DR. AMBEDKAR AND THE HINDU CODE BILL 1231
Mr. Deputy Speaker : Amendment moved :
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.”
Dr. Deshmukh : I beg to move :
In the amendment proposed by Dr. Ambedkar, in part (a) of the proposed clause 4, omit the words “or any custom or usage”.
Shall I speak on it now or afterwards ?
Mr. Deputy Speaker : I shall first have all the amendments that hon. Members intend moving and then allow the discussion. Amendment moved :
In the amendment proposed by Dr. Ambedkar, in part (a) of the proposed clause 4, omit the words “or any custom or usage”.
Dr. Ambedkar : I do not understand it.
Mr. Deputy Speaker : It is that if there is a custom it shall continue. I take it that the object of the amendment is that notwithstanding any of the provisions of this Code, any custom in force before the commencement of the Code will override what is now sought to be abrogated. Is that so ?
Dr. Deshmukh : Yes.
Mr. Deputy Speaker : We will assume two things. Wherever it is not provided for, the custom will prevail, there is no doubt about it. But wherever there is some provision here, the custom will be abrogated. Custom, where it is inconsistent, will be abrogated by the amendment. The hon. Member wants that custom, not only where it is provided for here but also where it is not provided for, must override the text of law. That is the position. I will ask to reply to this later on.
Sardar Hukam Singh : I beg to move :
In clause 4, omit the words “or any custom or usage”
Mr. Deputy Speaker : It is the same thing.
Sardar Hukam Singh : My suggestion is that custom would continue in spite of this Act.