Systematic Regulation Of Personal Relationships

Context: Uttarakhand became the first Indian State to implement the Uniform Civil Code (UCC), placing private relationships under state surveillance.

Hurdles Faced by Interfaith and Live-in Couples

Legal and Bureaucratic Barriers

• The Special Marriage Act, 1954 (SMA) already had a 30-day mandatory notice period, making interfaith marriages a public affair, often exposing couples to harassment.
• The UCC in Uttarakhand now mandates live-in relationships to be registered, requiring multiple documents, religious approvals, and parental notifications.
• The failure to register a live-in relationship can lead to six months of imprisonment and a ₹25,000 fine.

Anti-Conversion Laws as an Additional Hurdle

• Several states, including Uttar Pradesh, Uttarakhand, and Rajasthan, have enacted anti-conversion laws that require prior government approval for religious conversion for marriage.
• These laws impose declarations, waiting periods, and district magistrate approvals, making religious conversion for marriage legally cumbersome.
• They provide a legal shield for vigilante groups to harass and criminalize interfaith couples under the guise of protecting religion.

Involvement of Religious Leaders and Families

• The requirement for approval from religious leaders or community heads contradicts secular principles, as personal relationships are now regulated by religious norms.
• Parents and guardians are informed about live-in relationships, making couples—especially women—vulnerable to family pressure, honour-based violence, and coercion.

Vigilante Surveillance and Societal Policing

• The legal requirement to notify authorities and families before an interfaith marriage or live-in relationship emboldens vigilante groups.
• A news portal found that 63 out of 101 police complaints filed under the P. anti-conversion law were initiated by third-party vigilantes, not affected individuals.
• Bajrang Dal leaders have openly admitted to having access to live-in relationship registrations, enabling targeted harassment.

A Form of Apartheid

The combination of UCC, anti-conversion laws, and bureaucratic hurdles effectively creates systematic segregation of communities, akin to apartheid-era policies.

Legal Institutionalization of Segregation

• Just as apartheid South Africa had laws preventing interracial marriages, these legal measures make interfaith relationships nearly impossible.
• Interfaith couples must undergo excessive scrutiny, approvals, and surveillance, ensuring that religious communities remain separate.

Strengthening Religious and Patriarchal Control

• Religious leaders are given legal authority over personal relationships, reinforcing traditional structures in a supposed secular democracy.
• Women are treated as passive victims rather than individuals with autonomy, increasing family and societal control over their choices.

State-Sanctioned Vigilantism

• Legal requirements such as public notices, parental notifications, and approvals give vigilante groups a direct mechanism to intervene and police relationships.
• This creates a climate of fear, discouraging interfaith relationships.

Blueprint for Widespread Implementation

• States like Rajasthan and Gujarat are considering similar UCC models and stricter anti-conversion laws.
• This legal framework is setting a precedent for formalizing social divisions, undermining India’s constitutional pluralism and secularism.

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