• UGI USER
  • Feb 26, 2024
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A CHILLING EFFECT ON THE FREEDOM TO LOVE

(A CASE OF  INDIVIDUAL AUTONOMY)

 

Syllabus:

  • GS 2 : Fundamental rights, Directive Principles of State Policy , Government Policies and Interventions.

Why in the News?

  • The Uttarakhand Assembly’s recent passing of the Uniform Civil Code of Uttarakhand Bill, 2024, raises concerns regarding individual freedoms and the right to love.
  • The bill awaits presidential assent to become enforceable law, prompting reflections on its potential implications for personal autonomy and privacy.
Source: Aptiplus
Understanding Uniform Civil Code

About Uniform Civil Code (UCC):

·    A Uniform Civil Code (UCC) proposes a single law applicable to all religious communities in personal matters like marriage, divorce, inheritance, adoption, etc.

·    It aims to replace the current system of fragmented personal laws governing different religious communities’ interpersonal relationships.

Constitution of India on UCC:

·    Article 44 of the Constitution mandates the State to strive for a Uniform Civil Code for all citizens throughout India.

·    Article 44 falls under Directive Principles (Part IV), which are fundamental in governance although not justiciable in courts.

·    These principles guide the State in formulating policies and laws, embodying ideals crucial for the country’s governance.

Important Cases Related to UCC:

Shah Bano Begum v. Mohammad Ahmed Khan (1985):

·    Upheld Muslim woman’s right to maintenance under Section 125 of CrPC.

·    Advocated for UCC to remove ideological contradictions.

Sarla Mudgal v. Union of India (1995):

·    Prohibited Hindu husband from converting to Islam for bigamous marriage.

·    Emphasized UCC’s role in preventing fraudulent conversions.

Shayara Bano v. Union of India (2017):

·    Declared triple talaq unconstitutional, violative of women’s dignity and equality.

·    Recommended Parliament to enact law regulating Muslim marriages and divorces.

Overview of the Uttarakhand UCC Bill 2024:

  • Objective and Scope:
  • The bill proposes a uniform law applicable to all citizens of Uttarakhand, regardless of religion, concerning marriage, divorce, inheritance, and live-in relationships.
  • Matters related to marriage, divorce, inheritance, and adoption are covered, excluding Scheduled Tribes.
  • Provisions Regarding Marriage:
  • Age Requirement: Sets the minimum age for marriage at 21 for boys and 18 for girls.
  • Polygamy Prohibition: Prohibits polygamy, stipulating that neither party can have a living spouse at the time of marriage.
  • Compulsory Registration: Mandates marriage registration, irrespective of existing laws or customs.
  • Provisions Regarding Divorce:
  • Annulment of Marriages: Allows annulment on various grounds, such as non-consummation or coercion.
  • Penalties: Prescribes penalties, including imprisonment and fines, for contravening certain provisions, making practices like triple talaq punishable offenses.
  • Provisions Regarding Inheritance:
  • Biological Children: Recognizes illegitimate, adopted, and children from assisted reproductive technology as biological children.
  • Equal Property Rights: Grants equal property rights to sons and daughters across all classes.
  • Provisions Regarding Live-In Relationships:
  • Mandatory Registration: Requires registration of all live-in relationships within the state’s jurisdiction, solely for record purposes.
  • Termination Process: Partners can terminate the relationship by submitting a statement.
  • Rights Available: Provides rights for maintenance and legitimacy of children born out of such relationships.

Benefits of UCC:

  • Promotes national integration and secularism by fostering a common identity among citizens.
  • Reduces communal conflicts arising from different personal laws.
  • Upholds constitutional values of equality, fraternity, and dignity for all.
  • Ensures gender justice by eliminating discrimination and oppression faced by women under various personal laws.
  • Grants equal rights to women in marriage, divorce, inheritance, adoption, etc.
  • Empowers women to challenge patriarchal practices violating their rights.
  • Simplifies legal system by removing complexities of multiple personal laws.
  • Harmonizes civil and criminal laws, making legal framework more accessible and understandable.
  • Modernizes and reforms outdated practices like triple talaq, polygamy, child marriage, etc.
  • Accommodates changing social realities and aspirations.

Critical features of the Bill:

  • Registration Requirement: The bill mandates live-in partners to submit a statement to the Registrar, who holds the power to examine the relationship and conduct inquiries.
  • Infringement of Privacy Rights: Raises concerns about infringement of privacy rights recognized under Article 21 of the Indian Constitution.
  • Exclusion of LGBT Community: Criticizes the exclusion of the LGBT community and those in non-heterosexual relationships from the bill’s ambit.
  • Criminalization Clause: Failure to comply with the registration requirement may result in imprisonment or fines, effectively criminalizing consensual relationships and infringing upon individual autonomy.
  • Police Involvement: The Registrar is empowered to inform the police of live-in relationships, further heightening concerns about state intervention in personal affairs.
  • Surveillance Misuse: Warns against potential misuse of surveillance enabled by the bill to harass interfaith and inter-caste couples.

Concerns/ Challenges:

Impact on Live-in Relationships:

  • Chilling Effect: The bill imposes a chilling effect on live-in partners, discouraging genuine relationships due to the fear of civil and criminal consequences.
  • Restriction on Intimacy: The one-month limit for registration restricts intimacy and undermines the freedom of individuals to make personal choices, violating the right to a dignified life under Article 21 of the Constitution.

Unprincipled Criminalization:

  • Policy Concerns: Criminalizing consensual relationships reflects unprincipled criminalization, wherein moral prejudices dictate legal sanctions.
  • Comparison with Adultery Law: The previous law on adultery, struck down by the judiciary, similarly criminalized consensual relations, infringing upon individual autonomy and privacy rights.

Risk of Discrimination:

  • Vulnerability of Inter-caste and Inter-religious Couples: The bill’s regulatory provisions pose a threat to vulnerable couples, particularly inter-caste and inter-religious partners, who may face harassment and discrimination.
  • Violation of Constitutional Rights: By impeding on autonomy, privacy, and equality, the bill violates fundamental constitutional rights and undermines the principles of democracy.

Way Forward ( For UCC across India)

Striking a Balance:

  • Eliminate practices not meeting constitutional standards, ensuring alignment with gender justice goals.
  • Avoid contributing to reactive culturalism, promote substantive equality.

Unity and Uniformity:

  • UCC should reflect India’s multiculturalism while preserving diversity.
  • Prioritize unity over uniformity, accommodating cultural differences within constitutional framework.

Discussion and Deliberations with Stakeholders:

  • Involve religious leaders, legal experts, and community representatives in UCC development.
  • Ensure diverse perspectives are considered for fair and legitimate implementation.

Muslim Personal Law Reform:

  • Muslim clergy should lead reform process by identifying discriminatory issues and considering progressive views.

Conclusion:

The Uttarakhand Uniform Civil Code Bill 2024 represents a significant threat to individual autonomy and the freedom to love. Its mandatory registration requirement and criminalization clauses infringe upon personal freedoms and may lead to discrimination against vulnerable couples. Upholding constitutional rights and principles of democracy is crucial in safeguarding individual autonomy and privacy in personal relationships.

Source:

https://www.thehindu.com/opinion/op-ed/a-chilling-effect-on-the-freedom-to-love/article67885660.ece#:~:text=The%20danger%20of%20greater%20discrimination,honour%20killings%2C%20as%20data%20show.

Mains Practice Question:

Critically analyze the implications of the Uttarakhand Uniform Civil Code Bill 2024 on individual autonomy and privacy rights in personal relationships, and discuss the challenges and way forward for the implementation of a Uniform Civil Code across India.