We must now realise need for UCC, says MP HC judge while hearing triple talaq case
Bhopal, Jul 22: It took many years for lawmakers to realise that triple talaq is unconstitutional and bad for society and we should now realise the need for a Uniform Civil Code (UCC) in the country, Justice Anil Verma of the Indore bench of Madhya Pradesh High Court said.
He made the observation last week while partly allowing a petition of two Mumbai-based women facing charges under Indian Penal Code, the Muslim Women (Protection of Rights of Marriage) Act 2019 and Dowry Prohibition Act 1961.
"There are a lot of other deprecating, fundamentalist, superstitious and ultra-conservative practices prevalent in the society that are clothed in the name of faith and belief," the judge added.
"Though the Constitution of India already encapsulates Article 44 that advocates UCC for the citizens, yet the same needs to become reality, not just on paper. A well-drafted UCC could serve as a check on such superstitious and evil practices and would strengthen the integrity of the nation," the single bench of Verma observed.
"It took many years for the lawmakers to realise that triple talaq is unconstitutional and bad for society. We should now realise the need for a Uniform Civil Code (UCC) in our country," he said.
This matter pertains to the Muslim Women (Protection of Rights on Marriage) Act, 2019, he said, adding triple talaq is a serious issue.
The HC's observations came while disposing of a petition of mother daughter duo Aliya and Farad Saiyyad of Mumbai.
In their plea, the duo had sought quashing of an FIR against them filed under IPC, Dowry Act and Muslim Women Act as well as the consequential proceedings pending before the Judicial Magistrate First Class in Rajpur in Barwani district, which borders Maharashtra.
Salma had filed an FIR against her mother-in-law Aliya, sister-in-law Farad and her husband Faizan for allegedly physically and mentally harassing her for Rs 2 lakh dowry. Salma, who said her 'nikah' took place on April 15, 2019 as per Islamic rituals, has accused Faizan of divorcing her after uttering 'talaq' three times.
Salma, who was since then been living with her parents at Barwani, lodged a police complaint after being abandoned. Aliya, Farad and Faizan were booked under sections 498-A and 323/34 of IPC, section 3/4 of Dowry Prohibition Act and section 4 of Muslim Women (Protection of Rights on Marriage) Act.
The counsel for the petitioners claimed the alleged offence was committed in Machchhi Market, Chirag Nagar in Mumbai's Ghatkopar area and, therefore, Rajpur police station in MP had no jurisdiction to register the said FIR.
In its order, the HC said, "It is a settled position of law that 'ordinary rule' engrafted in Section 177 of CrPC by allowing courts in another local area to take cognizance of the offence. In addition, if an offence committed in one locality is repeated in another, the courts in the other location are competent to hear the case."
If an offence is committed in another jurisdiction as a result of the consequences of a criminal act, the court in that jurisdiction is likewise competent to take cognizance under Section 179, the court added.
The counsel for the petitioners also contended that section 3 (pronouncement of talaq as void and illegal) and 4 (punishment of pronouncing talaq) of Muslim Women (Protection of Rights on Marriage) Act 2019 is applicable only against the husband and not against the in-laws and other relatives of the wife.
Section 3 of the Act of 2019 has rendered the pronouncement of triple talaq void and illegal, while section 4 lays down punishment of up to three years in jail, the court said.
"Therefore, it is crystal clear the provisions of Section 3 & 4 evidently operate in relation to Muslim husband alone. Therefore, the petitioners, who are the mother-in-law and sister in-law of the complainant, cannot be prosecuted for the offence of pronouncement of triple Talaq under the Act of 2019," the HC order said.
Therefore, the offence registered against the petitioners under Section 4 of the Act of 2019 deserves to be quashed, it observed.
Allegations in the FIR related to mental and physical harassment of the complainant for non-fulfilment of demand of dowry, in view of the prima facie evidence available on record, cannot be quashed, the court order said.
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Sringeri postal ballot recount: Cong MLA Raje Gowda’s tally reduced by 255 votes
Chikkamagaluru (Karnataka) (PTI): After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled for Congress MLA T D Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission for further decision, he said.
Following a Karnataka High Court order on the election petition filed by BJP’s defeated candidate D N Jeevaraj challenging Raje Gowda’s election, the reverification and recounting took place on Saturday and continued until midnight.
Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes.
“The High Court on April 6 had ordered reverification and recounting. As per that order, the exercise has been completed. The court order did not direct us to announce the results; it also did not refer to EVM votes. The order was specific only to postal ballots,” returning officer Gaurav Kumar Shetty said.
Speaking to reporters late on Saturday night, he said, “During the 2023 vote counting, Jeevaraj had received 692 votes, while Raje Gowda had received 569 votes. Now, after reverification and recounting, Jeevaraj has 690 valid votes, which is two votes less than earlier, while Raje Gowda has 314 votes, a difference of 255 votes.”
After the reverification and recounting as per the court order, the strong room was sealed, and a report was sent to the Election Commission.
The returning officer said that as per Election Commission rules, there are clear guidelines on how to accept or reject a vote, and the procedure was followed accordingly.
Regarding allegations of vote tampering, he said the allegations are criminal in nature and do not fall under his jurisdiction.
Jeevaraj, speaking to reporters, said, “As per the current count, I have the majority. Officials have said that the Election Commission will make the formal announcement. I will wait for the Commission’s order.”
Raje Gowda expressed doubts about “vote tampering” and demanded a detailed inquiry into Jeevaraj and others. He said he would file a case in this regard.
“There are markings on the ballots polled in my favour. Different ink has been used; it is clearly visible. During the 2023 counting, all those ballots were deemed valid in the presence of counting agents of all parties. Now, such votes have been declared invalid, bringing down my tally,” he told reporters.
Raje Gowda and his supporters had earlier celebrated on Saturday, claiming the results were in their favour.
Meanwhile, Deputy Chief Minister and state Congress president D K Shivakumar on Sunday alleged a “big conspiracy” in Sringeri.
Speaking to reporters in Bengaluru, he said the Congress would take up the matter legally and would pursue all possible steps from the government.
“No one can imagine that they (the BJP) will indulge in such criminal activity. This is evidence of how former MLA Jeevaraj misused officials close to him. I have received a report, and I am studying it. It is systematic criminal activity. I will go through the report and take further action. I had been watching developments overnight,” he added.
State BJP president B Y Vijayendra said that, as per his information, the Congress was pressuring officials not to declare the results.
Speaking to reporters in Tumakuru, he said, “Jeevaraj, after losing the election, went to court. Now, after the High Court order, recounting has happened, and Jeevaraj has won by 56 votes. There appears to be a conspiracy by the ruling Congress to delay the announcement of results to allow Raje Gowda time to approach the High Court.”
Jeevaraj has already faced “injustice” for about three years by being denied the MLA post, Vijayendra said. “The injustice should not continue, and the Congress should accept the mandate of the people.”
Leader of Opposition R Ashoka accused the Congress and its leader, Rahul Gandhi, of “vote theft.”
“The Congress, which has been illegitimately enjoying power in the Sringeri Assembly seat for the past three years, now faces humiliation. This is not merely the victory of one individual; it is the victory of democracy. It is a hard-earned triumph for the value of the votes cast by Sringeri’s voters,” he posted on X, congratulating Jeevaraj.
