"You Are Brazenly Living Together Without Marriage...": High Court To Petitioner Over Civil Code

"Are you living secretly, in some secluded cave? You are brazenly living together without there being a marriage. Then what is the secret?" the Uttarakhand High Court remarked, as it took strong exception to a 23-year-old's petition that the Uniform Civil Code (UCC) enforced in the state violated his personal liberty and privacy.  

"What is the secret? Both of you are living together; your neighbour 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 civil society. What is the privacy that is invaded?" a bench of Chief Justice G Narendar and Justice Alok Mahra said, according to Bar and Bench, on Monday.

In his plea, Jai Tripathi had challenged specific provisions under the UCC, including the registration of live-in relationships. He said the provision "institutionalised gossip and intruded on personal choices". 

The bench, however, said the state government is not prohibiting live-in relationships but is merely providing for their registration. 

"The state hasn't said that you can't live together... 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 court further remarked. 

On January 27, Uttarakhand became the first state in the country to enact  the UCC, laying a framework for uniform marriage, divorce, property, inheritance and adoption laws for all the citizens. Among the clauses is the mandatory registration of live-in relationships and parental consent for live-in relationships involving individuals under 21 years of age. The rule will apply to "any resident of Uttarakhand... in a live-in relationship outside the state".

Failure to declare live-in relationships, or providing false information, could attract imprisonment for three months or attract a fine of Rs 25,000, or both. Even a month's delay in registration could trigger a prison term of up to three months, a fine of Rs 10,000, or both.

The law also recognises children born out of live-in relationships as a "legitimate child of the couple" and ensures equal rights for them in inheritance. Both sons and daughters will be referred to as "child", omitting any gender differences.

An online portal has been launched by the Uttarakhand government to register marriages, divorces, succession rights, live-in relationships, and their termination. These processes can be carried out from mobile phones or desktops and the progress of applications can be checked through email or SMS.

Chief Minister Pushkar Singh Dhami had earlier said the law is "an offering made by our state in the great 'yagya' being performed by the Prime Minister to make the country a developed, organised, harmonious and self-reliant nation".