Mr. President; I regret, Sir, that this discussion should have taken a turn which makes it look as if it is almost exclusively a minority problem, and as a result of that, a degree of heat has been imported into it which most of us regret very much indeed. Sir, when this matter was discussed at the committee stage, quite independently from the question of minorities, legal difficulties with which this question bristles were brought home to us by men of the highest authority like Sir Alladi. As far as the minority rights, are concerned, I can only say this, that the way in which clause 13 has been handled by this House is so reassuring and so encouraging to the minorities that we have no reason at all to quarrel or to ask for stronger assurances. That attitude must provoke on the part of the minorities an equally trustful attitude which I hope will inspire future relations and future discussions. I appreciate Mr. Anthony’s stand that this is a question of a wider nature of principle and family authority. I assure you I am speaking from that point of view. This question of conversion of minors may affect not only majorities in relation to minorities but the minorities among themselves,–one Christian group in relation to another Christian group, as Catholics and Protestants, and so on. But among all sections, in regard to the authority of a man over his family, I think certain rights should be assured and must be part of fundamental rights. We have nothing in these fundamental rights that safeguards or encourages or strengthens the family in an explicit way, and indeed I do not think this is necessary at this stage, because that is not a justiciable right. There are certain constitutions where the wish of the State to protect and encourage the family is explicitly declared. I hope in the second part, among these fundamental rights which are not justiciable, some such declaration or approbation of the institution and rights and privileges associated with family We will be introduced. It may perhaps be thought that in our country such a declaration is not necessary because among us the strongest family feeling is universal; we have not merely individual or unitary families but we have also joint families. I believe the discussion on this point has been partly influenced by that background of the joint family system. I am sure that Tandonji, if I may be permitted to refer to him by name, when he was speaking of the minor child of converted parents, was thinking really in terms of the joint family where there are people ready to take over and bring up such children. But we are legislating for all sections of our people, for those also who are not in joint families but in unitary families. We are legislating for them, and, therefore, some provisions must be made which, in the last analysis, will safeguard the authority of the parent, both parents or the surviving parent, in particular, as Mr. Anthony has said in regard to babies in the arms of their mothers. To take them away from the mother or father who are one with them, practically identified physically and juridically with them, is to introduce into our legislation an element which certainly weakens the concept of the authority and sanctity of the family. On this ground, as well as on the legal implications to which attention has been drawn. I mean difficulties in connection with the death, the marriage, the succession rights, of these minors, I oppose Mr.Munshi’s amendment as it, stands. Take the question of marriage. Marriage is permitted before 18 years. Now, Mr.Munshi has carefully explained that his amendment does not prevent the minor children from going with the parents. But it they are to be married, under what law, by the ceremonies of which religion will they be married? If they follow their conscience and the religion they have adopted, whether they be Hindus, Muslims, or Christians, the question of the validity of that marriage will come in. All this is bristling with legal and juridical difficulties, quite apart from those other considerations into which, as I said, I regret we have entered with undue warmth. While I want to support Mr. Anthony’s motion, I am more inclined to support the suggestion of the speaker who immediately preceded me, and ask the House to refer the entire clause back to the Advisory Committee so that the wording of it may be most carefully weighed. It can be brought back to this House just as we have decided, to bring back three or four other controversial matters. That is my suggestion and I would request……
