Uttarakhand HC Grants Interfaith Live-In Couple Protection Subject To Registration Of Relationship

New Delhi: The Uttarakhand High Court, in the first such case after the implementation of the Uniform Civil Code (UCC) in the state, ordered grant of police protection to an interfaith couple in a live-in relationship on condition that they would register their relationship under the UCC within 48 hours. This came after the interfaith couple approached the Court seeking protection from the family of the girl. The petitioners claimed that they are an interfaith couple in a live-in relationship and were being threatened by the girl's parents and brother.

The court responded to the petition from a 26-year-old Hindu woman and a 21-year-old Muslim man who were in a live-in relationship. They sought protection due to threats from the woman's family. The State Counsel cited Section 378(1) of the Uttarakhand Uniform Civil Code, which mandates registration of live-in relationships within the state. Failure to register within a month carries penalties under Section 387(1).

The court ruled that if the petitioners applied for registration within 48 hours, the police must protect them for six weeks from threats. After this period, the police will reassess the threat and act accordingly. Advocate Mohd Matlub, representing the couple, mentioned challenges in registering such relationships in Uttarakhand. He noted their compliance with the court's decision while asserting the constitutional right to life and personal liberty under Article 21, questioning any laws conflicting with this principle.

It was also pointed out that in case partners in a live-in relationship do not get their relationship registered within a month from the date of entering into such a relationship, they shall be liable to punishment under Section 387(1) of the Act.

“We dispose of the writ petition by providing that if petitioners apply for registration under the aforesaid Act within 48 hours, the SHO shall provide adequate protection to the petitioners for six weeks to ensure that no harm is caused to them from the private respondents or any other person acting on their behest. Upon expiry of six weeks, the SHO concerned shall look into the threat perception to the petitioners and take appropriate action, as deemed necessary,” said the Bench of Justice Manoj Kumar Tiwari and Justice Pankaj Purohit.

Matlub said he could not comment on the court’s verdict and would comply with it. However, he emphasised that Article 21 of the Constitution guarantees the right to protection of life and personal liberty to everyone, and any provision that contradicts the Constitution is inherently void. “The petitions challenging the UCC are pending before the Supreme Court,” he said.