1220 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
As you know in our parts marriage between a young man and his maternal uncle’s daughter is allowed in many communities. It is a common custom though it is not uniformly or continuously observed.
Mr. Deputy Speaker : You must read the entire chapter. There is a special exception made.
Shri V. J. Gupta : Further, it is said “opposed to public policy”. A practice is called a custom when observed by all the people of a locality. When it is observed by all people uniformly how can it be opposed to public policy ?
Dr. Deshmukh : I want to oppose this.
Mr. Deputy Speaker : You can vote against it.
Babu Ramnarayan Singh : We would like to speak also on it.
Mr. Deputy Speaker : I know Hon. Members have a right to speak but I have looked round and I am satisfied that there has been a sufficient debate. If the Hon. Member wants that the formality of a question being put should be observed, let someone move it and I shall put it to the House.
Shri Santhanam : Sir, the question be now put.
Mr. Deputy Speaker : The question is :
“That the question be now put.”
The motion was adopted.
Babu Ramnarayan Singh : My voice was louder than their voice !
Dr. Ambedkar : In my previous intervention I had explained already both the position of this sub-clause in relation to clause 4 and how the question of custom has been dealt with generally vis-a-vis the Code.
With regard to the exact terms which have been used to define the expression ‘custom’ I am sorry to say that it is not possible for me to accept any of the amendments suggested. This definition, as I have said, has been copied verbatim from judicial decisions of the highest tribunal in our country as well as in all other countries, where custom has been judicially defined. I do not think therefore that any ground has been made out for me to depart from the definition proposed in the sub-clause.
Mr. Deputy Speaker : The question is :
In clause 3, for the words “unless there is anything repugnant in the subject or context“ substitute ”unless the context otherwise requires”.