1210 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
which are prevalent in different varnas should be recognised if they satisfy the conditions laid down by the Hon. the Law Minister. I have therefore put in this amendment only with this object that if any such clauses come subsequently regarding marriage, divorce or any other thing, we may be in a position to show that these customs, though they may not be prevalent in any tribe or community or group of family, are prevalent in differently varnas and these are very essential. These are the reasons for which I want to add the word “ varnas ” there.
Shri B. K. P. Sinha (Bihar) : May I know one thing from the hon. Member ? Is it his contention that while abrogating the smritis and shrutis we should not abrogate custom and usage ?
Mr. Deputy Speaker : Shrutis and smritis have not been abrogated; they have been incorporated.
Shri Jhunjhunwala : He will find that the Law Minister recognizes them.
Shri Syamnandan Sahaya : My amendment, as you will see suggests the omission of the two provisions in the sub-clause or item dealing with the expression ‘custom and usage’. The purpose of suggesting this amendment is exactly what has been mentioned by the Hon. Law Minister. The Hon. Law minister has said that the definition given here is more or less based on judicial findings on the point and judicial decisions have all been that the words ‘customs and usage’ should signify what he has laid down in the definition. The words ‘custom and usage’ must have been and have been the subject of various judicial findings and I therefore thought that if that is the legal or judicial meaning which has been given to the words ‘custom and usage’, it would not be desirable to encumber or burden this definition by making the provisions here, because that is exactly what they will mean. The reason for my making the submission is .......
Mr. Deputy Speaker : I can understand. When there is no definition at all he can rely upon judicial decisions.
Dr. Ambedkar : The court will also be open .......
Mr. Deputy Speaker : Custom is continuous and uniform.
Shri Syamnandan Sahaya : When a certain word is used in a legislation which has been the subject of judicial interpretation, then that word whenever submitted to judicial interpretation will be liable