Uttarakhand UCC: Live-in Relationships Now Regulated

Why in the news?

Uttarakhand has introduced new rules under its Uniform Civil Code (UCC), requiring residents to register live-in relationships. This move aims to formalize such relationships, ensure legal protections, and prevent domestic crimes outside marriage.

Uttarakhand UCC: Live-in Relationships Now Regulated

Registration and Requirements:

  • Uttarakhand’s Uniform Civil Code (UCC) mandates all live-in relationships in the state to be registered.
  • Couples must submit a 16-page registration form and supporting documents to the Registrar.
  • Registration is required within 30 days of entering a live-in relationship and includes a statement of termination when the relationship ends.
  • The registration process can be done online using Aadhaar or offline with documents such as proof of age, residency, and previous relationship history.
  • If individuals are under 21, their parents or guardians are notified.

Regulations and Conditions

  • The UCC defines a live-in relationship as one where a man and woman cohabit in a shared household in a marriage-like relationship. This applies to heterosexual couples
  • The law prohibits live-in relationships between close relatives (e.g., cousins) and married individuals.
  • Consent is critical: a relationship based on force, fraud, or coercion is not considered legitimate.
  • The law also mandates religious leaders’ certificates for couples in specific relationships, confirming their eligibility.

Consequences and Benefits

  • Maintenance: Women deserted by their live-in partner can seek maintenance similar to married couples.
  • Legitimacy: Children born from live-in relationships are legitimate and can inherit property.
  • Landlord Rights: No landlord can refuse tenancy based on an unmarried couple’s status.
  • Failure to register could result in fines or jail time for up to three months. Repeat offenders may face higher fines.

About Uniform Civil Code (UCC):

  • Constitutional Reference: Mentioned in Article 44 of the Indian Constitution as part of Directive Principles of State Policy, urging the state to implement a uniform civil code for all citizens.
  • Discretion for Implementation: The framers left the implementation of UCC to the government’s discretion.
  • Goa’s Exception: Goa is the only state with a UCC, following the Portuguese Civil Code of 1867.

Supreme Court’s Stance:

  • Mohd. Ahmed Khan v. Shah Bano Begum (1985): Court urged UCC’s implementation, calling Article 44 a “dead letter.”
  • Other Cases: Repeated demand in Sarla Mudgal (1995) and John Vallamattom (2003) cases.
  • Jose Paulo Coutinho Case (2019): Court praised Goa’s UCC and advocated for nationwide implementation.

Law Commission’s View:

  • 2018 Consultation Paper: The 21st Law Commission led by Justice Balbir Singh Chauhan stated that UCC is “neither necessary nor desirable” at this stage.