Uttarakhand's Uniform Civil Code Not Yet Implemented: High Court Expunges Direction On Live-In Couple To Mandatorily Register Relationship

Earlier, on 18.07.2024, the Uttarakhand High Court granted protection to an inter-religious couple in a live-in relationship, stipulating that they must register their relationship under the Uniform Civil Code, Uttarakhand, 2024, within 48 hours.

The Division Bench of Justice Manoj Kumar Tiwari and Justice Pankaj Purohit modified the order by removing the observations about registration under the 2024 Code which hasn't come into force yet.

Yesterday, the state's counsel informed the court that the Uniform Civil Code, Uttarakhand has not come into force yet, since a notification by the state government in this regard, made under Section 1(2) of the Code is a pre-requisite. The state agreed that the 2024 Code has only received the assent of the President as of now. In these circumstances, it won't be feasible to mandate registration under the 2024 Code, it was submitted by the state.

The petitioner's counsel also submitted that the order can be modified to that extent, provided the 6-week police protection granted to the couple would remain intact.

Though the state initially filed a recall application, it was later clarified that the application was drafted by seeking a modification of the order in its prayer, specifically paragraphs 3 and 4 of the earlier order wherein the court noted the state's insistence about registration under the new Code, and the petitioners' willingness to apply under the applicable provisions for live-in-couple registration.

As a result, the court has expunged paragraphs 3,4 and 5 containing the mention of UCC, Uttarakhand.

As per Section 378 of the 2024 Code [Submission of a statement by partners to a live-in relationship], persons in live-in relationships (being Uttarakhand residents) are now required to register before the Registrar within one month of "entering into the relationship.” If they choose not to register, the couple will be liable for punishment as per Section 387(1) of the Code.

In the protection plea, the petitioners had stated their apprehension of harm from the family members of the girl involved, who were against their cohabitation.

The Division Bench had directed the SHO to provide adequate protection to the petitioners for 6 weeks, provided that the petitioners apply for registration under the 2024 Code within 48 hours. The court had also permitted a reassessment of the threat to the petitioners, and permission to take necessary action as required, after 6 weeks

Case No: WPCRL 775/2024

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