Hindu Code Bill (Clause by Clause Discussion) - Page 535

1312 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

The amendment was, be leave, withdrawn.

Mr. Deputy Speaker : The amendment No. 129 by Sardar hukam Singh is barred. Now 130.

The question is :

That to clause 4, the following proviso be added :

“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 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 fo morality behind it.”

The motion was negative.

Mr. Deputy Speaker : I shall now put Dr. ambedkar’s amendment No. 6.

The question is :

for clause 4, substitute :

“4. Overriding effect of Code, —Save as otherwise expressly provided in this Code :—

(a) any text, rule or interpretation of Hindu Law or any custom or usage in force immediately before the commencement of this Code shall cease to have effect with respect to any of the matters dealt with in this Code ; and

(b) any other law in force immediately before the commencement of this Code shall cease to have effect, in so far as it is inconsistent with any of the provisions contained in this Code.”

The motion was adopted.

Mr. Deputy Speaker : The question is :

“That clause 4, as amended, stand part of the bill.”

The motion was adopted.

Clause 4, as amended, was added to the Bill.

Mr. Deputy Speaker: The House will now proceed with other legislative business.

Pandit Maitra (West Bengal) : What about the further clauses ?

Mr. Deputy Speaker : The other business is on the order paper. After that is disposed of, this will be taken up.

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