DR. AMBEDKAR AND THE HINDU CODE BILL 1219
The second thing which I have put is : ‘which has obtained the force of law’. This is a simple thing and if accepted will become a recognised convention.
The third point I have taken is about ‘public policy’ or ‘public morality’. I fail to understand that if conventions find place in the proposed measure, where was the necessity for the word ‘public policy’ ? You might say that only accepted customs will be allowed at a place and not others, then which customs will be against public policy ? What does ‘public policy’ mean ? The word might have dropped from some lawyer or judge and we are now using it, but we should be clear about the meaning of ‘public policy’. I think there is no necessity for any such expression as ‘public policy’ or ‘public morality’. After all where there will be a place in law for conventions, only there the conventions will be followed. So I do not find any necessity for these words.
Now I want to say something about caste and sub-caste. The words are not my own ; they have been used in Articles 15 and 16 of our Constitution. We used the word ‘community’ in Clause 2 yesterday. We have not used the word ‘community’ but the word ‘caste’ in the Constitution. In my opinion the words ‘castes and sub-castes’ will be more proper here in place of the word ‘community’. I do not mean that the word ‘community’ may be dropped as we have included it only yesterday, but there is no harm if these two words are also added.
With these words I move my amendment. There is very little likelihood of its being carried, but the Hon. Minister will please think over it.
Babu Ramnarayan Singh : (English translation of the Hindi speech). Sir, I submit that the decision arrived at by you is very nice and acceptable to all. But sometimes you make decisions in such a haste that it pinches us. Therefore, I entreat you not to decide in haste on the ground that there has been sufficient debate upon the measure. I submit that I also stood up so many times, your eye should have caught me and I should also have been allowed to speak.
Shri V. J. Gupta : I have a doubt to be clarified. In the definition it is said :
“The expressions ‘custom’ and ‘usage’ signify 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.”