Register Under UCC Within 48 Hours: Uttarakhand HC Imposes Condition While Granting Police Protection To Inter-Faith Live-In Couple

A Division Bench of Justice Manoj Kumar Tiwari and Justice Pankaj Purohit directed, “we dispose of the writ petition by providing that if petitioners apply for registration under the aforesaid Act within 48 hours, the SHO, PS Dalanwala, Dehradun shall provide adequate protection to petitioners for a period of 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, SHO concerned shall look into the threat perception to petitioners and take appropriate action, as deemed necessary”

The Court, citing the Supreme Court's precedent in Lata Singh v State of UP, which protects inter-faith couples, ordered the local police to ensure their safety for six weeks.

Advocate Mohd Matlub appeared for the petitioners, while Advocate General JS Virk appeared for the Respondent.

Under Section 378 of the Uniform Civil Code, Uttarakhand, 2024, partners in a live-in relationship are mandated to submit a statement of their relationship to the relevant Registrar. During the proceedings, the State's counsel highlighted this requirement, noting that the couple had not yet complied. The petitioners' counsel assured the court that they would apply for registration as per the provisions of the UCC.

In response to these assurances, the High Court directed the couple to promptly register their relationship under the UCC. The protection from the police, as ordered, is contingent upon their compliance with this registration requirement. After the initial six weeks, the police are instructed to assess any ongoing threat to the couple and take necessary actions accordingly.

Cause Title: Kiran & Anr. v. State of Uttarakhand

Appearance:

Respondent: Advocate General JS Virk and Advocate RK Joshi