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Why in News:
- Uttarakhand Police have invoked the provisions of the Uniform Civil Code (UCC) for the first time in a criminal case involving ‘Nikah Halala’ alongside charges of dowry and cruelty.
Key Facts: Uniform Civil Code (UCC)
- Constitutional Basis: Article 44 of the Indian Constitution, under the Directive Principles of State Policy (DPSP), mandates that the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.
- Definition: A common set of laws governing personal matters such as marriage, divorce, inheritance, adoption, and succession for all citizens, regardless of their religion.
- Uttarakhand UCC Act: Uttarakhand became the first state in independent India to implement a UCC (Goa has a Portuguese-era Civil Code).
- Marriage & Divorce: It bans practices like polygamy, polyandry, nikah halala, and iddat.
- Live-in Relationships: Mandatory registration of live-in relationships within the state; failure to register can lead to imprisonment.
- Succession: Ensures equal inheritance rights for sons and daughters.
- Exemptions: The Uttarakhand UCC exempts Scheduled Tribes (STs) from its purview to protect their unique customary practices.
- Nikah Halala & Legal Intersection:
- While the Muslim Women (Protection of Rights on Marriage) Act criminalizes Triple Talaq, the UCC specifically addresses the conditions of remarriage (Nikah Halala).
- Section 32 of the Uttarakhand UCC prohibits any condition or ritual required for a woman to remarry her divorced husband.
- Unique Points:
- Shah Bano Case (1985): A landmark judgment where the Supreme Court first highlighted the need for a UCC to promote national integration.
- Sarla Mudgal Case (1995): The Court reiterated that a UCC would prevent the exploitation of personal laws for fraudulent purposes (e.g., conversion for second marriage).
