11 வது ஹிந்து ஆன்மிக சேவை கண்காட்சி 2020 இல் சர்வதர்மா
It has been said that in some States polygamy has been prohibited by law while in others it still continues and it is considered necessary to enact the law to remove this anomaly. Apart from the fact that the Hindu Law, by making custom source of law, recognises such anomaly, our present-day laws also permit such anomaly to exist in different parts of the country.
The constitution itself recognises the possibility and even the necessity of having different laws in different States on all the Subjects included in the State List and the concurrent List of its seventh schedule.
I do not consider that it is more anomalous for a man to go free and unhindered in one State and to be liable to be convicted in another State for having two wives at a time than for him to go about equally freely in one State and liable to be convicted in another State for possessing a bottle of liquor.
I have not heard of any proposal to establish uniformity of law and abolish this anomaly by prohibiting the possession of liquor in all States by Central legislation as is sought to be done in the case of polygamy.
Dr. Rajendra Prasad,
Letter to Nehru dated 15/09/1951.
Pilgrimage to freedom,
Excerpts from Dr. Rajendra Prasad’s rebuttal to Nehru’s inclination to force Hindu Code Bills on Hindus…
The Hindu Law, as I understand it, gives the greatest latitude for changes to be introduced. Unlike the personal laws of any other community it recognises custom as one of the primary sources of law and it is well known that in course of time and according to the convenience, growth or progress of the Hindu community the law under the sanction of custom has been radically changed in different regions, sometimes in direct contravention of the texts of the shrutis and the smritis which are supposed or said to be the original sources of law by the Hindus.
We can watch and see almost from day to day how changes are taking place and if one casts even a cursory glance on what the Hindu society was even during our boyhood and compares it with what it is today, one cannot fail to be struck by the tremendous changes that have come about without any legislation and are legalized under the sanction of custom which is ever changing and ever growing.
I, therefore, do not see the necessity for hurried legislation to affect only the Hindu Society and no others although the latter may be enjoying or suffering from the effects of same or similar provisions in the personal law.
Dr. Rajendra Prasad,
In his Letter to Jawaharlal Nehru, 15/09/1951, New Delhi.
Pilgrimage to Freedom – Page 579.