DR. AMBEDKAR AND THE HINDU CODE BILL 1305
NOES
Achint Rm, Lala Indra Vidyavachas- Sahaya, Shri Shyam
Bhargava, Pandit M. B. pathi Shri nandan
Bhargava, Pandit Jhunjhunwala, Shri Shah, Prof. K. T.
Thakur Das. Maitra, Pandit Sharma Pandit
Bhatt, Shri Malaviya, Pandit Balkrishna.
Chandrika Ram, Shri Man, Sardar B. S. Shukla, Shri A. C.
Das, Shri Nandkishore Naziruddin Ahmad, Shri Singh, Capt. A. P.
Das, Shri Sarangdhar Oraon, Shri Snatak, Shri N.
Das, Shri S. N. Pannalal Bansilal, Shri Sondhi, Shri
Dholakia, Shri Ramnarayan Singh, Babu Tek Chand, Dr.
Gupta, Shri V. J. Ranbir Singh Ch. Vaidya, Shri V. B.
Hukam Singh, Sardar Raut, Shri Yashwant Rai, Prof.
*Dr. Ambedkar: I have already explained, when I intervened earlier, as to what exactly is the position of custom under clause 4 which is the subject matter of discussion. At that time I explained that so far as clause 4 is concerned, it does not say that no custom shall be recognised. My amendment to clause 4 is “Save as otherwise expressely provided in this Code”, which means that if Parliament agrees to save any particular custom from the operation of any particular clause it is still open to Parliament to do so. Therefore, it is quite wrong on the part of Members of Parliament who have dilated on the question of custom to suggest that this clause is so worded as not to leave any room or place for custom. All that has been said that this Code is trying to abrogate custom altogether is to my mind based upon a complete misunderstanding. As I have already said, it is still open to members of Parliament who are interested in a particular custom to raise that question under the appropriate clause of this Bill when it will be open to discussion and I shall be able to express my opinion whether I am in a position to accept that custom or I am not in a position to accept that custom. Therefore, that position is perfectly safeguarded even if clause 4 is passed in the form in which I have suggested it should be passed.
The only other point to which I wish to make reference is the point made by my friend coming from one of the tribes, Mr. Theble Oragon. It seems to me that he has not read the provisions of clause 2 which this House has already passed. Sub-clause (2) of clause 2 says to what
*P.D., Vol. XV, Part II, 22nd September 1951, pp. 3183-88.