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Petition in Uttarakhand HC challenges live-in registration through Aadhaar

The petition filed by Samarth Aniruddha Bhagwat though Senior Advocate of Supreme Court Raju Ramachandran on Tuesday challenged Form 3 in the UCC rules which seeks information on previous relationships of registrants.

UCC, Uniform Civil Code, Uttarakhand UCC, Uttarakhand High Court, Uttarakhand HC on UCC, live in relationships, UCC live in relationshipsOn Monday, hearing a writ petition challenging the UCC provisions governing live-in relationships, the Uttarakhand High Court observed: “...you are brazenly living together without there being a marriage… What is the privacy that is being invaded?”

A petition has been filed in the Uttarakhand High Court challenging various provisions of the Uniform Civil Code (UCC) pertaining to compulsory registration through Aadhaar and the requirement to submit proof of previous relationships.

The petition filed by Samarth Aniruddha Bhagwat though Senior Advocate of Supreme Court Raju Ramachandran on Tuesday challenged Form 3 in the UCC rules which seeks information on previous relationships of registrants.

Seeking interim relief, Ramachandran stated that the provisions, including compulsory registration of live-in relationships, the empowerment of the registrars, notice on non-registration of live-in relationships, and offences for non-registration, be looked into. The petition also challenged the provision seeking submission of a statement for registering a live-in relationship, sharing of information with the local police station and clause on fine and imprisonment and the “shared household” mandate to live together.

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Form 3 seeks voluminous information, including details of previous live-in-partners, decree of divorce etc, Ramachandran said.

“…The Form also provides for stipulations like providing the Aadhar cards, containing the complete details, including address. If that be so, the relevancy of the other information needs to be looked into as the Aadhaar card possesses all information including biometrics,” the senior advocate said.

According to the UCC rules, providing proof of previous relationships is compulsory. This would include a final decree of divorce, final decree of nullity of marriage, death certificate of spouse, and certificate of terminated live-in relationship.

The Division Bench of Chief Justice G Narender and Ashish Naithani heard the matter and the Additional Chief Standing Counsel sought time to look into the complaint. The matter has been listed for February 21.

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On Monday, hearing a writ petition challenging the UCC provisions governing live-in relationships, the Uttarakhand High Court observed: “…you are brazenly living together without there being a marriage… What is the privacy that is being invaded?”

Aiswarya Raj is a correspondent with The Indian Express covering Uttarakhand. An alumna of Asian College of Journalism and the University of Kerala, she started her career at The Indian Express as a sub-editor in the Delhi city team. In her previous position, she covered Gurugaon and its neighbouring districts. She likes to tell stories of people and hopes to find moorings in narrative journalism. ... Read More

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