"The State shall endeavour to secure for the citizens a
uniform civil code through-out the territory of India" is an
unequivocal mandate under Article 44 of the Constitution of
India which seeks to introduce a uniform personal law - a
decisive step towards national consolidation. Pandit Jawahar
Lal Nehru, while defending the introduction of the Hindu
Code Bill instead of a uniform civil code, in the Parliament
in 1954, said "I do not think that at the present moment the
time is ripe in India for me to try to push it through". It
appears that even 41 years thereafter, the Rulers of the day
are not in a mood to retrieve Article 44 from the cold
storage where it is lying since 1949. The Governments -
which have come and gone - have so far failed to make any
effort towards "unified personal law for all Indians". The
reasons are too obvious to be stated. The utmost that has
been done is to codify the Hindu law in the form of the
Hindu Marriage Act, 1955. The Hindu Succession Act, 1956,
the Hindu Minority and Guardianship Act, 1956 and the Hindu
Adoptions and Maintenance Act, 1956 which have replaced the
traditional Hindu law based on different schools of thought
and scriptural laws into one unified code. When more than
80% of the citizens have already been brought under the
codified personal law there is no justification whatsoever
to keep in abeyance, any more, the introduction of "uniform
civil code" for all citizens in the territory of India.
The questions for our consideration are whether a Hindu
husband, married under Hindu law, by embracing Islam, can
solemnise second marriage? Whether such a marriage without
having the first marriage dissolved under law, would be a
valid marriage qua the first wife who continue to be Hindu?
Whether the apostate husband would be quilty of the offence
under Section 494 of the Indian Penal Code (IPC)?
