1230 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Capt. A. P. Singh : My difficulty is this. Whenever any such thing comes it is generally said “The word has not been defined”. Therefore, I wanted that “Kula” should be defined now and let us be clear on this point. But if it can be done later I have no objection.
Mr. Deputy Speaker : If in clause 7 this is not going to be accepted, the definition here will become useless. But if on the other hand it is accepted and a definition is found necessary a consequential amendment will be made here. I am not closing the door.
Dr. Ambedkar : Or it can be done by an Explanation as to what is meant by ‘Kula’.
Mr. Deputy Speaker : Clause 3 is not completed, or, as the Hon. the Law Minister said, we can give it as an Explanation.
Capt. A. P. Singh : Then it may be held over.
Mr. Deputy Speaker : Now we shall take up clause 4.
Clause 4 — (Overriding effect of Code ).
Dr. Ambedkar : I beg to move :
For clause 4, substitute :
“4. Overriding effect of Code —Save as otherwise expressly provided in this Code : —
(a) any text, rule or interpretation of Hindu law or any custom or usage in force immediately before the commencement of this Code shall cease to have effect with respect to any of the matters dealt with in this Code ; and
(b) any other law in force immediately before the commencement of this Code shall cease to have effect, in so far as it is inconsistent with any of the provisions contained in this Code.”
The purpose of the amendment is this. As the House will see, we had originally one single clause with no sub-clauses and the provisions of the Code relating to custom and interpretation of law and those relating to other laws passed and in force were put together. It was felt that it was not the desire of this Bill to abrogate all law but only in so far as it is inconsistent with the provisions of the Bill. I therefore, felt that the best course was to split clause 4 into (a) and (b) leaving rule, interpretation and custom to be covered by (a) and any law in force to be dealt with by (b) with the limitation that no law shall be abrogated unless it was inconsistent with this Code. It is not our intention that all laws should be abrogated by this. That is the purpose of this amendment.