1102 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
to a certain extent had force in the Punjab ; but it appeared to
him that a section of this kind would import into the Punjab, not
the simple law of the Province but the whole of the complications
of the written Hindu and Muhammadan Laws and the whole of
the voluminous case law comprehended in the decisions of the
Courts all over the country. That he regarded with the gravest
apprehension. He should so regard it, not only because it would
open a wide door for lawyers, but because it was not the law of
the Punjab. Not one out of ten—perhaps not one out of a hundred
persons in the Punjab was governed by the strict provisions of the
Hindu and Muhammadan Law.”
An attempt was made then also to codify but may I say that codification makes the law rigid whereas custom is not rigid ? Codification and legal enactments come from the top whereas customs represent the living conditions and the wisdom of the community. Customary law owes its development and its strength to the fact that it comes from the community down below and grows upwards ; it is not reactionary as enacted law is, which restricts growth. Whereas the enacted law restricts growth, the customary law imbibes the best points and the practicability of the situation.
I will finish by saying that those who believe in the present sort of codification should be alive to the dangers of such a thing, the effect of which is always to hinder the development, independence of judgment and independence of will of the communities, which vary according to the varying needs and the spirit of the people. I say, with all due respect to Dr. Ambedkar’s ability to fashion out clothes, legal clothes—a sort of Amritdhara which will suit every disease from the south to the north—with all due respect to him, I beg to say that the clothes that he is trying to fashion out and tailor will be either too loose for southerners or be too tight for the northerners. It is much better that he should look to my size—look at the size of the society and its needs—and fashion and tailor the clothes accordingly and not give me ready-made clothes, ready-made medicines, a sort of Amritdhara for every disease. I request that no attempt should be made upon me as a Sikh to foist any law which is alien and repugnant to my spirit. I for one will not accept it, will not at any rate respect it because I have not respected the ancient Brahmans and much less shall I respect any modern Brahmans.