Fencing out interfaith relationships in the new India

Uttarakhand became the first state in India to implement the Uniform Civil Code (UCC), a move that has sparked debates about the regulation of private relationships under state surveillance. While proponents argue it restores gender justice and uniformity, critics believe it paves the way for further segregation of communities and intrusion into personal freedoms. The UCC, when combined with anti-conversion laws, especially in interfaith marriages, raises significant concerns regarding individual liberty and social harmony.

Increased Legal Hurdles for Interfaith Relationships:

• Social and Legal Barriers: Interfaith marriages in India already face immense social obstacles, with a survey revealing that only a small percentage of urban Indians have family members involved in such unions. The Special Marriage Act, though secular, comes with bureaucratic hurdles, including mandatory notice periods, adding layers of scrutiny for couples.
• Criminalization of Religious Conversion: In states like Uttar Pradesh and Uttarakhand, anti-conversion laws add legal pressure by criminalizing religious conversion for the purpose of marriage. These laws deter interfaith couples from pursuing their relationships legally, often subjecting them to police scrutiny and harassment.
• Rise of Vigilantism: Anti-conversion laws have emboldened vigilante groups to take the law into their own hands. These groups often target interfaith couples, especially Hindu-Muslim couples, and the police sometimes provide legal cover for such extrajudicial actions, worsening the situation.

Surveillance and Control in Live-in Relationships:

• Mandatory Registration: Under the UCC, live-in relationships in Uttarakhand are required to be registered with district authorities. Couples must submit a detailed 16-page application with documentation like Aadhaar cards and proof of residence, along with approval from religious leaders and family members.
• Impact on Privacy and Freedom: This extensive documentation and approval process invades the privacy of individuals and subjects them to community and family oversight. Failure to register can lead to legal consequences, including fines and imprisonment, further discouraging people from pursuing informal relationships freely.
• Interference by Vigilante Groups: With the legal requirement for public notices and family notifications, right-wing vigilantes can target interfaith couples, often gaining access to private information. This surveillance mechanism gives vigilantes a legal platform to harass couples and disrupt their lives under the pretext of upholding tradition.

Institutionalizing Social Apartheid and Religious Segregation:

• Strengthening Religious Institutions: Both the UCC and anti-conversion laws reinforce the authority of religious leaders over personal relationships, directly contradicting the secular foundation of India’s democracy. The involvement of religious figures in private matters contradicts the constitutional guarantee of individual freedom and personal choice.
• Vulnerable Women: The laws disproportionately affect women, subjecting them to further coercion and control, especially in interfaith relationships. By notifying families about live-in relationships, the UCC increases the risk of honour-based violence and reinforces patriarchal control over women's choices.
• Legal Cover for Vigilantism: The UCC and anti-conversion laws provide legal protection for vigilante groups that monitor and harass interfaith couples. Such groups are often the first to receive information about a couple's relationship, which can be used as a basis for harassment and intimidation, thereby fostering societal division.

Practice Question:

Q. Critically analyze the implications of the Uniform Civil Code (UCC) implemented in Uttarakhand on personal relationships, particularly interfaith marriages and live-in relationships. Discuss the impact of such laws on individual freedoms and social cohesion in a pluralistic society.