DR. AMBEDKAR AND THE HINDU CODE BILL 1187
by any system of inheritance in which descent is traced through the female line; but does not include the Aliyasantana law ;
(vii) “Nambudri law” means the law applicable to persons who, if this Code had not been passed, would have been governed by the Madras Nambudri Act, 1932 (Madras Act XXI of 1933), the Cochin Nambudri Act (XVII of 1114), or the Travancore Malayala Brahmin Act of 1106 (Regulation III of 1106);
(vi) in item (viii) as so renumbered, for “any” substitute “a”.
Shri Naziruddin Ahmad (West Bengal) : I think that it would be better to proceed seriatim, sub-clause by sub-clause, and subject by subject. Otherwise, the difficulty would be that the debate would be of too general a nature. In clause 2 the debate was much of a general nature because we did not consider individual items or groups.
Mr. Deputy Speaker : I agree, I shall proceed in the order in which they have been noted in the order Paper.
Dr. Ambedkar : My amendment is so to say in two parts. Item 1 of my amendment is merely a verbal change. It has been pointed out to me that the words that are used in the existing clause “unless mere is anything repugnant in the subject or context” are not in consonance with the language which we have been using since the passing of the Constitution, the Constitution uses the phraseology “unless the context otherwise requires” and in order to bring the language of this Bill in consonance with the language of the Constitution, I am making that particular amendment, it is merely a change of words.
With regard to the other amendments, they are necessary because it has now been proposed that the marriage and divorce law should also apply to persons who are governed by the Marmuakkattayam and Aliyasantana law. As the subsequent sections deal with that aspect; of the matter, it is necessary to enlarge the definition clause so that necessary definitions which relate to that matter may be brought in and the definition clause be made complete.
Mr. Deputy Speaker : amendment moved :
In clause 3,—
(i) for the words “unless there is anything repugnant in the subject or context” substitute “unless the context otherwise requires”;
(ii) renumber the existing items (i), (ii), (iii) and (iv) as items (ii), (iii), (iv) and (v),and insert the following as item (i), namely :
(i) “Aliyasantana law”, means the system of law applicable to persons who, if this Code had not been passed, would have been