The Uttarakhand High Court questioned a petitioner’s claim that the Uniform Civil Code violates privacy, emphasizing that registration of live-in relationships does not equate to a public declaration.
Uttarakhand: The Uttarakhand High Court on Monday questioned a 23-year-old petitioner’s claim that the recently enacted Uniform Civil Code (UCC) in the State violates his personal liberty and privacy.
The petitioner, Jai Tripathi, challenged provisions in the UCC that require registration of live-in relationships. During the hearing, his counsel argued that such registration would lead to an inquiry and institutionalized gossip.
However, a Bench of Chief Justice G Narendar and Justice Alok Mahra countered the argument, asking:
“What is secret? Both of you are living together; your neighbor knows, society knows, and the world knows. Then where is the secrecy you are talking about?… What gossip? 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 counsel for the petitioner contended that, as a 23-year-old, he does not wish to declare his live-in relationship, as it would violate his right to privacy.
In response, the Court clarified that the State is not prohibiting live-in relationships but is only ensuring their registration, which does not amount to a public declaration. The Court emphasized that privacy violation claims must be specific rather than generalized accusations.
“Who is coming in between? You need to understand that you are alleging that they are invading your privacy, disclosing your details. If there is any such material, please disclose it. No omnibus submissions. If you make allegations be specific.”
The petition was tagged with a similar plea filed earlier, and the next hearing is scheduled for April 1.
The Uttarakhand government implemented the UCC on January 27, making it the first State in the country to do so. The law mandates registration of live-in relationships, failing which individuals may face legal penalties. It also addresses marriage, divorce, and inheritance.
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Those seeking to live together in Uttarakhand must now register their relationship with the Registrar, who has the authority to approve or deny registration if the relationship violates any conditions listed in the UCC. A live-in relationship will not be registered if it falls under the category of “prohibited relationships.”
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