A triple talaq case in Uttarakhand has ignited controversy as police are under fire for not applying the state's Uniform Civil Code (UCC), raising questions about its effective implementation and enforcement against illegal practices.
Key Points
- Uttarakhand police face criticism for not applying the Uniform Civil Code (UCC) in a recent triple talaq case.
- The case involves allegations of dowry harassment, triple talaq, and forced 'halala' for remarriage.
- Legal experts argue the case should have been registered under Section 32 of the UCC, which criminalises practices like triple talaq and halala.
- Police cite potential issues with the Crime and Criminal Tracking Network and Systems (CCTNS) as a reason for not invoking the UCC.
- The incident raises concerns about the effective implementation of the UCC in Uttarakhand, despite its enactment over a year ago.
Police in Uttarakhand's Haridwar district have registered a case against a man for allegedly giving triple talaq to his wife over dowry in the Buggawala area, but the case has sparked a controversy as it was not filed under the state's Uniform Civil Code (UCC) law.
According to police sources, the Uttarakhand police currently appear unable to enforce the UCC law in some cases due to delays in software updates to the Crime and Criminal Tracking Network and Systems (CCTNS).
Legal experts say the case falls under the category of a cognisable offence and should be registered under Section 32 of the UCC.
Shaheen, a resident of Bandarjud village in the Buggawala area, filed a police complaint against her husband and his family, accusing them of harassing her for dowry, pronouncing triple talaq and pressuring her to undergo 'halala' for remarriage.
In her complaint, Shaheen said she was married to Danish two and a half years ago and that within a few days of the marriage she began facing physical and mental harassment for dowry.
According to the complainant, when the alleged atrocities by her husband and in-laws crossed all limits, she informed her parents. When her parents approached her husband to resolve the matter, he allegedly pronounced triple talaq and threw her out of the house.
The complainant alleged that when a settlement was later discussed, a condition of halala was placed before her for remarriage, after which she approached the police.
Police Investigation and UCC Omission
Haridwar Rural Superintendent of Police Shekhar Chand Suyal said that after receiving Shaheen's complaint on April 4, the police registered a case under Sections 3 and 4 of the Dowry Prohibition Act, Sections 115(2) and 85 of the Bharatiya Nyaya Sanhita, and Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, and began an investigation.
Asked why the case was not registered under the UCC, Suyal said that sometimes cases cannot be registered under the law due to issues with the CCTNS portal.
He added that the investigating officer is probing the matter and UCC provisions will be added if applicable.
Legal Concerns Over UCC Implementation
The UCC was implemented in Uttarakhand in January last year. Legal experts termed the failure to register such a serious case under the law, even after more than a year of its implementation, as concerning.
Lawyer Vasu Garg told PTI that the UCC allows remarriage without any conditions and abolishes practices such as triple talaq and halala.
He said that under Section 32(iii) of the UCC, forcing a woman to comply with any such condition, including halala, before remarriage can attract criminal penalties.
According to him, the punishment under this provision may include a fine, imprisonment, or both, depending on the nature of the violation.
He added that while the state government has been presenting the UCC as a major achievement, the ground reality appears disappointing.
