DR. AMBEDKAR AND THE HINDU CODE BILL 473
provisions in the Departmental Bill which also was accepted without question by the Select Committee. I may point out that the change was effected by the Departmental Committee and not by the Select Committee. In the Departmental Bill, it is clause 4 which corresponds to clause 4 in the final Bill. The marginal note is “over-riding effect of the code” which is much different but I lay no emphasis on this note as it is not part of the Bill. The Departmental Bill says:
“Save as otherwise expressly provided in this Code any text or rule or interpretation of the Hindu Law or custom or usage or any other law in force immediately prior to the commencement of this Act shall cease to have effect as respects any of the matters dealt with by this Code.”
The verbal changes are not important but you will please consider that several important new matters have been introduced by the Departmental Committee. “Any text, rule or interpretation of Hindu law” and later on “any other law in force immediately prior to the commencement of this Code are absolutely new. Let the House pause for a minute and consider the seriousness of the change. All custom and usage not specifically recognised by the original Bill would be absolutely gone. But the Departmental Bill would include also within its mischief any text, rule or interpretation of Hindu law. This is something which is entirely different from usage and custom. In fact any text of the sacred books, the Vedas and Smritis any rule or interpretation of the Hindu law, that is to say, all ruling of the High Court, the Federal Court and the Privy Council, all authoritative expositions of the original Sanskrit texts or the interpretations by the highest judicial authorities must perish as also any other law in force immediately prior to the commencement of this Code. The sacred texts and the rich case law for over a century and a half would be abolished altogether by a stroke of the pen. “Any text, rule or intepretation of Hindu law” probably includes all things. “Any other law in force immediately prior to the commencement of this code” would probably be included within the passage, but I submit that the Departmental Bill would try to illegalize, if I may be permitted to use the expression, all texts, interpretation of Hindu law or rule not specifically recognised by the Bill, and they will all be gone. I submit this is a substantial change.
Shrimati G. Durgabai (Madras : General): On a point of order, is the honourable Member within his rights to question the competency of your ruling ? When he calls this Bill as the ‘Departmental Bill’ he is making very great insinuation against the members of the Select