DR. AMBEDKAR AND THE HINDU CODE BILL 1239
For clause 4, substitute the following :
“4. Any text, rule or interpretation of Hindu Law and any law, custom or usage in force immediatley before the commencement of this Code shall in so far as it is inconsistent cease to have effect with respect to the matters dealt with in the Code.”
Mr. Deputy Speaker : Amendment moved :
“4. Any text, rule or interpretation of Hindu Law and any law, custom or usage in force immediately before the commencement of this Code shall in so far as it is inconsistent cease to have effect with respect to the matters dealt with in the Code.”
Shri Syamnandan Sahaya : I beg to move :
In the amendment proposed by Dr. Ambedkar, in part (a) of the proposed clause 4, after the words “this Code”, where it occurs for the second time, insert the words “in so far as it is inconsistent with any of the provisions contained in this Code”.
Mr. Deputy Speaker : In part (a) ?
Shri Syamnandan Sahaya : Yes.
Mr. Deputy Speaker : The object of the Law Minister seems to be that once a particular matter is dealt with here, you need not go to any other Code. But the suggestion of the amendment seems to be that it is only in cases where the provisions are inconsistent with the provisons of the Code that the code provisions will prevail.
Shri Syamnandan Sahaya : That is exactly my point.
Mr. Deputy Speaker : Amendment moved :
In the amendment proposed by Dr. Ambedkar, in part (a) of the proposed clause 4, after the words “this Code”, where it occurs for the second time insert the words “ in so far as it is inconsistent with any of the provisions contained in this Code”.
And so the following amendments have been moved :
No. 6 of Dr. Ambedkar, No. 450 of Dr. Deshmukh, No. 129 of Sardar Hukam Singh, Nos. 128, 420 and 449 of Pandit Thakur Das Bhargava, Nos. 380 and 419 of Shri Naziruddin Ahmad, Nos. 130 and 418 of Shri Jhunjhunwala and No. 417 of Shri Symnandan Sahaya.
These amendments and the clause are now thrown open for discussion.
Dr. Deshmukh : This is a very important clause and it has assumed greater importance because the provisions of the present law are going