Narasu Appa Mali Case 1951

Narasu Appa Mali Case 1951

Why in the News?

The landmark State of Bombay v. Narasu Appa Mali case, decided in 1951, continues to influence the ongoing debate about whether personal laws can be subjected to constitutional scrutiny. The case is still relevant in current discussions on the Uniform Civil Code (UCC) and gender justice within religious laws.

What is the State of Bombay v. Narasu Appa Mali Case, 1951?

• Background: Narasu Appa Mali, a resident of Maharashtra, was convicted under the Bombay Prevention of Hindu Bigamous Marriages Act, 1946 for marrying a second wife according to customary practice. The Act criminalized bigamy. The court upheld the law, stating it did not violate Article 14, even though it applied exclusively to Hindus, while Muslim men were permitted to practice polygamy.

• Bombay High Court: The court upheld the constitutionality of the law, asserting that personal laws, unless codified, are not subject to constitutional scrutiny. It ruled that personal laws are exempt from review under Article 13 of the Constitution, thereby allowing practices considered regressive to continue without legal challenge.

Influence on Later Cases:

• Triple Talaq Case, 2017: The Supreme Court (SC) struck down the practice of instant triple talaq, ruling that it was codified under the Shariat Act, 1937, and thus could be scrutinized under the Constitution.

• Sabarimala Case, 2018: The SC criticized the Narasu judgment, stating that all laws, including personal laws, must adhere to constitutional principles.

Current Debate:
Legal experts argue that the Narasu ruling should be revisited, particularly with regard to gender justice. The case is frequently cited to justify non-interference in personal laws, which has led to inconsistent rulings on issues like marriage, inheritance, and customs.

Other Cases Related to Judicial Intervention in Personal Laws:

• Shah Bano Case, 1985: The Supreme Court recognized Muslim women’s right to maintenance, highlighting the need for gender justice in personal laws.

• Sarla Mudgal Case, 1995: The Supreme Court advocated for a Uniform Civil Code (UCC) to prevent Hindu men from converting to Islam to practice polygamy.

• Shayara Bano Case, 2017: The SC declared the practice of Triple Talaq unconstitutional, further promoting gender justice.

Drishti Mains Question:

Personal laws should align with constitutional morality rather than religious traditions. Discuss.

UPSC Civil Services Examination, Previous Year Question (PYQ)
Mains
Q. Discuss the possible factors that inhibit India from enacting a uniform civil code for its citizens, as outlined in the Directive Principles of State Policy. (2015)

Tags : UPSC 2025 current affairs preparation, UPSC current affairs January 2025, UPSC 2025 daily current affairs, Best sources for UPSC current affairs 2025, UPSC 2025 current affairs for prelims, UPSC 2025 current affairs for mains, Important current affairs for UPSC 2025, UPSC current affairs strategy 2025, UPSC 2025 current affairs notes, UPSC current affairs PDF 2025, Current affairs for UPSC 2025 preparation, UPSC 2025 current affairs online classes, UPSC current affairs quiz 2025, How to study current affairs for UPSC 2025, UPSC 2025 current affairs magazines, Current affairs for UPSC 2025 prelims and mains, Current affairs updates for UPSC 2025, UPSC 2025 current affairs analysis, Current affairs for UPSC 2025 PDF download, UPSC 2025 current affairs important topics, UPSC reading comprehension tips, UPSC reading comprehension practice papers,  UPSC reading comprehension strategy, UPSC reading comprehension questions,  UPSC reading comprehension exercises,  How to improve reading comprehension for UPSC, UPSC reading comprehension question papers PDF,  Important reading comprehension topics for UPSC, UPSC reading comprehension passage solutions, UPSC reading comprehension best books, UPSC GS reading comprehension examples, UPSC Prelims reading comprehension preparation,