1270 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
from the battle field may return only to vanquish those who erstwhile were the victors. It must be remembered that the Hinuds have reppelled those who were for a time, and only for a temporary time, able to overcome them. In the last century the Marathas in Maharashtra from where Dr. Ambedkar himself comes, and then the Sikhs in the north were successful in achieving their independence and establishing their kingdoms. But I need not go into past history either ancient or modern. In our own day and before our own eyes, we have seen this accomplished. Have we forgotten that the present Parliament of which Dr. Ambedkar is an illustrious Member is the result of ……….
Dr. Ambedkar: I have no right to be here. I have sneaked in.
Shri Sarwate : I wish he makes no confession of that nature.
This very Parliament is an illustration that the Hindus repelled the foreigners who had dominated over them temporarily. And what was the element or factor which gave this like or this rejuvenating characteristic to the Hindu religion ? In my opinion, it is custom and by custom I mean such custom as is defined and accepted by this House in clause 3—custom, which is a rule that is certain and not unreasonable or opposed to public policy. It is said that custom might be of a bad nature and therefore it requires to be mentioned here. But to say so is contradiction in terms : just as contradictory as today वंध्यासुत For custom is defined here as that which is not opposed to public policy. Therefore, such customs as are opposed to public policy or morality, they will stand, ipso facto repealed. Those customs alone will be saved as would be good customs.
The House will realise that the sources of Hindu law have been described as:
श्रुति स्मृति: सदाचार स्वस्य च प्रियमात्मन: ।
First of all the Srutis and Smritis lay down the fundamental common background. And then सदाचार and स्वस्य प्रियम् provide for variety, that is to say the element which would suit the various regions of the country. It has to be borne in mind that India is a continent in extent and its population is equal almost to the population of the U.S.S.R. in the East and to the U.S.A. in the West put together. So unless there is variety of the law, the law would be absolutely oppressive and it would be difficult to make it suit the various requirements of the different regions.