Uttarakhand State PCS

• 10 Feb 2024

Key Features of Uttarakhand’s Uniform Civil Code Bill

Why in News?

Recently, the Uttarakhand state legislature passed the Uniform Civil Code (UCC) Bill after a state-appointed panel submitted its final report.

• Uttarakhand is the first State in India to implement such a legislation after Independence.

Note

Following Uttarakhand’s footsteps Madhya Pradesh and Gujarat have appointed committees to initiate the formulation of a UCC.

Key Points

• The Bill proposes a uniform law on marriage, divorce, inheritance of property, and cohabitation for all citizens, regardless of their religious affiliation, while excluding the tribal community from its scope.
• This stems from Article 44 of the Constitution, which mandates that the state “shall endeavor to secure for the citizens a UCC throughout the territory of India.
  • The provision is a part of the Directive Principles of State Policy (Part IV of the Constitution), which although not enforceable but play a pivotal role in the country’s governance.
• The Bill aims to regulate live-in relationships by imposing an obligation to register them.
  • In case, couples in a live-in relationship do not submit their statement, they will be served a notice following which criminal prosecution can be initiated against them.
• Section 4 says that “neither party has a spouse living at the time of the marriage”, thus prohibiting bigamy or polygamy.
• Men and women have been accorded similar rights with respect to divorce.
• Section 28 prohibits the initiation of divorce proceedings unless one year has elapsed since the date of marriage.
  • However, an exception can be made if the petitioner has suffered “exceptional hardship” or if the respondent has exhibited “exceptional depravity”.
• Existing Muslim personal law practices governing marriage and divorce such as nikah halala, iddat, and triple talaq have been criminalized under the Bill without explicitly naming them.
• The Bill extends equal property rights for sons and daughters across all classes.
• The Bill leaves out members of the LGBTQIA+ community from its ambit and applies only to heterosexual relationships.

Violence in Uttarakhand's Haldwani

Why in News?

Recently, a violence erupted in Haldwani, Uttarakhand, after the demolition of an illegal madrasa.

Key Points

• The demolition was carried out by the municipal corporation in accordance with a court order that declared the madrasa as an encroachment on government land.
• The demolition triggered protests and clashes between two communities, resulting in injuries to several people, including police personnel.
• The state government imposed a curfew and issued a shoot-at-sight order in Haldwani and other sensitive areas to prevent further violence.
• Shoot-at-sight Order:
  • It is a term that refers to an order that authorizes the police or other security forces to shoot anyone who violates the order, without any warning or attempt to arrest them.
  • This order is used only in extremely rare and dangerous situations, when authorities feel there is a grave threat to public peace and security, and when lethal force is absolutely necessary.
  • Some of the legal provisions that allow the issuance of shoot-at-sight orders are:
    • Section 46 (2) of the Code of Criminal Procedure, 1973 (CrPC), which enables the use of force in the course of arresting a person who resists or evades the arrest.
    • Section 144 of the CrPC, which enables the use of wide powers while dealing with urgent cases of “apprehended danger” or nuisance through the issuance of orders.
    • Section 81 of the Indian Penal Code, 1860 (IPC), which says that nothing is an offense if it is done with the knowledge that it is likely to cause harm, but without any criminal intention, and in good faith for the purpose of preventing or avoiding other harm.
    • Section 76 of the IPC, which exempts such acts, if done by a person who believes himself to be bound by law to do it.