The Bharatiya Janata Party-led Uttarakhand government on Tuesday introduced the Uniform Civil Code Bill, which seeks to “govern and regulate the laws related to marriage and divorce, succession, live-in relationships, and related matters”.
The code formulates a set of uniform regulations on private concerns for all communities in the north Indian state, from regulating live-in relationships to specifying the minimum age at which one can get married.
Chief Minister Pushkar Singh Dhami tabled the Uniform Civil Code (UCC) Bill in the special session of the state Assembly. After the Bill is passed by the Assembly, Uttarakhand will become the first state in the country to implement UCC.
The Uttarakhand UCC Bill has drawn criticism for alleged breach of privacy over penal provisions of live-in relationships. Let's take a look at what the Uttarakhand UCC has to say about live-in relationships.
Uttarakhand UCC mandate on live-in relationship
The UCC Bill makes it mandatory for couples in a live-in relationship to register with the state government, similar to marriage registration.
“It shall be obligatory for partners to a live-in relationship within the State, whether they are residents of Uttarakhand or not, to submit a statement of live-in relationship under sub-section (1) of Section 381 to the Registrar within whose jurisdiction they are so living,” the UCC Bill reads.
Moreover, it states that any resident of the state staying in a live-in relationship outside the territory of the state may “submit a statement of live-in relationship under sub-section (1) of Section 381 to the Registrar within whose jurisdiction such resident(s) ordinarily resides”.
The Bill states that any child of a live-in relationship shall be a legitimate child of the couple.
As per the UCC Bill, live-in couples will have to mandatorily register themselves with the district officials, while those below the age of 21 will need parental consent.
Procedure
The procedure for doing so is also mandated, where partners living together or persons intending to enter into a live-in relationship will be required to submit a statement of live-in relationship to the Registrar.
Later, the Registrar will examine the contents of the statement of live-in relationship by conducting a summary inquiry that it does not fall under any categories mentioned under Section 380, which includes - “where at least one of the persons is a minor” or “where at least one of the persons is married or is already in a live-in relationship”.
Penalties for failure to register live-in relationships
The Uniform Civil Code Bill also states that live-in relationships must be registered within a month of the couple living together. If a couple fails to do so, then it could lead to a jail term of up to three months or a fine of up to ₹10,000 or both.
If a person is found making any averment in the statement of a live-in relationship that is false, it will be punishable with imprisonment for a term which may extend to three months, or with a fine of up to ₹25,000, or both.
Moreover, if the live-in partners fail to submit the statement despite receiving notice, then they can be jailed for up to six months or will be liable to pay a fine of up to ₹25,000, or both.
If the district registrar rejects the registration of a live-in relationship, they must give their reasons in writing. Also, it states that a woman who has been “deserted by her live-in partner” can claim maintenance.
Supreme Court judgements on live-in relationships
While there is no law specifically addressing live-in relationships, the Supreme Court has recognised it on a case-to-case basis in a few landmark judgments.
The apex court already has upheld certain rights of couples in live-in relationships. Also, it has allowed inheritance rights and the status of "legal heirs" to the children born to couples in live-in relationships. In a 2010 judgment, the Supreme Court said that the children born out of the live-in relationship are legal and upheld their inheritance rights.
The code formulates a set of uniform regulations on private concerns for all communities in the north Indian state, from regulating live-in relationships to specifying the minimum age at which one can get married.
Chief Minister Pushkar Singh Dhami tabled the Uniform Civil Code (UCC) Bill in the special session of the state Assembly. After the Bill is passed by the Assembly, Uttarakhand will become the first state in the country to implement UCC.
The Uttarakhand UCC Bill has drawn criticism for alleged breach of privacy over penal provisions of live-in relationships. Let's take a look at what the Uttarakhand UCC has to say about live-in relationships.
Uttarakhand UCC mandate on live-in relationship
The UCC Bill makes it mandatory for couples in a live-in relationship to register with the state government, similar to marriage registration.
“It shall be obligatory for partners to a live-in relationship within the State, whether they are residents of Uttarakhand or not, to submit a statement of live-in relationship under sub-section (1) of Section 381 to the Registrar within whose jurisdiction they are so living,” the UCC Bill reads.
Moreover, it states that any resident of the state staying in a live-in relationship outside the territory of the state may “submit a statement of live-in relationship under sub-section (1) of Section 381 to the Registrar within whose jurisdiction such resident(s) ordinarily resides”.
The Bill states that any child of a live-in relationship shall be a legitimate child of the couple.
As per the UCC Bill, live-in couples will have to mandatorily register themselves with the district officials, while those below the age of 21 will need parental consent.
Procedure
The procedure for doing so is also mandated, where partners living together or persons intending to enter into a live-in relationship will be required to submit a statement of live-in relationship to the Registrar.
Later, the Registrar will examine the contents of the statement of live-in relationship by conducting a summary inquiry that it does not fall under any categories mentioned under Section 380, which includes - “where at least one of the persons is a minor” or “where at least one of the persons is married or is already in a live-in relationship”.
Penalties for failure to register live-in relationships
The Uniform Civil Code Bill also states that live-in relationships must be registered within a month of the couple living together. If a couple fails to do so, then it could lead to a jail term of up to three months or a fine of up to ₹10,000 or both.
If a person is found making any averment in the statement of a live-in relationship that is false, it will be punishable with imprisonment for a term which may extend to three months, or with a fine of up to ₹25,000, or both.
Moreover, if the live-in partners fail to submit the statement despite receiving notice, then they can be jailed for up to six months or will be liable to pay a fine of up to ₹25,000, or both.
If the district registrar rejects the registration of a live-in relationship, they must give their reasons in writing. Also, it states that a woman who has been “deserted by her live-in partner” can claim maintenance.
Supreme Court judgements on live-in relationships
While there is no law specifically addressing live-in relationships, the Supreme Court has recognised it on a case-to-case basis in a few landmark judgments.
The apex court already has upheld certain rights of couples in live-in relationships. Also, it has allowed inheritance rights and the status of "legal heirs" to the children born to couples in live-in relationships. In a 2010 judgment, the Supreme Court said that the children born out of the live-in relationship are legal and upheld their inheritance rights.
First Published: Feb 7, 2024 1:52 PM IST
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