1234 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
with this Act, shall, to the extent of the inconsistency, cease to have effect.”
For clause 4, substitute the following :
“4. all texts, rules or interpretations of Hindu Law in the sacred books or in judicial pronouncement of 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.”
Shri Jhunjhunwala : I beg to move :
To clause 4, add the following proviso :
“Provided, however, that this Code shall not override any text, rule or interpretation of Hindu Law, or any custom or usage or any other law in force, immediately prior to the commencement of this Code which has the sanction of Hindu religion or any other religion to the followers of which religion or religions this Code will apply :
Provided further that this Code shall not override such existing text, rule or interpretation of Hindu Law, or any custom or usage or any other law in force which has sanction of morality behind it.”
Sir, then I have another amendment, No. 418.
Mr. Deputy Speaker : Is it a repetition of No. 130?
Shri Jhunjhunwala : This is not a repetition but slightly different. I beg to move :
In the amendment proposed by Dr. Ambedkar, to the proposed clause 4, add the following Proviso :
“Provided that this Code shall not override such existing usage, custom and law as form part of the distinct culture of any section of the people to whom this Code applies.”
Mr. Deputy Speaker : Who is to decide what the distinct culture is ? Whatever may be the substance so far as any Code is concerned, before I put it to the House, there must be some definite thing which is enforceable in a Court of Law.
Shri Jhunjhunwala : That is found in Article 29 of the Constitution that different sections of society have got different culture and that should be conserved.