A case filed in Haridwar against a man for allegedly giving triple talaq to his wife over dowry has sparked controversy, as authorities did not register it under Uttarakhand’s Uniform Civil Code (UCC), officials said. The incident took place in the Buggawala area and police action has raised questions about the enforcement of the UCC in the state.
Uttarakhand authorities are facing challenges in enforcing the UCC in some cases due to delays in updating the Crime and Criminal Tracking Network and Systems (CCTNS) software. Legal experts said the case qualifies as a cognisable offence and should have been registered under Section 32 of the UCC.
The complainant, Shaheen, a resident of Bandarjud village in Buggawala, lodged a complaint against her husband and his family, alleging harassment for dowry, pronouncement of triple talaq, and coercion to undergo ‘halala’ for remarriage. In her complaint, Shaheen stated that she was married to Danish two-and-a-half years ago, and began facing physical and mental harassment for dowry within days of the marriage.
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She alleged that when the abuse escalated, she informed her parents. When her parents approached her husband to resolve the matter, he allegedly pronounced triple talaq and expelled her from the house. Shaheen further claimed that during subsequent settlement discussions, her husband imposed the condition of ‘halala’ for her remarriage, prompting her to approach the police.
Haridwar Rural Superintendent of Police Shekhar Chand Suyal said 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 initiated an investigation.
When asked why the case was not registered under the UCC, Suyal explained that sometimes cases cannot be processed under the law due to technical issues with the CCTNS portal. He added that the investigating officer is probing the matter and UCC provisions will be applied if applicable.
The UCC was implemented in Uttarakhand in January last year. Legal experts have expressed concern over the failure to register such a serious case under the law, even more than a year after its implementation.
Lawyer Vasu Garg said the UCC allows remarriage without any conditions and abolishes practices such as triple ‘talaq’ and ‘halala’. He noted that under Section 32(iii) of the UCC, forcing a woman to comply with conditions like ‘halala’ before remarriage can attract criminal penalties, including fines, imprisonment, or both, depending on the severity of the violation.
Garg added that while the state government has touted the UCC as a significant achievement, the ground reality remains disappointing, highlighting the gaps in enforcement and implementation.
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