GUWAHATI: The Uttarakhand High Court on Monday, February 17, remarked that the state government is not prohibiting live-in relationships but only requiring their registration.
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While hearing a writ petition challenging the mandatory registration of such relationships under Uttarakhand's Uniform Civil Code (UCC), the court asserted that registration does not amount to a formal declaration of these relationships.
According to LiveLaw, Chief Justice G. Narendar, heading the division bench along with Justice Alok Mahra, questioned the privacy concerns raised by the petitioner. "When you are brazenly living together without being married, what is the secret? What is the privacy that is invaded?" the Chief Justice remarked.
The petition was filed by Jai Tripathi, a 23-year-old man, represented by Advocate Abhijay Negi. Arguing against the mandatory registration provision, Advocate Negi contended that the law "institutionalises gossip" and infringes upon the right to privacy. He cited the Supreme Court’s 2017 judgment in Justice K. S. Puttaswamy (Retd.) and Anr. vs Union of India and Ors., emphasising that his client should not be compelled to disclose his live-in relationship.
In response, the bench maintained that the UCC merely requires registration and does not involve public declaration. "If you are living together openly, your neighbours know, society knows—where is the secrecy?" Chief Justice Narendar questioned, dismissing the privacy argument.
During the hearing, Advocate Negi also referenced an incident in Almora where a young man was killed due to his inter-faith live-in relationship. In reply, the Chief Justice suggested that efforts should be made to educate society on such issues.
The bench decided to tag this petition with other pending cases challenging the UCC and assured that if any coercive action were taken, affected parties could seek relief from the court.
The UCC, implemented on January 27, mandates registration of live-in relationships and includes provisions on marriage, divorce, and inheritance. Failure to register a live-in relationship may result in a jail sentence, a fine, or both.
