Hindu Code Bill (Clause by Clause Discussion) - Page 417

1194 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Shri Santhanam : I want to get one point clear. Does the hon. Member suggest that if there was a custom one thousand years ago in a particular……….

Pandit Thakur Das Bhargava: I have not yet spoken on my amendment, and my hon. Friend there is already opposing it.

Mr. Deputy Speaker : No, the mover only means that uniformity is a difficult matter for the whole of India. Amendment moved:

In part (i) omit the words “and uniformity”.

Pandit Thakur Das Bhargava : With your permission I shall move my other amdendment also :

In part (i) of clause 3,—

(a) after the words “group or family” occurring in line 4, add the following;

“or any rule which is certain not unreasonable and has been judicially recognised as valid and binding in any local area, tribe, community, group or family” ; and

(b) Omit the first proviso.

If you will allow me, I shall argue out my point in moving these amendments.

Mr. Deputy Speaker: Not now, I shall come back to the hon. Member. Amendment moved :

In part (i) of clause 3,—

(a) after the words “group or family “occurring in line 4, add the following :

“or any rule, which is certain not unreasonable and has been judicially recognised as valid and binding in any local area, tribe, community, group or family”; and

(b) Omit the first proviso.

Shri Jhunjhunwala (Bihar) : I want to move my amendment No. 413 in a slightly modified form, using the word “ varna” for the word “caste” occurring there.

Dr. Ambedkar : It rather confuses me if the word “sub-clause” is used when referring to these parts or items of the clauses. In matters of this sort, we speak of items. They are referred to as item 1 and item 2 and so on. There are no sub-clause to these clauses. They may please be referred to as entries or items.

Mr. Deputy Speaker : There are these clauses and then these sub-clauses and so I........

Shri Santhanam : No, Sir, Sub-clauses are numbered as usual.

Dr. Ambedkar: Whatever word may be adopted, it is better to avoid the word “sub-clause”.