50 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
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2. Application of Code. —(1) This Code applies—
(a) to all * * * * persons who are Hindus by religion in any of its forms or developments, including Virashaivas or Lingayatas and members of the Brahmo, the Prarthana or the Arya Samaj;
(b) to any person who is a Buddhist, Jaina or Sikh by religion;
(c) (i) to any child, legitimate or illegitimate both of whose parents are Hindus within the meaning of this section.
(ii) to any child, legitimate or illegitimate, one of whose parents is a Hindu within the meaning of this section: provided that such child is brought up as a member of the community, group or family to which such parent belongs or belonged; and
(d) to a convert to the Hindu, Budhist, Jain or Sikh religion,
(2) This Code also applies to any other person, who is not a Muslim, Christian, Parsi or Jew by religion :
Provided that if it is proved that such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Code had not been passed, then, this Code shall not apply to that person in respect of those matters.
(3) The expression “Hindu” in any portion of this Code shall be construed as if it included a person who, though not a Hindu by religion is, nevertheless governed by the provisions of this Code.
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3. Definitions. —In this Code, unless the context otherwise requires,—
(i) “Aliyasantana law” means the system of law applicable to persons who, if this Code had not been passed would have been governed by the Madras Aliyasantana Act, 1949 (Madras Act IX of 1949);
(ii) the expressions “custom” and “usage” signify any rule which having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family:
Provided that the rule is certain and not unreasonable or opposed to public policy; and
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