Uttarakhand fails to implement UCC, need to repeal of UCC: MFI

Haridwar : A recent triple talaq case in Uttarakhand has exposed challenges in the enforcement of the state's Uniform Civil Code (UCC), as technical issues reportedly prevented police from initially registering the case under the UCC law.

Uttarakhand police registered a case of triple talaq and dowry harassment but initially failed to invoke the state's Uniform Civil Code (UCC).

Technical issues with the Crime and Criminal Tracking Network and Systems (CCTNS) are reportedly hindering the police's ability to enforce the UCC in some cases.

Legal experts argue the case should be registered under Section 32 of the UCC, which criminalises practices like triple talaq and halala.

The complainant, Shaheen, alleges harassment for dowry, triple talaq, and pressure to undergo 'halala' for remarriage.

A lawyer highlights that the UCC abolishes practices like triple talaq and halala, and forcing a woman to comply with such conditions can attract criminal penalties.

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.

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.

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 IWP that the UCC allows remarriage without any conditions and abolishes practices such as triple talaq and halala.

National President, the  Muslim Federation of India was India (MFI) and Advocate High Court MA Mujeeb said where there were substantive laws prevailing under respective Code and Criminals to cope up with the matrimonial cases. The UCC needs to be repealed and any  stage managed interference by non actors will destroy the peaceful functioning of the Muslim Personal Laws ever since Prophet Mohammed brought women protection reforms for the entire Society , Mujeeb added.

Besides there is no triple talaq at one go and the frustrated wife needs to provide a minimum three months time to rectify husband or wife to  ratify their mistake if any and there is no concept of  halala in Islam or the Quran, why to defame Islam, Mujeeb added. 

"Muslim Personal Laws  are clean and clear from the very implementation, and there is no manipulation required under the unconcerned actors - like RSS and its sister concerned organisations into Islamic rituals. It is better for the Hindu dominant Society to restrain from interfering into the Muslim personal laws but to reform Dalits and Other Backward Classes persons  perform duties of  the pandits in temples " questioned MFI president Mujeeb.

There should be no excuse or exemption to any community from application of UCC including the Scheduled Triples who change their wives  like vegetable, if the State wants bring reforms in the Society and it should be staged uniformly as all are equal under the Article 14 of the Constitution of India and the constitutional spirit should prevail and guide the law makers before framing respective law, National President of MFI, Mujeeb added

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.