Uniform Civil Code in Uttarakhand: Controversy Rises Over Live-in Relationship Registrations and Privacy Concerns

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Uniform Civil Code in Uttarakhand: Controversy Rises Over Live-in Relationship Registrations and Privacy Concerns

Uttarakhand’s Uniform Civil Code: Privacy Concerns and Controversy Over Live-in Relationship Registrations

In a significant move towards legal uniformity, the Indian state of Uttarakhand has implemented the controversial Uniform Civil Code (UCC) for its citizens. The UCC aims to standardize personal laws across all religious, gender, and caste divisions, addressing issues such as marriage, divorce, inheritance, and adoption. However, its recent application to live-in relationships has sparked a fierce debate over privacy concerns and potential surveillance of interfaith couples.

Since its implementation last month, the UCC has mandated that all live-in relationships be registered online, alongside marriages, divorces, and inheritance claims. But the registration process has raised eyebrows, particularly when it comes to the protection of personal data and the surveillance of couples in non-traditional relationships.

The Live-in Relationship Mandate: What Does the UCC Require?

Under the new UCC guidelines, all marriages, divorces, and live-in relationships must be registered through an online portal. Citizens are required to submit applications for these registrations, with the ability to complete the process from the comfort of their homes using mobile phones. The portal will allow users to track the status of their application via SMS and email notifications and even lodge complaints about the registration process.

Live-in relationships in particular have become a focal point in the discussion surrounding the UCC. Prior to the law’s implementation, live-in partnerships often existed outside formal legal frameworks, leaving many couples vulnerable to legal disputes or injustices, as seen in the high-profile murder case of Shraddha Walkar by her live-in partner, Aftab Poonawalla, in 2022. Uttarakhand’s Chief Minister, Pushkar Singh Dhami, justified the mandatory registration as a preventive measure, suggesting it could protect individuals in live-in arrangements from potential harm or exploitation.

Despite the law’s intentions, critics have voiced concerns over privacy. Some argue that the mandatory registration of live-in relationships forces individuals into a public-facing legal structure that could infringe upon their personal freedoms. There are also fears that the system might lead to unwanted surveillance of individuals in non-traditional or interfaith relationships.

Monitoring interfaith couples.

Compounding the controversy, members of the right-wing group Bajrang Dal have openly claimed that they are actively monitoring interfaith couples in Uttarakhand, especially following the UCC’s enactment. Vikas Verma, a Bajrang Dal leader, reportedly stated that the organization had “come across a case in Haridwar where the couple are from different religions” and expressed their vigilance over what they termed “dangerous cases.”

This admission has intensified concerns over the potential misuse of the UCC’s online registration system, as well as the possibility of heightened surveillance or harassment of interfaith couples. Although officials have insisted that the registration details are encrypted and inaccessible to external agents, the public fear remains that data could be exploited for surveillance purposes.

In response to these concerns, Uttarakhand’s Home Secretary, Shailesh Bagoli, emphasized that the system has been designed with privacy safeguards in mind. Officials, according to Bagoli, can only access general information such as the number of applications received, while sensitive personal data remains secure with the concerned registrars. However, despite these assurances, many remain unconvinced about the protection of their private information in the long term.

Privacy Concerns and Constitutional Questions

The core criticism surrounding the UCC’s implementation lies in the potential erosion of privacy rights. The mandatory online registration of live-in relationships has been accused of overreach, with critics arguing that it may infringe upon the individual’s right to live without government interference in personal matters. For some, this new law crosses the line between public interest and private freedoms, making it a point of contention in the ongoing debate over civil rights and the role of government in regulating personal life.

India’s Supreme Court has previously ruled in favor of individuals’ right to privacy as a fundamental right, and critics of the UCC argue that the state’s mandatory registration system could undermine this constitutional protection. Advocates for privacy stress the importance of keeping personal relationships and individual autonomy free from government oversight, suggesting that the UCC’s provisions for live-in relationship registration could open the door for further government intrusion into citizens’ personal lives.

The Bigger Picture: The UCC and Its Potential Nationwide Impact

The Uniform Civil Code is not limited to Uttarakhand. While the state is the first to implement the law, other states may follow suit, making this a key moment for the national discussion on personal laws. Supporters of the UCC believe that it is necessary for creating equality, while critics argue that it could lead to unintended consequences for privacy and individual freedom.

As Uttarakhand continues to implement the law, it is likely that the controversy surrounding live-in relationship registration will intensify. The government’s challenge will be to balance the desire for legal uniformity with the preservation of citizens’ privacy and autonomy. Whether the UCC will be extended to other states or face legal challenges remains to be seen.

What’s Next for Uttarakhand’s UCC?

For now, officials are processing the early applications, with just one live-in relationship successfully registered within the first ten days of the law’s implementation. Although the state government is confident that the system will streamline legal processes, the ongoing surveillance concerns and privacy debates suggest that the UCC’s path forward will not be without opposition.

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