UCC: Uttarakhand HC Grants Protection to Interfaith Live-in Couple

In an unexpected ruling, the Uttarakhand High Court has directed the police to provide security to an interfaith live-in couple if they register their relationship within 48 hours under the Uniform Civil Code (UCC), which has not yet been implemented in the state.

A bench of Justices Manoj Kumar Tiwari and Pankaj Purohit stated that if the petitioners apply for registration under the UCC within 48 hours, the station house officer (SHO) concerned will provide adequate security for them for six weeks.

The order is surprising as the UCC has not yet been enacted in Uttarakhand. The government advocate clarified that the junior government advocate who appeared in court was unaware that the notification for the UCC had not been issued in the state. This was a misunderstanding, the government advocate said. A revised order will be issued, removing the reference to the UCC. A recall application will be filed on Saturday. Meanwhile, protection will be provided to the couple.

The Uniform Civil Code (UCC), Uttarakhand, 2024 is an act designed to govern and regulate laws related to marriage and divorce, succession, live-in relationships, and related matters.

As per Section 1(2) of the Act, it will come into effect on a date appointed by the government through a gazette notification. However, as no notification has been issued, the Act is not in force in the state.

The case involves a 26-year-old Hindu woman and a 21-year-old Muslim man in a live-in relationship, who filed the petition stating they are adults from different religions and feel threatened by their families. They moved the Uttarakhand High Court seeking protection.

The government counsel cited Section 378(1) of the Uttarakhand UCC, which mandates that live-in couples within the state must submit their details to the registrar, regardless of their residential status. Failure to register within a month from the start of the relationship will result in penalties.