UCC Challenge | 'You Brazenly Live Together Sans Marriage, What Privacy Is Invaded?; State Isn't Saying No To Live-In': Uttarakhand HC Orally Remarks

While hearing another writ petition filed by a 23-year-old man challenging specific provisions of Uttarakhand's Uniform Civil Code (UCC), particularly the mandatory registration of live-in relationships, the Uttarakhand High Court today orally remarked that the state government is not prohibiting live-in relationships but is only providing for their registration, which does not equate to a declaration of such relationships per se.

"State hasn't said that you don't live together. When you are brazenly living together without there being a marriage, what is the secret? What is the privacy that is invaded?" : remarked Chief Justice G. Narendar.

Appearing before a division bench also comprising Justice Alok Mahra, Advocate Abhijay Negi for the petitioner (Jai Tripathi) argued that by mandatorily provisioning for the registration of such relationships under the UCC, the state is "institutionalizing gossip."

Referring to the Supreme Court's 2017 judgement in the case of Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors., Advocate Negi, stressing the right to privacy, argued that his client's privacy is being invaded, as he doesn't wish to declare or register his live-in relationship with his partner.

The bench, however, refuted his argument that the UCC doesn't provide for any declaration and that it is just asking people to register for such a relationship. 

"What is 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?...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?" : remarked Chief Justice.

During arguments, Advocate Negi referred to an incident from District Almora where a young boy was assassinated just because he was living in an inter-faith live-in relationship, the Chief Justice orally told him to do some work to enlighten the people.

The bench further said that the matter would be tagged with other petitions challenging the UCC, and if any coercive action were taken against anyone, the concerned person could come to the Court. This is similar to what the Court remarked orally last week while hearing a similar plea.

"If any individual is affected, they may approach this bench...If any action, please come (to us)..." remarked the High Court Division bench. More details here: 'Those Affected May Approach Us In Case Of Any Action By Authorities': Uttarakhand HC On Pleas Against UCC

It may be noted that two other petitions are pending before the Uttarakhand HC, challenging the UCC. While Bhimtal resident and former student leader Suresh Singh Negi's PIL challenges several provisions of the Uniform Civil Code (UCC), particularly those related to live-in relationships, another PIL plea by Aarushi Gupta contests the provisions of the Code concerning marriage, divorce, and live-in relationships, arguing that they infringe upon citizens' fundamental rights.

Advocates Snigdha Tiwari and Armaan Pratap Singh assisted Advocate Negi.