MOOL CHAND KUCHERIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India filed as a Public Interest Litigation seeks a direction to the Govt. of India, to implement in a time bound manner the suggestion contained in the judgment of the Supreme Court in Sarla Mudgal Vs. Union of India 1995 (3) SCC 635 to secure for the citizens a uniform Civil Code throughout the territory of India and also seeks a direction for constitution of a Committee of religious Gurus / Experts to see the smooth implementation of the said guidelines.

(2.) THE Supreme Court in Sarla Mudgal supra while dealing with the petitions under Article 32 of the Constitution of India concerned with the status of the second marriage of a Hindu husband after conversion to Islam held such second marriage to be a void marriage in terms Section 494 of the IPC. However earlier judgments of the Supreme Court on the need for a uniform civil code throughout the territory of India and the long way it will go in solving the problems were noticed and it was observed that the Government would be well advised to entrust the responsibility to the Law Commission to bring about the comprehensive legislation in keeping with modern day concept of human rights.

(3.) REFERENCE may also be made to Common Cause (A Regd. Society) Vs. Union of India (2008) 5 SCC 511 holding that Courts cannot create rights where none exist nor they can go on making orders which are incapable of enforcement or direct legislation or proclaim that they are playing the role of a law maker, merely for an exhibition of judicial valour.