Legal experts in Uttarakhand sceptical about UCC working on ground

Dehradun, Jan 30 (PTI) The BJP government in Uttarakhand may have introduced independent India's first Uniform Civil Code but legal experts are sceptical about whether it will work on ground in the hill state's conservative society which still cares for its age-old traditional values.

They agree that the basic objective of the UCC of bringing about uniformity in the laws governing marriage, divorce, succession and live-in relationships is healthy and in sync with the spirit of the Constitution but they have doubts about its acceptance in a tradition-bound society like Uttarakhand's.

Their principal concern is the institutionalisation of live-in relationships in the UCC which makes it mandatory for live-in couples to officially register their alliance to get a legal status as in case of legally married couples.

"The UCC seems to treat marriage and live-ins on a par with each other which might not get ready social acceptance in a state like Uttarakhand where traditional institutions like marriage are still deeply rooted," senior lawyer in the Uttarakhand High Court Dushyant Mainali told PTI.

It is doubtful if people will register their live-in relationships in a state like Uttarakhand where they are not even openly talked about, he said. "On the other hand, if live-in relationships are legalised through compulsory registration and come to enjoy the status of marital relationships, more and more people might start preferring the former which is less complicated with no rituals involved. That might, in the long run, pose a threat to the age-old institution of marriage," he said.

Mandatory registration of a live-in relationship between two adults which already enjoys constitutional protection in the country is also an infringement of their privacy and individual liberties besides being superfluous, Mainali said.

"Now people would ask a live-in couple for the document certifying their relationship. If they are not armed with the document, they could even be subjected to harassment by the authorities. It could even give rise to moral policing which will further complicate things," he said.

As marriage and divorce are subjects of Concurrent List where both the Centre and the states are empowered to make laws regarding marriage, divorce and succession, many of the provisions of UCC might get into conflict with the central laws which are already in existence, he said.

In such cases the central law will prevail under Article 254 of the Constitution, rendering the UCC of Uttarakhand ineffective, Mainali said.

Senior lawyer of Uttarakhand High Court Kartikey Hari Gupta also expressed similar doubts about the UCC.

"If there is any clause in the UCC law which is not in consonance with any existing Central law, that clause shall not be implementable. It would be void due to being repugnant to the Central legislation," he said.

UCC of Uttarakhand, 2024 is a state legislation which has extra territorial operation which means it would apply to even Uttarakhandis living out of the state. It will definitely be tested in the court of law whether such legislation is permissible, he said.

On mandatory registration of live-in relationships, Gupta said, "Peeping into the bedrooms of its citizens is definitely a sign of regression and a police state which was never envisioned by our Constitution makers." On the argument offered by UCC votaries that it will prevent brutal incidents like Shraddha Walkar case in which her live-in partner Aftab chopped her into pieces and kept them in a fridge, Gupta said, "It is around a decade since registration of marriages was made mandatory. Has it stopped abusive marital relationships or crime against women? Knee-jerk strategies like making laws is never enough prevent crime. What matters is their effective and sustained implementation." However, Mainali praised the UCC for creating common grounds of marriage and divorce across all religions and fixing marriageable age for men and women and treating all children even those born of void and voidable marriages or live-in relationships as legitimate.

"Viewed from the humanitarian angle, these are commendable provisions," he said. PTI ALM ZMN