DEHRADUN: The Nainital High Court's division bench, led by Chief Justice G. Narendar, addressed a petition challenging the mandatory registration of live-in relationships under the newly implemented Uniform Civil Code (UCC).
During the proceedings, the Chief Justice remarked, "The state government has not prohibited cohabitation. How can privacy be infringed upon when individuals choose to live together outside of marriage? What is the underlying issue? Whose privacy is truly at stake here?
Chief Justice G. Narendar emphasized that the state is not prohibiting live-in relationships but merely imposing a condition for registration.
The commentary from the High Court on Monday has afforded significant relief to the state government, which has been under scrutiny following the filing of seven writ petitions challenging the UCC subsequent to its implementation on January 27.
Legal experts view this as a positive development for Chief Minister Pushkar Singh Dhami's administration.
Advocate Abhijay Negi, representing the petitioner, emphasized the right to privacy while referencing a Supreme Court ruling from 2017. He argued, "My client’s right to privacy is being violated as he does not wish to disclose or register his live-in relationship with his partner."
A bench comprising Chief Justice G. Narendar and Justice Alok Mehra dismissed the petitioner’s arguments, stating, "The UCC does not mandate any declaration. It merely calls for individuals to register such relationships."
During the hearing, Chief Justice G. Narendar made a striking observation regarding a petition related to cohabitation. CJ questioned, “What is the secrecy? You are both living together. Your neighbour knows, society knows, and the world knows. So where is the privacy you are talking about? Are you secretly living in some secluded cave? You are living in civil society, shamelessly cohabiting without marriage. So what privacy is being violated?”
During the hearing, the petitioner cited an incident from Almora where a young man was murdered simply for being in an inter-religious live-in relationship. The High Court verbally urged the petitioner to take some steps to raise awareness among the public.
The division bench stated, "This case will be linked with other petitions challenging the Uniform Civil Code. If any punitive action is taken against an individual, that person may approach the court."
The bench issued notices to both the central and state governments, scheduling the next hearing for April 1.