DR. AMBEDKAR AND THE HINDU CODE BILL 1233
Shri Santhanam : It is a direct negation of clause 4.
Mr. Deputy Speaker : Amendment moved : For clause 4, substitute the following :
“4. any custom or usage in force immediately before the commencement 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.”
Shri Naziruddin Ahmad : I beg to move :
For clause 4, substitute the following :
“4. All the texts, rules or interpretations of Hindu Law or all customs and usages and all other laws in force immediatley before the commencement of this Act, in so far as they may be inconsistent with this Act, shall, to the extent of the inconsistency, cease to have effect.”
I have another amendment, Sir.
Mr. Deputy Speaker : Is it necessary ?
Shri Naziruddin Ahmad : That is more elaborate. I beg to move :
For clause 4, substitutes the following :
“4. All texts relating to and all rules of interpretation of Hindu Law in the sacred books or in judicial pronouncement or superior courts in India or of the Judicial committee of the Privy Council or in the text books and commentaries of learned writers and authors or otherwise, and all customs and usages in force immediatley before the commencement of this Code, in so far as they are inconsistent with this Code, shall, to the extent of the inconsistency, cease to have effect.”
Mr. Deputy Speaker : This is in another form.
Shri Naziruddin Ahmad : It is in a more elaborate form, containing more elements.
Mr. Deputy Speaker : It is different in substance.
Shri Naziruddin Ahmad : Though in minor details.
Mr. Deputy Speaker : Amendments moved :
For clause 4, substitute the following :
“4. All texts, rules or interpretations of Hindu Law or all customs and usages and all other laws in force immediately before the commencement of this Act, in so far as they may be inconsistent