DEHRADUN: Uttarakhand high court on Monday questioned a petition that challenged the mandatory registration of live-in relationships under the state’s Uniform Civil Code (UCC), asking how it violated privacy when couples were already “openly living together”. The division bench headed by Chief Justice G Narendar observed that the state govt was not prohibiting live-in relationships “but only requiring registration”. It dismissed claims that this amounted to an invasion of privacy.
Petitioner Jai Tripathi, 23, had moved the court arguing that the provision “institutionalised gossip and intruded on personal choices”. His counsel, Abhijay Negi, cited the Supreme Court’s 2017 judgment in Justice K S Puttaswamy (Retd.) and others vs Union of India and others, emphasising the right to privacy and arguing that his client did not wish to disclose or register his relationship.
However, the court took a firm stance, with chief justice Narendar saying, “The state hasn’t said that you can’t live together. Are you living secretly, in some secluded cave? You are living amongst the civil society. You are brazenly living together without there being a marriage. And then what is the secret? What is the privacy that is invaded?”
The bench also questioned the petitioner’s reasoning, pointing out that live-in partners were already known to neighbours and society. It asked: “Both of you are living together; your neighbour knows, society knows, and the world knows. Then where is the secrecy you are talking?”
The state’s counsel argued that the UCC merely sought registration without any declaration requirement. The court also expressed displeasure over what it termed “bizarre arguments” raised by the petitioner, according to the govt counsel.
During the hearing, the petitioner cited an incident from Almora where a young man was killed allegedly for being in an inter-faith live-in relationship. The court responded that efforts should be made to enlighten society on such issues, the govt counsel said. The bench said that the matter would be tagged with other petitions challenging the UCC and added that if any coercive action was taken against individuals, they could approach the court for relief.
While the state govt asserts that the UCC — implemented on Jan 27 — promotes legal equality and safeguards the rights of women and children, critics argue that mandatory registration infringes on privacy and could institutionalise societal scrutiny. Concerns have also been raised about the potential misuse of personal information and the impact on inter-faith couples.
UCC mandates registration of live-in relationships within one month of commencement, aiming to provide legal recognition and to protect the rights of individuals in such partnerships. The registration process requires couples to fill out a 16-page form, provide proof of age and residency, and obtain a certificate from a religious leader affirming their eligibility to marry. Failure to register may result in penalties, including imprisonment for up to three months or fines of up to Rs 10,000.
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