1222 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Mr. Deputy Speaker : The question is :
For part (i) renumbered as part (ii) of clause, substitute the following :
“(ii) the expressions ‘custom’ and ‘usage’ signify any rule which having been in vogue for a long time, has obtained the force of law among Hindus in any local area, caste, sub-caste, tribe, community, group or family :
Provided that the rule is certain and not unreasonable ; and
Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family.”
The motion was negatived.
Mr. Deputy Speaker : The question is :
“That part (i) renumbered as part (ii) of clause 3, stand part of the Bill.”
The motion was adopted.
Shri Naziruddin Ahmad : I have amendment No 377 to part (ii).
Dr. Ambedkar : I would very much like to make suggestion here because that will shorten the labour. As you will see, some of the definitions given in part (ii) not only apply to marriage and divorce but they also were intended to apply to the other parts of the Code. In view of what has transpired, it would be necessary for me at a subsequent stage to amend this definition and to narrow it down to the provisions relating to marriage and divorce. Therefore, what I was going to suggest to the House is to pass this in a formal manner without attaching any great importance to it, because I shall come back to it when I deal with consequential amendments and then the matter may be dealt with at great length if they want. For the moment I am not very particular about this definition because I see that I will have to amend it.
Mr. Deputy Speaker : Is there any objection to allowing this to stand over this part alone ?
Dr. Ambedkar : I have no objection.
Mr. Deputy Speaker : In view of what has transpired, some consequential amendments have to be made later. So, I will allow this part to stand over.
Shri Santhanam : It will mean the whole clause standing over. But after passing parts (viii) and (ix) the whole clause has to be put.