DR. AMBEDKAR AND THE HINDU CODE BILL 1211
to the interpretation that judicial decisions have given on it. On the other hand my feeling is that this law makes such revolutionary changes that the normal course of the manner in which the Hindu law has been interpreted will also undergo unthought of changes and my submission is that with the existence of the provisos, the judiciary may feel that the interpretations and rulings have to be considered afresh and the words ‘custom and usage’ may now have to be dealt with not only, for instance, on the ground that it has been continuous, that the rule is certain and not unreasonable or been opposed to public policy. You will see the difficulty, Sir, in this as you know that ‘public policy’ is a matter which is an ever-changing process.
Mr. Deputy Speaker : Nobody denies that. What is the public policy under particular circumstances is the matter that will be decided. . . .
Shri Syamnandan Sahaya : Not only under particular circumstances but in the changing conditions of Government. One Government may have one public policy and another Government tomorrow may have another public policy.
Dr. Ambedkar : The word ‘public policy’ also occurs in the Law of Contracts.
Mr. Deputy Speaker : Under the Transfer of Property Act, no transfer is valid which is opposed to ‘public policy’.
Shri Syamnandan Sahaya : I also support the amendment of Pandit Thakur Das Bhargava with regard to the word ‘uniform’. The words ‘custom and usage’ in my opinion are liable to lead to difficulties and also further litigation. It is not necessary that a certain rule or usage or custom should have been uniformly followed in a particular family and I shall refer to a Privy Council Case, if the Hon. Law Minister will have no objection. I refer to a very important case which was taken to the Privy Council by the successors of the Moghul Emperors. Now the case was as to who was to be the recipient of the pension paid by the Government of India to the successors of the Moghul Emperors and several people were disputing rights. One said, “I am the successor of the Moghul Emperor” and another said, “I am the successor”. The matter went up to the Privy Council and the point arose as to which of them was circumcized, because one of them was not .......
Dr. Ambedkar : I know that case.
Shri Syamnandan Sahaya : And the Privy Council held in this particular case that although normally the rule and custom of circumcision obtained in the Muslim families, in the case of the Moghul