Country’s first criminal prosecution case under UCC filed in U’khand

Roorkee: Uttarakhand has registered the country’s first criminal prosecution case under Uniform Civil Code (UCC), with Haridwar police invoking stringent provisions related to triple talaq and halala in a matrimonial dispute, and filing a chargesheet on Wednesday against nine accused.The case, registered at Buggawala police station in Haridwar’s Bhagwanpur on April 4, stems from a complaint by a 23-year-old woman, mother of an eight-month-old boy, who alleged physical assault, dowry harassment and instant triple talaq by her husband and in-laws.Police said the woman, apart from accusing her husband of pronouncing triple talaq, alleged that he along with eight of his family members, including his parents and sister, attempted to force her into halala (a prohibited practise in which a woman, after being divorced by triple talaq, has to marry another man, and get divorced again to be able to return to her former husband).Initially, an FIR was registered under BNS sections 115(2) (voluntarily causing hurt) and 85 (a husband or his kin subjecting a woman to cruelty), sections 3/4 of Dowry Prohibition Act, and sections 3/4 of Muslim Women (Protection of Rights on Marriage) Act.However, during investigation, police said allegations linked specifically to halala and triple talaq surfaced in greater detail. Investigators subsequently added sections 32(1)(2) and 32(1)(3) of Uttarakhand UCC Act to the case, making it the first criminal case in the country to invoke penal provisions under the newly- implemented UCC framework.Notably, section 32 of UCC deals with punishments related to instant triple talaq and halala. Under section 32(1)(2), it is an offence if a person dissolves a marriage through any method not recognised under UCC, while section 32(1)(3) states this provision “criminalises forcing, compelling, encouraging or subjecting a woman to halala or similar practices as a condition for remarriage after divorce”. Under these provisions, the punishment can include jail of up to three years or a hefty fine of up to Rs 1 lakh, or both.Haridwar SSP, Navneet Singh Bhullar, said, “Since it is a sensitive matter, notices under BNSS section 35(3) (of appearance rather than immediate arrest) have been issued to nine accused. They’ve been summoned for investigation, and more legal action will be taken accordingly.”The woman’s brother, a cab driver, said, “My sister was repeatedly harassed and beaten by her in-laws over dowry. Her husband privately gave her triple talaq, and then told her that she would have to go through halala with a person chosen by him if she wanted to return.”He added: “Once we came to know, we somehow brought her back from her in-laws and met the police... It is a huge relief for us that the allegations were substantiated by investigators.”Meanwhile, Manu Gaur, a member of Uttarakhand UCC drafting committee, told TOI: “This is the country’s first case registered under UCC in connection with triple talaq and halala. The FIR marks a significant step towards curbing practices such as oral divorce and halala that have long affected Muslim women. In that sense, it is a landmark case.”