No violation of privacy in UCC, claims of 'state surveillance' absurdity: Govt to HC

The state government has submitted a 78-page counter affidavit to the Uttarakhand high court, in response to the points raised in a bunch of petitions challenging various provisions of the Uniform Civil Code of Uttarakhand Act, 2024, especially related to live-in relationships, privacy, applicability of UCC outside the jurisdiction of the state and legality of various provisions.

- Neeraj Santoshi

DEHRADUN:

In its affidavit submitted to HC on Tuesday, which came to public domain on Wednesday, the state government stated that the allegations of linkages of Aadhaar leading to state surveillance was an absurdity based on mere conjectures, adding that UCC valued individual rights and equality over archaic customary practices.

All petitions related to the UCC, which was implemented in the state on January 27, has been scheduled to be heard by the HC on April 22, said a lawyer representing one of the petitioners.

On UCC being a case of extraterritorial legislation, the affidavit said being a resident of Uttarakhand was sufficient ground for the applicability of the law. "This is not extra-territorial legislation but only a case of extraterritorial application of a territorial law. State Legislature may make laws having extra territorial application provided there is a real and substantial territorial nexus between the State and the subject of the law," it said.

On one of petitions challenging Section 385(2) of the UCC Act which grants the Registrar the authority to initiate appropriate action by the local police if the live-in relationship is deemed barred or statements made by live-in couples are found to be incorrect or suspicious, the affidavit pointed out that the petitioner has claimed that contours of "suspicion" and "appropriate action" remain undefined, allowing for police action to be initiated on arbitrary grounds.