During the proceedings, Chief Justice Narender questioned the opposition to regulating live-in relationships, stating, “What happens if this relationship breaks up? What if there is a child out of this relationship? In respect of marriage, there is a presumption regarding paternity but in a live-in relationship, where is that presumption? In the garb of invasion of your privacy, can the self-respect of another person be sacrificed, that too when he is your child and there is no proof of marriage… or paternity?”
Uttarakhand: Observing that a person’s self-respect should not be sacrificed in the name of privacy, especially when the person is a child born in a live-in relationship, the Uttarakhand High Court on Wednesday questioned what was wrong with regulating such relationships.
The matter was heard by a Bench led by Chief Justice G Narender. The case involved a petition challenging certain provisions of the Uniform Civil Code of Uttarakhand Act, 2024, specifically those related to live-in relationships.
The petition was filed by Almasuddin Siddiqui through advocate Kartikey Hari Gupta. It also opposed the list of prohibited relationships mentioned in the law, arguing that it restricted religious rights to marriage and even criminalized certain marriages by declaring them void.
During the hearing, Solicitor General Tushar Mehta, representing the Uttarakhand and central governments, requested six weeks to submit a response. This was after the Chief Justice sought an explanation regarding Section 387(1) of the law, which criminalizes non-registration of live-in relationships and imposes a penalty of up to three months imprisonment, a fine of Rs 10,000, or both.
Mehta responded, saying, “We will put in a reply. There is a justification for this. We have conducted a study and there are several destitute women.”
During the proceedings, Chief Justice Narender questioned the opposition to regulating live-in relationships, stating, “What happens if this relationship breaks up? What if there is a child out of this relationship? In respect of marriage, there is a presumption regarding paternity but in a live-in relationship, where is that presumption? In the garb of invasion of your privacy, can the self-respect of another person be sacrificed, that too when he is your child and there is no proof of marriage… or paternity?”
Mehta responded, emphasizing that the provision for registering live-in relationships is meant to empower women.
“It (registration of live-ins) is a provision for women’s empowerment,” he stated.
The Chief Justice also pointed out that live-in relationships are already recognized under the Protection of Women from Domestic Violence Act.
He explained the broader implications, saying, “The problem is not just about women — though the lady will face a certain amount of problems — but of proving paternity… If there is a registration, this would certainly help.”
Regarding prohibited degrees of relationships, the Solicitor General clarified that such restrictions already exist under the Special Marriage Act, Hindu Marriage Act, and Christian Marriage Act.
The petition specifically questions the validity of several sections of the Uttarakhand UCC 2025, including “Sections 3(c), 3(n)(iv), 4(iv), 8, 11, 13, 25(3), 29, 32(1) and (2), 378, 380(1), 384, 381, 385, 386, and 387,” along with related rules.
Advocate Kartikey Hari Gupta, who is representing the petitioners, has argued that the Quran and its verses provide religious laws that are essential for Muslims.
He claims that
“The UCC 2024 contradicts Quranic teachings”
because it interferes with these religious laws.
The petitioners have also said that-
“The 2024 Code violates Article 245 of the Constitution,”
as it acts like a state law but has effects beyond Uttarakhand’s borders.
ALSO READ: Uttarakhand Becomes the First State in India to Implement Uniform Civil Code (UCC)
Additionally, the petitioners have objected to
“The mandatory registration of live-in relationships and the penal provisions for non-compliance,”
arguing that such rules go against
“The Right to Privacy guaranteed under Article 21 of the Constitution.”
UCC Bill 2024
The Uniform Civil Code Bill, introduced by the Chief Minister Pushkar Singh Dhami-led government, became a focal point of national discussion when it was passed by the Uttarakhand Assembly in February 2024. Despite opposition demands to refer the bill to a select committee, it was approved.
Highlighting the significance of the UCC, Chief Minister Dhami said, “The UCC will give the right to equality to everyone without any discrimination on matters like marriage, maintenance, inheritance, and divorce.”
He added, “The UCC will mainly remove the discrimination against women.”
After its passage, the bill received presidential assent in March 2024, making it a law. President Droupadi Murmu’s approval marked a significant step toward achieving legal uniformity in personal matters.
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