1214 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
a late stage, to the Hon. Law Minister that the words ‘or family’ in the, substantive clause may be deleted. Because, to me, it appears ........
Mr. Deputy Speaker : Where is the amendment ?
Shri J. R. Kapoor : ........ that a custom which has been in force only in a particular family should not be given the sanctity of a valid and recognised custom.
Dr. Deshmukh : It has already been given by the Hindu Law.
Shri J. R. Kapoor : We have in the sub-clause the words :
“signifies a rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family.”
Mr. Deputy Speaker : The House is aware of that expression. The hon. Member has tabled a number of amendments, he never thought at any particular stage that these words should be dropped. I do not want ot allow any time to be spent on this matter.
Shri J. R. Kapoor : I am not moving any amendment. I am opposing this particular part of the clause. I do not think I will have any further opportunity to suggest this. As for my not moving an amendment. I may be permitted to confess that having been very much disappointed in finding that none of my amendments are acceptable to the Hon. Law Minister, I thought, rather than moving an amendment formally, I may informally suggest the thing to him so that he may himself move an amendment to that effect. In that case, it would be more easily acceptable to the House. Anyway, I have nothing further to submit on this point.
Shri Shiv Charan Lal (Uttar Pradesh) : I think all the amendments should be negatived and the clause as it is should be accepted. Pandit Thakur Das Bhargava, being a lawyer—I am surprised to see—says that the words ‘opposed to public policy’ should be deleted. That is a very necessary thing . As society advances, the opinion of society carries more weight. Anything that is against that opinion should not be acceptable even though it may be an old custom. Pandit Thakur Das Bhargava also wants that the word ‘uniformly’ should be deleted. By the word ‘uniformly’ he seems to understand uniformly for all the people. It is not so. It may be the custom of one family. By ‘uniformly’, it is meant that it is followed continuously or uniformly and not changed. Therefore, the word ‘uniformly’ is also necessary.
He says that only those customs for which there are judicial pronouncements should be accepted. This is also wrong. There are