Lily Thomas Case [Lily Thomas vs Union of India] | Important Acts and Laws for Judiciary Exams PDF Download

Lily Thomas Case Overview

Lily Thomas, an Indian lawyer, presented petitions to the Supreme Court and lower courts to advocate for changes in existing laws, leading to significant legal decisions in various areas, particularly family laws and constitutional matters.

Facts of Lily Thomas Case

• In the legal case of Lily Thomas versus the Union of India and others, a landmark judgment was issued based on several articles of the Indian Constitution, including Article 20, Article 21, Article 25, and Article 26.
• The primary issue revolved around the enforcement of a uniform civil code, as stated in Article 44 of the Constitution. However, concerns arose regarding potential infringements on citizens' rights to practice their religion under Article 25.
• Significantly, the Supreme Court ruled that a marriage would be deemed void if a man entered into a second marriage without legally dissolving his existing marriage under the Hindu Marriage Act.
• The court also clarified that converting to Islam does not absolve a man of his responsibilities towards his first marriage. Engaging in a second marriage without dissolving the first can lead to legal repercussions under Sections 494 and 495 of the Indian Penal Code for bigamy.

Implications of the Lily Thomas Case

• The judgment aimed to prevent individuals from exploiting religious conversions to contract multiple marriages without fulfilling legal obligations.
• It underscored the importance of upholding the sanctity of marriage and ensuring legal accountability in cases of multiple marriages.
• Several related petitions, such as Mrs. Shushmita Ghosh versus UOI and Smt. Sarla Mudgal versus UOI, were considered by the Supreme Court to address similar issues of bigamy and religious conversions.
• These legal actions sought to maintain the integrity of marital relationships and prevent individuals from circumventing laws through religious conversions.

Issues Raised

The legal case of Lily Thomas brings up several important questions:

• Should there be a Uniform Civil Code that applies to all citizens?
• Can a Hindu Husband conduct a second marriage by converting to Islam?
• Is the husband legally responsible for bigamy under section 494 of the Indian Penal Code?

Constitutional and Statutory Provisions Discussed by the Honorable Court

• Article 20 of the Indian Constitution, 1950
• Article 21 of the Indian Constitution, 1950
• Article 25 of the Constitution, 1950
• Article 26 of the Constitution, 1950
• Article 44 of the Constitution, 1950
• Section 494 of the Indian Penal Code
• Hindu Marriage Act, 1955 – Section 11 (Void marriages)

Contentions of the Petitioner in the Lily Thomas Case

• The petitioner raised significant concerns regarding the practice of using religious conversion to Islam to engage in polygamy, permissible under Muslim personal law, which was argued to violate women's rights to life and freedom under Article 21 of the Indian Constitution.
• Citing the principle of natural justice from the Maneka Gandhi v. UOI case, the petitioner contended that the respondent's second marriage went against this principle, further infringing upon Article 21 rights and violating fundamental rights.
• The petitioner, together with other Muslim women, advocated for the declaration of polygamy in Muslim personal law as unconstitutional.
• In the case, it was argued that the respondent's conversion to Islam did not align with Muslim laws, as he continued to identify as Hindu in official documents despite his conversion, solely for the purpose of contracting a second marriage with Miss Vanita.
• It was argued that the second marriage was void under Section 11 of the Hindu Marriage Act due to not meeting the conditions specified in Section 5, particularly the requirement of not having living spouses at the time of the second marriage.
• The petitioner urged the honorable judges to punish the offender and issue a suitable order or decree to ensure justice for the aggrieved party.

Contentions of the Respondent

• The respondents in the Lily Thomas Case supported the petitioners' arguments.
• Upon converting to Islam, the respondents claimed they were entitled to have four wives, even if their first wife remained Hindu.
• They argued that as this matter concerns personal laws and the Indian Penal Code, no fundamental rights were violated.
• Conversion to Islam requires sound mind and full consent, which the respondent satisfied by obtaining a conversion certificate.
• Article 25 of the Indian Constitution guarantees freedom of religion, allowing one to convert to another religion.
• Section 11 of the Hindu Marriage Act, 1955, applies only to Hindus, not to someone who has converted to Islam.
• Under Muslim laws, a man can have up to four wives, while Hindu laws prohibit polygamy.
• The Quran permits a Muslim man to marry four wives, justifying the respondent's stance.
• The respondent argued that under Muslim laws, he was permitted to have multiple wives, contrary to Hindu laws.

Judgement in Lily Thomas Case

• Justice S. Sagir Ahmad ruled in the Lily Thomas Case that a Hindu individual who attempts to marry a second time while their first marriage is still valid would render the second marriage void under Section 11 of the Hindu Marriage Act, 1955.
• The court emphasized that the freedom granted by Article 25 of the Indian Constitution must not impinge upon the freedoms of others. Every individual has the right to practice their religion and express their beliefs as long as it does not infringe on the rights of others.
• The term "Islamic" signifies submission to God, and while second marriages are permitted in Muslim law, it is essential to ensure fairness and justice to all parties involved. The sanctity of marriage is paramount, and changing one's religion solely for the purpose of contracting a second marriage goes against religious principles.
• If a Hindu spouse complains against their partner for entering into a second marriage while the first marriage is still valid and subsequently converting to another religion, the offense of bigamy will be addressed under the Hindu Marriage Act, 1955.
• The Supreme Court clarified that the act of contracting a second marriage while the first marriage still exists is governed by Indian Penal Code's Section 494 and does not violate Article 21 of the Constitution, which safeguards personal liberty through established legal procedures.

Conclusion

• In the case of Lily Thomas vs Union of India, Justice S. Sagir Ahmad ruled that if an individual with a living spouse attempts to enter into a second marriage, it would be deemed invalid and void under Section 11 of the Hindu Marriage Act, 1955. The court asserted that the freedom guaranteed under Article 25 of the Indian Constitution should not encroach upon the rights and freedoms of others. It emphasized that religious conversion solely for the purpose of contracting a second marriage is unjustifiable, as the sanctity of marriage is paramount.
• The court clarified that any offense of bigamy would be addressed under the Hindu Marriage Act if a Hindu spouse filed a complaint against her husband who entered into a second marriage while the first marriage was still valid. Ultimately, the court found no violation of fundamental rights under Article 21 and applied relevant legal provisions to declare the second marriage void.