Font size:
Print
Uniform Civil Code in Uttarakhand
Context:
On January 27, 2025, Uttarakhand became the first Indian state to implement the Uniform Civil Code (UCC), bringing personal relationships under state surveillance.
More on News
- While the government claims that the move aims to promote gender justice, create uniformity, and streamline administration, its implications extend far beyond these stated objectives.
- When viewed alongside existing anti-conversion laws, the UCC appears to be part of a broader legal framework that seeks to regulate interfaith relationships, effectively restricting social and romantic interactions between religious communities.
New Hurdles for Interfaith Couples
- Societal Resistance: Interfaith marriages in India already face significant societal resistance.
- A 2014 survey of 70,000 respondents revealed that less than 10% of urban Indians had a family member who married outside their caste, and interfaith marriages were even rarer—only 5% of respondents reported having a family member who married outside their religion.
- Administrative Obstacles: The Special Marriage Act (SMA), 1954, which provides a legal framework for interfaith unions, includes administrative obstacles such as a mandatory 30-day notice period, leaving couples vulnerable to public scrutiny and interference.
- Anti-Conversion Laws: Meanwhile, anti-conversion laws, enforced in states like Uttar Pradesh, Uttarakhand, and Rajasthan, have further criminalised religious conversion for marriage, making it even more difficult for interfaith couples to navigate legal hurdles.
- These laws introduce a bureaucratic maze—mandatory declarations, waiting periods, and approvals from district magistrates—that deter religious conversions for marriage.
- Additionally, they have empowered vigilante groups, often linked to right-wing organisations, to police and harass interfaith couples.
- A report from a news portal found that 63 out of 101 police complaints invoking the U.P. anti-conversion laws against Christians were filed by third-party vigilante groups, rather than the individuals allegedly affected.
Live-in Relationships Under State Scrutiny
- With the introduction of the UCC, even informal relationships are now under government surveillance.
- Live-in relationships must be registered with district authorities, requiring couples to submit a 16-page application along with official documentation such as Aadhaar cards and proof of residence.
- Approval must also be sought from “religious leaders or community heads”, and families must be officially notified.
- Failure to comply with this regulation can result in up to six months in prison and a fine of ₹25,000.
- This legal scrutiny makes it extremely difficult for couples—particularly interfaith couples—to cohabit freely.
- Unsurprisingly, only one couple has successfully registered a live-in relationship in Uttarakhand, while others have sought legal protection from the High Court.
- Meanwhile, reports indicate that members of vigilante groups have obtained access to live-in registration details, raising concerns about potential harassment and intimidation.
A System of Social Segregation?
The combined effect of the UCC and anti-conversion laws is the creation of a legal framework that enforces religious segregation. This system operates in three key ways:
- Strengthening Religious Institutions: Both the UCC and anti-conversion laws reinforce the authority of religious leaders over personal relationships.
- By requiring religious certification for conversions and live-in registrations, these laws effectively formalise the role of religious institutions in a secular democracy.
- This contradicts constitutional guarantees of individual freedom, reinforcing the notion that relationships must conform to community norms rather than personal choice.
- Restricting Women’s Autonomy: These laws disproportionately impact women, who already face pressure from families and communities when entering interfaith relationships.
- By mandating family notifications for live-in relationships, the UCC exposes women to greater risks of coercion, violence, and honour-based crimes.
- Women in interfaith unions are often portrayed as victims of manipulation, stripping them of agency and reinforcing patriarchal control over their choices.
- Legalising Vigilantism: By imposing public notices and bureaucratic approval processes, the UCC and anti-conversion laws enable right-wing vigilante groups to monitor, report, and harass interfaith couples.
- When a couple seeks to register a live-in relationship or convert for marriage, these groups are often the first to be alerted, using legal mechanisms as a tool for intimidation.
A Dangerous Precedent
- Institutionalised Segregation: At a time when hate speech and religious polarisation are on the rise, these legal measures institutionalise segregation, preventing interfaith relationships at all levels.
- Historical Examples: Historical parallels can be drawn to regimes such as apartheid-era South Africa and Nazi Germany, where laws prohibited inter-racial marriages and reinforced state-sponsored segregation.
A Model for Other States?
- The implementation of the UCC in Uttarakhand may serve as a blueprint for other states.
- The Rajasthan High Court recently considered making live-in relationship registration mandatory, closely mirroring Uttarakhand’s approach.
- The Rajasthan Assembly has also enacted an anti-conversion law, while Gujarat is contemplating a draft UCC based on similar principles.
Battle for Personal Freedom
- Love and faith are deeply personal experiences, shaped by individual beliefs and choices.
- However, these legal developments threaten individual freedom and undermine the pluralistic fabric of Indian society.
- If these trends continue, the ability to freely choose one’s partner—without state interference—may become a privilege rather than a fundamental right.
