1208 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Mr. Deputy Speaker : Where a single custom applies to all classes of human beings, then it is only by nature........
Pandit Thakur Das Bhargava : I beg to be excused. When it is said that a custom should apply to all human beings it must be almost a universal rule or law. It applies to a tribe, community, group or family, as has been defined here. If you say “uniformity” this would mean that the custom that applies to any family or caste or community or tribe will all go away. When the word “continuously” is there and when the word “law” is there I do not understand the necessity for the word “uniformity”.
Mr. Deputy Speaker : I understand “uniformity” to mean without variation.
Dr. Ambedkar : That is the point. I was almost going to say that.
Pandit Thakur Das Bhargava : There are different customs between different families. How can they be uniform ?
Mr. Deputy Speaker : The hon. Member has not appreciated the point. We shall assume that there is a custom and it has been continuous, but it has been followed with variations. Suppose somebody is collecting Rs. 10 in a certain period and it was Rs. 15 in the next period and Rs.
20 in a third period, is it suggested that the application should be not only with respect to custom but to laws and grants also ? Suppose it is held by judicial decisions that this was not uniform. Therefore, you cannot presume. Similarly, uniformity means not uniformity with respect to the caste or family etc. but in the family itself it must have been not only continuous but uniform also, that is without variation.
Dr. Ambedkar : That is what it means—without variation.
Pandit Thakur Das Bhargava : As if the changed custom will not be recognized by law, If there is a custom which has gone out of use......
Mr. Deputy Speaker : Wherever there is a change, that change must have been so continuous, so long and so certain,..
Pandit Thakur Das Bhargava : The word “continuous” is there and I do not object to it. I object to the word “uniformity”.
Mr. Deputy Speaker : Has Mr. Naziruddin Ahmad got any substantial amendment ? I do not think so.
Shri Naziruddin Ahmad : I want to speak on ‘custom’.
Mr. Deputy Speaker : First I will deal with those who have got amendments. Does Mr. Jhunjhunwala want to speak on his amendment ? I am not inviting him to do so !