DR. AMBEDKAR AND THE HINDU CODE BILL 51
2. Application of Code. —(1) This Code applies—
(a) to all Hindus, that is to say, to all persons professing the Hindu religion in any of its forms or developments, including Virashaivas or Lingayatas and members of the
Brahmo, the Prarthana or the Arya Samaj;
Part I, section 2, page 1.
(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 religion.
(2) This Code also applies to any other person, who is not a Muslim, Christian, Parsi or Jew by religion :
Part I, section 2, page 1.
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.
(4) Notwithstanding anything contained in the Special Marriage Act, 1872 (III of 1872), this Code shall apply to all Hindus whose marriages have been solemnized under the provisions of that Act prior to the commencement of this Code.
(2)
3. Definitions. —In this Code, unless there is anything repugnant in the subject or context,—
Part I, section 6, page 2 and schedule I, page 30.
Part I, secs. 4 and
5, page 2.
(i) 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
Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family;
(ii) the expression “district court” means the principal civil Part I, court of original jurisdiction and except in sections 44 sec. 5(d), and 49, includes the High Court in the exercise of its page 2. ordinary original civil jurisdiction;