No UCC in Uttarakhand yet, but HC asks couple to register under it

In an order that has left people surprised, the Uttarakhand high court has asked 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 is yet to be implemented in the state.

Disposing of a protection petition filed by the couple, a division bench comprising Justices Manoj Kumar Tiwari and Pankaj Purohit said if the petitioners apply for registration under the UCC within 48 hours, the station house officer (SHO) concerned will provide adequate security to them for six weeks.

The order came as a surprise as the UCC is yet to be implemented in Uttarakhand.

The government advocate has clarified that the junior government advocate appearing in the court in the matter was not aware that the notification for the UCC has not been issued in the state as yet.

It was a misunderstanding, the government advocate said.

A revised order will be issued, deleting the portion relating to the UCC, he added.

A recall application will be filed in this regard on Saturday. In the meantime, protection will be provided to the couple, he said.

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

According to section 1(2) of the Act, it shall come into force on such date as the government may, by a notification in the gazette, appoint. However, since no notification has been issued by the government, the Act is not in force in the state.

In the matter at hand, a 26-year-old Hindu woman and a 21-year-old Muslim man, who are in a live-in relationship, had filed the petition, saying both of them are adults and belong to different religions.

Feeling threatened by the families of the couple, they had approached the high court.

The government counsel cited section 378(1) of the Uttarakhand UCC to say it is mandatory for live-in couples within the state to submit their details to the registrar, irrespective of their residential status in Uttarakhand.

Partners in a live-in relationship will be subject to penalties if they fail to register their relationship within a month from the beginning of such relationship.