Nainital, February 28: The Uttarakhand High Court on Thursday asked the state government if it could invite fresh suggestions regarding the Uniform Civil Code (UCC) and consider necessary amendments. This comes after new petitions raised concerns about the UCC's provisions concerning live-in relationships, particularly regarding privacy.
The division bench, comprising senior Justices Manoj Tiwari and Ashish Naithani, posed this query to Solicitor General Tushar Mehta during the hearing of two fresh public interest litigations (PILs). These petitions specifically challenge the constitutionality of mandatory registration for live-in couples, alleging that certain provisions might infringe upon their right to privacy.
Appearing through video-conferencing, Mehta responded positively, stating that all suggestions would indeed be welcome. Chief Standing Counsel C.S. Rawat mentioned that the court also verbally requested Mehta to urge the state assembly to consider implementing essential amendments to the UCC, which came into force on January 27.
Privacy and Policing: Core Issues Raised by Petitioners
Advocate Vrinda Grover, representing one of the petitioners, argued that mandatory registration requirements within the UCC significantly intrude into personal privacy, resulting in unwarranted surveillance and policing. She questioned the logic behind mandatory disclosure of sensitive information by couples, which, according to the UCC provisions, would immediately be transferred to police authorities.Grover emphasized concerns about undefined terms in the Act, pointing out that the phrase "appropriate action," which police are authorized to take upon violations, lacks clear definition, creating potential for misuse and ambiguity.
She further highlighted specific concerns regarding questions posed to women under the new law, such as whether they intended to terminate a live-in relationship or if they were pregnant. Grover argued that rather than empowering women, such intrusive requirements risked exposing them to harassment and societal coercion by placing deeply personal details into the hands of authorities.
Court Acknowledges Changing Social Dynamics
In response, the court acknowledged the rising prevalence of live-in relationships, noting that while such relationships may not yet have complete social acceptance, the intention of the UCC was to reflect contemporary societal shifts and ensure protection for women and children involved.However, given the seriousness of the privacy issues raised, the court asked both Solicitor General Mehta and Chief Standing Counsel Rawat whether the state government was open to reconsidering and tweaking provisions of the UCC.
Next Steps and Hearing Date
The High Court has combined these PILs with previously filed petitions challenging related aspects of the UCC. The consolidated matters will be heard next on April 1, 2025, providing the state four weeks to submit its counter affidavit addressing the privacy concerns raised.The court’s approach signifies a critical examination of the balance between evolving social norms and protecting individual privacy rights under the ambit of the UCC.
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