1232 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Mr. Deputy Speaker : Amendment moved :
In clause 4, omit the words “or any custom or usage”.
Pandit Thakur Das Bhargava : I beg to move :
For clause 4, substitute the following :
“4. any text, rule or interpretation of Hindu Law or any customary usage in force immediately before the commencement of this Code shall have effect with respect to any of the matters not dealt with the Code.”
This is the positive side of the matter.
Mr. Deputy Speaker : Whatever is not provided in this Code shall have effect.
Dr. Ambedkar : That would be so, when we close with clause 55.
Pandit Thakur Das Bhargava : What I say is that these things will persist as a positive fact and there is not much difference between the two.
Mr. Deputy Speaker : Amendment moved :
“4. Any text, rule or interpretation of Hindu Law or any customary usage in force immediately before the commencement of this Code shall have effect with respect to any of the matters not dealt with in this Code.”
Pandit Thakur Das Bhargava : There is another amendment in my name No. 449. I beg to move :
For clause 4, substitute the following :
“4. any custom or usage in force immediately before the commmencement of this Code shall be binding and shall override all texts, rule or interpretation of the Hindu Law or any provision of any other law and shall have precedence in all matters relating to marriage and divorce.”
This is an antithesis of section 4 and this is only to bring out into ironical relief the place what my Hon. friend Dr. Ambedkar wants to give to ‘custom’ which I personally do not approve.
Mr. Deputy Speaker : I am trying to put down categories so that I may insert all the amendments under a particular group. Amendment No. 128 relates to custom wherever there is no provision of law in this Bill. Then amendment No. 449 says that notwithstanding any provisions in this Bill all the previous custom shall stand.