Uttarakhand Police have filed the country's first chargesheet under the Uniform Civil Code (UCC) in a case involving alleged 'triple talaq' and 'halala'. The chargesheet, submitted in a Haridwar court, names nine individuals accused of dowry harassment, marital torture, and illegal divorce.
A triple talaq case in Uttarakhand's Haridwar district has sparked controversy as police did not initially file it under the state's Uniform Civil Code (UCC) due to reported technical issues, raising concerns about the UCC's enforcement.
A triple talaq case in Uttarakhand's Haridwar district has sparked controversy after police did not register it under the state's Uniform Civil Code (UCC). Legal experts are questioning the failure to enforce the UCC, which prohibits practices like triple talaq and halala, citing potential issues with the Crime and Criminal Tracking Network and Systems (CCTNS).
'Every issue that Muslims are facing today affects Muslim women. But how come women's issues don't affect the community?' 'How does the community benefit by the practice of halala or polygamy?'
The Assam assembly on Thursday passed a bill to ban polygamy, making it an offence which may lead to a maximum of 10 years of imprisonment, barring some exceptions.
The Supreme Court said on Thursday that it will set up a fresh five-judge Constitution bench at an "appropriate stage" to hear pleas challenging the constitutional validity of polygamy and 'nikah halala' among Muslims.
The Supreme Court on Tuesday sought the response of the National Human Rights Commission (NHRC), National Commission for Women (NCW) and the National Commission for Minorities (NCM) to pleas challenging the constitutional validity of polygamy and 'nikah halala' among Muslims.
The Supreme Court said on Thursday it will set up a fresh five-judge Constitution bench to hear the pleas challenging the constitutional validity of polygamy and 'nikah halala' among Muslims.
The Supreme Court on Friday said that it will set up a five-judge Constitution bench to hear pleas challenging the constitutional validity of polygamy and 'nikaah halala' practice among Muslims.
A 34-year-old man threw acid on his ex-wife when she refused to do 'Halala' with his elder brother, prompting authorities to arrest him, police said on Wednesday.
The application has been filed to oppose a batch of petitions on which the apex court had in 2018 issued notices to the Centre and other stakeholders while referring the matter to a 5-judge Constitution bench.
The government had said on Friday that it would oppose the practice of nikah halala when the top court examines its legal validity.
Prasad also attacked the previous United Progressive Alliance government for letting the women's reservation bill, introduced by it, lapse.
Uttarakhand has become the first state in India to implement the Uniform Civil Code (UCC), fulfilling a key promise made by the ruling BJP ahead of the 2022 Assembly elections. Chief Minister Pushkar Singh Dhami unveiled the UCC notification and launched a portal for mandatory online registration of marriages, divorces, and live-in relationships. The UCC aims to create equal laws for all citizens regardless of their religion, marking a historic moment in the state's legal landscape.
Uttarakhand will become the first state in independent India to implement the Uniform Civil Code (UCC) on January 27. The UCC will bring about uniformity in the society and ensure equal rights and responsibilities for all citizens. The law was passed by the state assembly in February 2024 and received presidential assent a month later. The UCC will govern and regulate laws relating to marriage and divorce, succession, live-in relationships and related matters. It sets equal marriageable age for men and women, grounds of divorce and procedures across all religions, and bans polygamy and 'halala'.
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The Uniform Civil Code bill was passed by the state assembly and also received the presidential assent recently after which it has become a law.
The Uttarakhand assembly on Wednesday passed the Uniform Civil Code Bill, which may serve as a template for other Bharatiya Janata Party-run states to enact similar legislation.
'UCC should be across India and legally applicable to every Indian citizen.'
Sources said the panel has also recommended that boys and girls will have equal inheritance rights, registration of marriages will be made mandatory and the marriageable age for girls would be increased so that they can become graduates before marriage.
Rohatgi's submission came when the court asked him what are the remedies for a Muslim man to come out of a marriage if such practices are struck down.
The top court issued notices to Union ministries of law and justice and minority affairs as well as the National Commission of Women after taking note of the plea of Delhi-based woman Nafisa Khan challenging the practice of polygamy and 'nikah halala', and said that the matter will be taken up a five-judge Constitution bench.
The Supreme Court on Thursday fixed May 11 for commencement of hearing on pleas challenging the validity of triple talaq, 'nikah halala' and polygamy practices among Muslims.
The apex court had on March 30 observed that practices of 'triple talaq', 'nikah halala' and polygamy among Muslims were important issues involving "sentiments" and a Constitution bench would hear the pleas challenging these from May 11.
A five-judge constitution bench would commence hearing from May 11.
The SC said 'the issues are very important. These issues cannot be scuttled'.
A five-judge Constitution bench headed by Chief Justice J Khehar will commence hearing on seven petitions
A bench headed by Chief Justice J S Khehar perused the four questions framed by the Centre and said they were "constitutional" ones which need to be dealt with by a five-judge bench.
'Due to lack of understanding or patriarchal misinterpretation, a common notion was generated that if you are a Muslim man you can marry four times.'
"We are not interested with facts at all. We are only interested in dealing with the legal issue," the bench said.
'The BJP may no longer be in power after 2024, that doesn't mean we'll stop this campaign against polygamy.'
The Supreme Court on Monday asked the centre to file before it the report of a committee which was constituted earlier to look into the aspects of personal laws relating to marriage, divorce and custody prevalent in various religious minorities, including Muslims.
Directing officials to prepare a plan for taking views of Muslim women, the CM asked minister of the department and all women ministers in his cabinet 'to talk to women organisations'.
A five-judge bench headed by Chief Justice J S Khehar said it would look into the aspect whether triple talaq is part of an "enforceable" fundamental right to practice religion by Muslims.
The Ministry of Law and Justice, in its affidavit, referred to constitutional principles like gender equality, secularism, international covenants, religious practices and marital law prevalent in various Islamic countries to drive home the point that the practice of triple talaq and polygamy needed to be adjudicated upon afresh by the apex court.
Vice President Hamid Ansari's wife Salma Ansari has said that uttering 'talaq' thrice does not amount to divorce and asked Muslim women to read the Quran thoroughly instead of relying on clerics.
The Union law ministry will file a consolidated reply on the issue in the apex court by the end of this month.
The events that led to the landmark SC judgment.
A Muslim woman, who was divorced by her husband through a phone call from Dubai, has challenged the Muslim practices of polygamy, triple talaq (talaq-e-bidat) and nikah halala, leading the Supreme Court to seek response from the Centre on her plea on Friday.
'People, who were killed, didn't even know why they were being killed.' 'Because a couple of Sikhs assassinated Indira Gandhi, the whole community had to pay for it.'
