DR. AMBEDKAR AND THE HINDU CODE BILL 1235
Mr. Deputy Speaker : The hon. Member wants distinct culture to be established in a court of law.
Shri Jhunjhunwala : It is in the Constitution itself.
Mr. Deputy Speaker : There is no definition of culture as there is a definition of custom as it is provided for here. I am not aware if there is any judicial interpretation of what distinct culture is up till now.
Shri Jhunjhunwala : That is already in the Constitution.
Shri Santhanam : It must be in the directive principles.
Dr. Ambedkar : It must be somewhere in the directive principles or it might be in the provisions relating to religion and so on.
Mr. Deputy Speaker : amendments moved :
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 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.
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.”
Shri Sarwate (Madhya Bharat) : I beg to move :
To clause 4, add the following Proviso :
“Provided that the Legislature of a State may, by legislation passed by a majority of the total number of its or their members, provide that any of the provisions of this Act shall not apply to that State, or shall apply to that State with such modifications, as may be included in the legislation.”
Mr. Deputy Speaker : How does it arise in this clause ? Any amendment must be relevant to the clause that is on hand.
Shri Sarwate : Because this would supersede all laws which are inconsistent. As the clause stands at present, it has the effect of superseding all the laws which the State might have passed before.