Vol. 14, Part II · pages 531–535

1311 DR. AMBEDKAR AND THE HINDU CODE BILL The motion was negatived. Mr. Deputy Speaker : The question is: That in the amendment proposed by the Hon. Dr. Ambedkar, in part (a) of the proposed clause 4, after the words ‘this Code”, where they occur for the second time, the words “in so far as it is inconsistent with any of the provisions contained in this code” be inserted. The motion was negatived. Mr. Deputy Speaker : We pass on to the next amendment now. The question is : That in the amendment proposed by the Hon. Dr. Ambedkar, to the proposed clause 4, the following proviso be added : “Provided that this Code shall not override such existing usage, custom and law as form part of the distinct culture of any section of the people to whom this Code applies.” The motion was negatived. Mr. Deputy Speaker : The next amendment is 380. The question is : That for clause 4, the following be substituted : “4. All texts, rules or interpretations of Hindu Law or all customs and usages and all other law in force immediately before the commencement of this Act, in so far as they may be inconsistent with this Act, shall, to the extent of the inconsistency, cease to have effect.” The motion was negatived. Mr. Deputy Speaker : The question is: That for clause 4, the following be substituted : “4. All texts relating to, and all rules of interpretation of Hindu Law in the sacred books or in judicial pronouncement of superior courts in India or of the Judicial Committee of the Privy Council or in the text books and commentaries of learned writers and authors or otherwise, and all customs and usages in force immediately before the commencement of this Code, in so far as they are inconsistent with this code, shall, to the extent of the inconsistency, cease to have effect.” The motion was negatived. Mr. Deputy Speaker: The next one is 420. Pandit Thakur Das Bhargava : I beg to, withdraw it.

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 BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES The amendment was, be leave, withdrawn.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. ll

Annexure I Statement BY Dr. B. R. ambeDkar iN ParliameNt iN exPlaNatioN of HiS reSigNatioN from tHe CabiNet New Delhi, 10th October 1951 (Reprinted from a copy issued to the Press by Dr. Ambedkar found in Ambedkar papers received from the Bombay High Court by the Government of Maharashtra. Dr. Ambedkar was not allowed to present his statement in the Lok Sabha by the Speaker. He, therefore, quit the House and distributed the copies of statement to the members of Parliament and the Press— Ed.)