DR. AMBEDKAR AND THE HINDU CODE BILL 1241
Shri J. R. Kapoor : Unless specially saved.
Dr. Deshmukh : I fully agree with the amendment notice of which has been given by my friend Mr. Sahaya. Since you put these words here, so long as you legislate on the subject of marriage and divorce, as far as I can understand, it would not be possible to recognise any custom or usage.
Dr. Ambedkar : We are saving some things.
Dr. Dsehmukh : Not unless the saving is put down.
Dr. Ambedkar : The clause begins with the words “Save as otherwise expressly provided”.
Dr. Deshmukh : So far as my view of the matter is concerned, as regards marriage and divorce, custom should have the play. We have the instance of the Punjab, which is being governed more by custom than by specific legal provisions.
Dr. Ambedkar : We want to raise the people of the Punjab to our standard.
Dr. Deshmukh : From that point of view I have tabled an amendment to omit the words “any custom or usage” so that any custom or usage which does not contravene or which answers the requirements of clause 3 should prevail and continue. If this is not done, I am afraid, any other provisions in the subsequent clauses will not help us. According to my understanding, if part (a) of clause 4 is adopted as it is, even where it is the wish of the House that custom and usage should be recognised side by side with the provisions of the law, it will not be possible to clothe them with that recognition. Therefore it would be best to omit the words “any custom or usage”. Some of my friends have gone to the extent of saying that it should override the provisions of the law everywhere, as has been suggested by Pandit Bhargava. That would probably be something which is absolutely contrary to clause 4. It would be tantamount not only to the omission of the clause but would be putting it in the opposite direction.
Shri J. R. Kapoor : It would be a negation of the Code itself.
Dr. Deshmukh : I agree that it would be a nagation of the Code. My submission is that there would be ample room for the continuance of any recognised customs and usages so long as we do not bar them by this enactment. I do not think it would be correct to leave the sub-clause (a) as it is. The original clause was to the effect that any custom or usage or any other law in force immediately before the