Table of Contents
THE CONTEXT: The proposal to penalize live-in relationships challenges personal liberties and sparked a nationwide debate on state intervention. The Bill appears regressive and critically tests India’s constitutional and democratic ethos. The judiciary has emphasized privacy, autonomy, and consent.
THE ISSUES:
- Invasion of Privacy and Autonomy: The UCC’s mandatory registration of live-in relationships invades privacy and autonomy, violating the right to privacy under Article 21 of the Constitution. In Justice K.S. Puttaswamy (Retd.) vs Union of India and Ors (2017), the Supreme Court recognized privacy as a fundamental right, including the privacy of personal choices, which the UCC provision infringes upon.
- Formalization of Live-in Relationships: Critics argue that UCC formalizes live-in relationships, undermining their flexibility. Supreme Court recognizes them under Article 21, upholding adults’ freedom to choose life partners as part of their right to autonomy and privacy.
- Potential for Harassment and Moral Policing: UCC’s registration requirement and penalties for non-registration may lead to moral policing and harassment, infringing the right to equality before the law. The provisions may also create a discriminatory environment for those in live-in relationships, contrary to the principle of equality.
- Violation of Constitutional Rights: The Uniform Civil Code’s provisions may violate constitutional rights such as privacy (Article 21), equality (Article 14), and freedom of choice in personal relationships (linked to freedom of speech under Article 19(1)(a)). These articles protect individual autonomy and the right to live free from unwarranted state intervention.
- Misuse of Law and Arbitrary Punishment: Non-registration of live-in relationships may lead to arbitrary punishment, violating Article 14. The Supreme Court has emphasized the importance of non-arbitrariness in state action, holding that equality is antithetical to arbitrariness.
- Impact on Social Norms and Individual Choices: The UCC’s approach to regulating live-in relationships conflicts with the Supreme Court’s recognition of the right to choose one’s life partner and individual autonomy.
THE WAY FORWARD:
- Ensuring Privacy and Autonomy: Eliminate mandatory registration of live-in relationships in Uttarakhand Uniform Civil Code to respect privacy and autonomy. Uphold the right to privacy under Article 21 of the Indian Constitution and implement legal safeguards that protect the privacy and independence of individuals in live-in relationships with voluntary and non-intrusive registration.
- Preserving the Essence of Live-in Relationships: Recognize live-in relationships without imposing marriage formalities, aligning with the Supreme Court’s right to life and personal liberty. Launch awareness campaigns to educate citizens about legal protections without formal registration.
- Preventing Harassment and Moral Policing: Set guidelines for law enforcement to prevent harassment of couples in live-in relationships and strengthen anti-discrimination laws to protect them from societal and legal harassment.
- Upholding Constitutional Rights: It is imperative that we conduct a thorough constitutional examination of the provisions outlined in the UCC to protect the fundamental rights of privacy, equality, and freedom of choice. Additionally, we must advocate for judicial intervention to assess the constitutionality of this legislation.
- Preventing Misuse of Law and Arbitrary Punishment: Implement procedural safeguards against arbitrary punishment and ensure fair penalties for non-registration. Offer legal aid to individuals living in a relationship to ensure access to relevant information and legal recourse.
- Respecting Social Norms and Individual Choices: Involve diverse stakeholders in the policymaking process to ensure that laws reflect and respect the diversity of social norms and individual choices. Foster education and dialogue on the diversity of relationships and family structures to promote a more inclusive society that respects individual choices and freedoms.
THE CONCLUSION:
The legislation challenges India’s Constitution and its fundamental principles. It’s essential to critique it based on constitutional guarantees, personal liberties, and democratic values. Accepting or rejecting the legislation will reflect India’s commitment to protecting citizens’ fundamental rights amidst changing social norms.
UPSC PAST YEAR QUESTIONS:
Q.1 Examine the scope of Fundamental Rights in the light of the K.S. Puttaswamy vs. Union of India judgement. (2019)
Q.2 The Fundamental Rights enshrined in the Indian Constitution have often met with a wide and varied criticism. Analyse. (2022)
MAINS PRACTICE QUESTION:
Q.1 Recent legislative attempts to penalize live-in relationships in India have sparked significant debate on balancing societal morality and individual rights. Critically examine the implications of such legislation on the constitutional rights of privacy, autonomy, and equality before the law.
SOURCE:
https://www.thehindu.com/opinion/op-ed/a-chilling-effect-on-the-freedom-to-love/article67885660.ece
Spread the Word