PIL Filed Against Uttarakhand Civil Code, Citing Marriage & Privacy Violations

A Public Interest Litigation (PIL) has been filed in the Uttarakhand High Court challenging the Uniform Civil Code (UCC) Uttarakhand 2024, arguing that certain provisions violate fundamental rights, particularly in matters of marriage, divorce, and live-in relationships.

This challenge comes after Uttarakhand became the first Indian state to implement UCC, following the President’s assent to the law on January 27, 2025. The petition, filed by advocate Aarushi Gupta, contends that the Code discriminates against Muslims and the LGBTQ community, infringing upon their constitutional rights.

Key Issues Raised in the Petition

Marriage and Divorce Provisions

• The UCC ignores Muslim personal laws and imposes Hindu Marriage Act restrictions on the Muslim and Parsi communities.
• Example: Certain marriages permissible under Islamic law (e.g., between cousins) are prohibited under the UCC.
• Violation: Article 25 (freedom of religion) of the Indian Constitution.

Live-In Relationship Restrictions

• The UCC defines live-in relationships as only between a biological man and woman, effectively excluding LGBTQ couples from registering their relationships.
• The punishment for non-compliance in live-in relationships is deemed arbitrary and excessive.
• The law does not define a minimum cohabitation period, raising ambiguities in enforcement.
• Violation: Articles 14 (equality before law) and 21 (right to privacy).

Restrictions on Polygamy

• The UCC allows only “statutorily permitted polygamous marriages”, but no Indian law currently permits polygamy.
• This directly affects Muslim men, for whom polygamy is allowed under religious customs.
• Violation: Article 14 (right to equality).

Privacy Concerns & Arbitrary Powers to Registrar

• The Registrar can investigate individuals suspected of being in live-in relationships, violating privacy rights.
• Individuals must declare past live-in relationships, which violates their right to privacy.
• The definition of “resident” in UCC includes non-permanent residents, creating ambiguity about who the law applies to.
• Violation: Article 21 (right to privacy).

Petition’s Core Arguments

1. Discriminates Against Religious & Gender Minorities: UCC disregards personal laws and LGBTQ rights.
2. Imposes Unreasonable Restrictions: Certain prohibited marriage rules conflict with customary laws.
3. Violates Privacy & Individual Autonomy: The live-in registration process intrudes on personal freedoms.
4. Lacks Clarity in Implementation: No clear guidelines on timeframes for live-in relationships.

Legal Battle Ahead

The Uttarakhand High Court will now decide whether these provisions violate constitutional rights. The case will likely set a legal precedent for future UCC implementations in other states.