Today, the State Government informed the Uttarakhand High Court that the provision in the State's Uniform Civil Code (UCC) mandating the registration of live-in relationships through Aadhaar and requiring proof of past relationships serves a distinct purpose and is not intended to collect individuals' private or personal information.
Solicitor General Tushar Mehta, representing both the state and Union Governments, appeared before a bench comprising Chief Justice G. Narendar and Justice Ashish Naithani.
He requested additional time to file a reply, proposing a solution that could address the concerns of both the court and the petitioner.
“I will look into (the concerns) and will file an affidavit showing relevance (of seeking such details) and see what can be done…I'll suggest something…the purpose is different; we don't want any personal or private details to be recorded. I will ensure that it happens to your lorships' judicial satisfaction. Mr. Ramchandran may not worry, I am before the Court...When I say I am before the Court, it has a meaning,” SG Mehta submitted orally.
He was responding to a petition filed by Samarth Aniruddha Bhagwat, represented by Senior Advocate Raju Ramachandran and Advocate Shahrukh Alam, challenging the provision in the UCC that mandates the registration of live-in relationships.
The petition specifically contests the inclusion of Form 3 in the UCC rules, which requires registrants to disclose details of their previous relationships. By extension, the plea also challenges requirements such as the submission of Aadhaar cards containing complete personal details, including addresses.
Appearing before the Uttarakhand High Court on Tuesday (February 18), Senior Counsel Raju Ramachandran argued that Form 3 requires an extensive amount of information, including details of previous live-in partners and divorce decrees, among other particulars.
“The relevancy of the said information must be gone into. The Form also provides for stipulations like providing the Aadhar cards, containing the complete details, including address. If that be so, the relevancy of the other information needs to be looked into as the Aadhaar card possesses all information, including biometrics,” the High Court had recorded Ramchandran's arguement.
Taking note of the petitioner's submissions, the bench had sought instructions in the matter. In response to the court’s direction, Solicitor General Tushar Mehta appeared before the court today. Additionally, the division bench issued a notice in a separate petition filed by Razia Baig and others, represented by Senior Advocate M.R. Shamshad, challenging the UCC on the grounds that it contravenes Sharia law. The court tagged this petition along with other pending challenges to the UCC.
The matter will now come up for a hearing next on April 1.
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