention^ resided for a period of not less than of settling there permanently. With fourteen days immediately preceding these words I commend my amend­ the date on which such notice is given” ment. substitute 1 P.M. “permanently resides or intends to settle permanently/* T? ?T«f! 5t{7t anvFiTgvg to know of it before the marriage is ^ I s ; a n n i M solemnized. Now the period of four­ ^ ?iT5r teen days may be very good in Eng­ land or some other small country like *rrT5 ainr ^ ^ TTtr that. But the* period of fourteen days I ^ f P«»! is utterly insufficient for a large coun­ try like ours. Then, some friends ^ Tnft, ^ i anir have suggested that the period may be fRRT ^ ^ aifr raised to 45 days; some others have suggested 90 days, and so on. ^ ^ ^ ^Ti ^ I ignr ^ My question is: why should ttiere be any such limit? Why should not the marriage be celebrated at the ^ anpft f i place where either of the parties to ^ 5MTT ^ ? the marriage permanently resides. If 3IT ^ ^ ^ r 'f 3 ^ the intention is to prevent run-away marriages from being performed, then ^ ^ arqsft it is absolutely necessary that notice r m 4 (p?}' ^ I should be given only to that officer within whose jurisdiction either of the f i r w WTOT anw it • parties resides permanently, or in­ ar»p ^ J^PT «IT a m ? tends to reside permanently. My submission is that these romantic firw rarf it ^ ^ ^ marriages, or nin-away marriages In ^ ^ ^ «f*TT I iriWr 1339 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 134O '

w rf arh ?ihr ihft ^ ?rt»T not want to take away the right o< di#- cussion of any hon. Member. We have 4 aRp ^ 7? I n? f J w got before us nine amendments out of infr ^ aift which five relate to time in the sense ^ ^ iiJ'irr 5TT T?t f I that an hon. Member wants permanent residence; another hon. Member wants ‘^if ?rt»r anm ?h»Rr # ^ 30 days; another 45 days, another six «fHr ^ tminf #= 4 weeks ahd yet another 90 days. The v w w r ^hiT if, ^ # TTHfn? ww other amendments are simple. H ^ I J^‘ c; ^ Shii Mulchand Dube: My amendment «T’ cftfrnre T W srWT f ^ f I relating to permanent residence... Mr. Chairman: I have taken it al­ Mr. Chainnati; Has the hon. Law ready. The hon. Member is so worri­ Minister to say an3rthing? ed about his amendment but he has. Sbrt Biswas: I have very little to failed to listen to me; I have put it add and I think the compromise suj?- first. Why should we tarry on this gested by Mr. Venkataraman ought to clause for any length of time unless be accepted—that is the period of there is something fresh. I have al­ thirty days instead of the original ready heard the hon. Law Minister. fifteen days, and not any of the al­ I would first like to put them in this ternatives suggested namely, ninety order; T will first of all put amend­ days, sixty days, permanent residence ment No. 448 to the vote of the and so on. I think thirty days will Ire House—^that is, the amendment relat­ all right. ing to permanent residence. The Shri B. C. Das: Fourteen days was question is: in the original Act, and I think this In page 3, lines 16 to 18, for **h&s provision worked satisfactorily all resided for a period of not less ^han these years. fourteen days immediately preceding Shri Biswas: It was so even when the date on which such notice is the minimum age of the girl who was a given” substitute: party to the marriage was 14. “permanently resides or intends An Hon. Member: Fourteen years to settle permanently'*. and fourteen days! The motion was negatived, Shri B. C. Das: Can you suggest any Mr. Chairman: Out of the remain­ basis for the proposed change? Many ing amendments, I propose to put persons were married under the old first amendment No. 66 of Mr. Venka-- Act, and there are no reported abuses taraman. of the provision. If there is no basis, why do you want to change this?...... The question is: (Interruptions.) In page 3, lines 16 and 17, for Shri B. K. Chaodhuri (Gauhati): On “fourteen” substitute “thirty” . a point of information when the parties The motion was adopted are anxious to undergo a marriage under this Act, can their love survive Mr. Chairman: This bars amend­ this period of thirty days? ments Nos. 3, 233, and 345. I will now put amendment No. 297 moved Shri Biswas: You should put that by Shri Krishna Chandra. The ques­ question to those who wish to marry tion is: under this Act...... (IntemLptions.) In page 3. line 14 after “Second^' Mr. Cfaairmao: Order, order. I wiU Schedule” insert: try to analyse the position. If any hon. Member really wishes to advance any “accompanied by an aAdavit fresh argument, I will allow him; I do verifying the correctness of the 3341 Special Marriage Bill 8 SEPTEMBER 1954 Special Marriage Bill 1342

[Mr. ChaiiTTian] Dr. Rama Rao: I beg to move: information and particulars ifiv- In page 3, line 27, add at the end: en in the notice” . “on the day he receives the The motion was negatived. notice”* Mr. Chairman: The question is: Pandit D. N. Tiwary; I beg to move: In page 3, for lines 15 to 18, sub- In page 3, line 27 add at the end: :stitute: “and publish in newspapers ‘to the Marriage Officer ol the (local or provincial)”. district in which the girl has been permanently residing*'. Shri Xand Lai S>harma: I beg to move: The motion was negatived. In page 3, line 27, add at the end: Mr. Chairman: The question is: “ and in a newspaper circulating In page 3, lines 15 and 16, for “at in the district where either party least one of the parties to the mar- permanently resides”. ^ a g e ” substitute “the girl” . Mr. Chairman: I take it that to The motion was negdttived, clause 6 amendments numbers 120, 4 and 348 only are moved. The rest of Mr. Chairman: 1 think only amend­ the amendments are not moved. ment No. 234 now remains. The ques- Amendments moved: 3tion. is: ‘ In page 3, line 27, add at the end: In page 3.— “ on the day he receives the (i) line 12, before “When” insert notice” . “(1)” ; and In page 3, line 27, add at the end: (ii) after line 18, add: “ and publish in newspapers “ (2) The notice shaU be accom­ (local or provincial)” . panied by such medical certi- flcates, doclimetots and affidavits In page 3, line 27 add at the end: in proof of the conditions (a) to “and in a newspaper circulating (d) of section 4 as may be pre­ in the district where either party scribed.” permanently resides” . The motion was negatived, If nobody wants to speak, I would Mr. Chairman: The question is: be too glad and happy to put all the amendments to the vote of the House. “That clause 5, as amended, stand part of the BilL” Shri S, S. More: Put them together. That is the process of expedition. The motion was adopted. Mr. Chairman: I shall put amend­ Clause 5, as amended, was added ments 120, 4 and 348 together to the *40 the BUI vote of the House. C la u s e 6— (Marriaae Notice Book Shri Nand La! Sharma: How can *and publication). It be possible? Mr. Chairman: Hon. Members who Mr. C h a ir m a n : When it was pro­ wteh to move their amendments to posed that they will be put together, -clause 6 may mention the amend- the hon. Member did not stand up. ’ment. I will take them a s moved. I have taken it that he does not want ^ 3 4 3 Special Marriage Bill 6 SEPTEMBER 1954 Special Marriage Bill 1344 to speak. I am going to put all am* Mr. Chairman: The question is: endments to the vote of the House. In page 3, line 27, add at the end: The question is: “and in a newspaper circulating In.page 3, line 27, add at the end: in the district where either party permanently resides”. “on the day he receives the ' The motion was negatived. notice” . % Mr. Chairman: The question is: The motion was negatived. *That clause 6 stand part of the Bill.” Mr. Chairman: The question is: The motion was adopted In page 3, line 27, add at the end: Clause 6 was added to the Bill. “and publish in newspapers Clause 7 was added to the Bill. (local or provincial)” . The Lok Sabha then adjourned till Eleven of the Clock on Friday the The motion was negatived. 10th September, 1954.

i73LSD.