Uttarakhand’s recent move to implement a Uniform Civil Code (UCC) has significant implications for live-in relationships within the state. Chief Minister Pushkar Singh Dhami tabled the 2024 bill, outlining various provisions that regulate the registration and dynamics of live-in partnerships.
Registration Mandate:
Under the proposed UCC, live-in partners, irrespective of their residency status, are obliged to register their relationship with district officials. Failure to comply may result in imprisonment. The bill aims to establish a formal framework for acknowledging and recording live-in relationships within the jurisdiction.
Protection of Minors:
One notable aspect of the bill is the prohibition of registering live-in relationships involving at least one minor partner. If either partner is below the age of 21, the registrar is required to inform their parents or guardians. This provision reflects a commitment to safeguarding the rights and well-being of minors in such unions.
Consent and Legal Consequences:
The bill also addresses concerns related to consent. Live-in relationships secured through force, coercion, undue influence, misrepresentation, or fraud concerning the partner’s identity will not be eligible for registration. This ensures that the foundation of such partnerships is built on genuine and voluntary agreement.
Penalties for Non-Registration:
The bill introduces penalties for those staying in a live-in relationship for more than a month without registration. Offenders may face imprisonment of up to three months, a fine of up to Rs 10,000, or both. This emphasizes the importance of adhering to the regulatory framework set forth by the UCC.
False Information and Consequences:
Stringent measures are in place for providing false information during registration. Anyone found providing inaccurate details in their statement on a live-in relationship may face a higher fine along with imprisonment of up to three months. This reinforces the importance of transparency and honesty in the registration process.
Maintenance Rights:
The bill acknowledges the vulnerability of individuals, particularly women, in the event of a deserted live-in relationship. A provision has been included that allows a woman in such a situation to claim maintenance from her partner. The competent court, with jurisdiction over the place where they last cohabited, will handle such claims.
Common Law Framework:
Notably, the bill proposes a common law governing marriage, divorce, land, property, and inheritance for all citizens, irrespective of their religion in Uttarakhand (excluding Scheduled Tribes). This move towards uniformity aims to streamline legal processes and ensure equal treatment under the law for all residents of the state.
Uttarakhand’s Uniform Civil Code presents a comprehensive regulatory framework for live-in relationships, addressing various aspects of consent, protection of minors, penalties for non-compliance, and maintenance rights. As the state moves towards a more uniform legal landscape, it will be essential to monitor how these provisions impact individuals and relationships within the jurisdiction.
