When the state encroaches on individual privacy, it sparks debate and conflict.
In February, the Uttarakhand Assembly approved the Uniform Civil Code Bill, making it the first legislation in an Indian state to propose uniform regulations for aspects like marriage, divorce, inheritance, and – controversially – live-in relationships across all religions.
Although discussions about a uniform civil code are not new, implementing it in a diverse society like India presents several challenges. A major critique is the potential infringement on personal choice and autonomy.
Live-in relationships, which have garnered acceptance and legal recognition as a valid lifestyle choice, could encounter increased regulation and surveillance under the code. This interference violates individuals’ right to privacy and freedom of association, reinforcing conservative social norms that label certain relationships as morally unacceptable.
The code must be viewed within the context of evolving legal frameworks where laws on conversion and “freedom of religion” scrutinize religious conversions related to marriage, particularly conversions to Islam.
By mandating the registration and investigation of live-in relationships by the registrar, the state positions itself as a guardian or parental figure, as seen in cases like Hadiya vs. the State of Kerala.
Registering live-in relationships is part of the state’s effort to regulate love. Requiring couples to undergo investigation and submit forms for intending to enter a live-in relationship appears burdensome not only for the couples but also for the overstretched resources of the state.
The government’s motivation is to project efficiency and portray itself as a protector for women, particularly Hindu women, whom they perceive as inherently vulnerable, lacking the ability to make rational personal choices, and in need of safeguarding. It also enables the state to monitor citizens, especially those in unconventional relationships like interfaith and inter-caste romances.
Deeper State: Surveillance and Moral Policing
The Uniform Civil Code is a tool for the state to approve romantic relationships beyond the consent of individuals.
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