Dehradun: The Uttarakhand high court on Wednesday issued notices to the Union and state governments, seeking their responses within six weeks on a petition challenging various provisions of the Uniform Civil Code (UCC), which was implemented in the Himalayan state on January 27. The court’s move followed submissions by both Centre and the state defending the law, particularly its regulation of marriages among close relatives and its provisions for live-in relationships.
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A bench comprising chief justice G Narendar and justice Ashish Naithani issued the notices while hearing the petition filed by Dehradun-based Almasuddin Siddiqui and Haridwar-based Ikram. The petitioners, belonging to the Muslim community, have challenged the UCC’s provisions on marriage, divorce, iddat and inheritance, contending that they interfere with essential religious practices protected under Article 25 of the Constitution.
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Solicitor general Tushar Mehta, appearing for the state and the Centre, argued that UCC does not discriminate as it excludes Scheduled Tribes in accordance with constitutional provisions.
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Addressing the petitioners’ contention that the UCC unlawfully prohibits marriages within the Muslim community’s accepted degrees of relationship, Mehta contended that such marriages among close relatives should be regulated by law and prohibited in any civilised society.
“The law defines degrees of prohibited relationships to prevent marriages between close family members, such as between a man and his mother, stepmother, daughter, or son’s widow. The petitioner must establish a fundamental right to marry a sibling to challenge such a provision,” Mehta asserted.
The petitioners’ counsel, Kartikey Hari Gupta, argued that under Islamic law, marriages between relatives, such as a man marrying his mother’s sister’s daughter or mother’s brother’s daughter, are permissible. However, the Union and Uttarakhand governments maintained that the regulation of such marriages under the UCC aligns with broader societal norms and legal principles.
Another key contention in the petition was the UCC’s requirement for mandatory registration of live-in relationships, with penal consequences for non-compliance. The petitioners argued that this provision violates the right to privacy guaranteed under Article 21 of the Constitution.
Countering this, Mehta contended that live-in relationships are not prohibited under the UCC but merely regulated to protect the rights of women and children. “Experience has shown that in unregistered live-in relationships, men often abandon their partners, leaving women destitute and children without legal recognition. The registration requirement ensures that children born out of such relationships are legitimate and that deserted women can seek maintenance from the competent court,” the law officer said.
The petitioners argued that following Quranic verses and their principles constitutes an “Essential Religious Practice” (ERP) for Muslims and is protected under Article 25. They contended that the UCC arbitrarily abrogates customs related to marriage, divorce, and inheritance, thus infringing upon their fundamental rights.
Additionally, they alleged that the law violates Article 245 by extending its application beyond Uttarakhand’s jurisdiction and that exempting Scheduled Tribes from its ambit creates an arbitrary distinction among citizens.
After hearing the arguments, the court issued notices to the Centre and the state government, directing them to file their responses within six weeks. However, it did not grant a stay on the implementation of UCC. The matter is now scheduled for further hearing after the submission of government replies.
Gupta said the high court has clubbed his petition with another plea filed by Bhimtal resident Suresh Singh Negi challenging some provisions of the UCC.
On January 27, Uttarakhand became the first state in independent India to implement a UCC, which governs personal laws, including marriage and live-in relationships, across communities. The law mandates registration of live-in partnerships and applies to residents and non-residents alike, including foreign nationals residing in the state.
(With inputs from Delhi legal bureau)