In an extraordinary step, the Uttarakhand government has presented a bill in the State assembly aimed at regulating live-in relationships. Notably, the proposed Uniform Civil Code (UCC) Bill includes provisions to impose penalties, including imprisonment, on individuals who fail to formally register their live-in partnerships. Additionally, the draft legislation addresses various other matters such as marriage, divorce, and inheritance within the state of Uttarakhand.
The Bill was introduced by Chief Minister Pushkar Singh Dhami, who said-
“With the aim of giving equal rights to the citizens of Devbhoomi Uttarakhand, a Uniform Civil Code bill will be introduced in the Assembly today. It is a moment of pride for all the people of the state that we will be known as the first state in the country to move towards implementing UCC (sic).”
The formulation of the UCC Uttarakhand stemmed from discussions led by a five-member panel chaired by former Supreme Court Justice Ranjana Prakash Desai. The committee submitted its final report on the UCC to Dhami on February 2nd.
Intending to consolidate diverse aspects of civil life under one legal framework, the UCC delineates permissible and prohibited aspects of relationships across different faiths, while considering personal customary laws.
LAW GOVERNING LIVE-IN RELATIONSHIPS
Individuals desiring to live together as partners in Uttarakhand will now be required to formalize their unions by providing a statement to the Registrar. However, registration may or may not be granted if the relationship violates any conditions specified in the UCC.
A live-in relationship will not be registered if the partners are classified under the “prohibited relationships” category.
The UCC has outlined a roster of relationships deemed prohibited. Importantly, these restrictions won’t be applicable to individuals whose customs sanction the relationship, provided such customs align with public policy and morality standards.
The Code defines a live-in relationship as a cohabitation arrangement between a man and a woman residing in the same household, akin to marriage.
Upon receiving a statement of the persons intending to enter into a live-in relationship, the Registrar will conduct an inquiry and take a decision on registration within 30 days of receiving the couple’s statement.
According to Section 385 of the draft Bill, a statement submitted to the Registrar will be forwarded to the officer-in charge of the local police station for maintaining records.
In case either of the partners is less than 21 years of age, this fact has to be informed to their parents or guardians, it adds.
Can Couples be Jailed-
Certainly, failing to inform the authorities and submit their statement may result in a notice being issued to those intending to live together, followed by the possibility of criminal prosecution.
The UCC Bill outlines three categories of penalties for couples who fail to adhere to the law.
In the first scenario, if they spend a month without submitting a statement, they could be subject to imprisonment for up to three months, a maximum fine of ₹10,000, or both.
If the couple provides false information, they could face the same imprisonment duration, but with a higher fine of ₹25,000, or both.
Upon receipt of a notice from the Registrar, failure to submit the live-in relationship statement may result in a six-month jail term and/or a fine of ₹25,000.
