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In a notable move, the Uniform Civil Code (UCC) introduced in the Uttarakhand Assembly includes a provision mandating the registration of live-in relationships, with potential legal consequences for non-compliance. The UCC also addresses various aspects, including parental consent, termination procedures, and legal recognition for children born out of such relationships.
Mandatory Registration Individuals in live-in relationships in Uttarakhand must register with district officials under the UCC. This includes those planning to enter such relationships or currently in one.
Registration Requirements: Registration is mandatory for individuals below the age of 21, with parental consent required for those in this age group. The requirement extends to any resident of Uttarakhand in a live-in relationship outside the state.
Registration Exclusions: Live-in relationships against public policy and morality, involving a married or committed partner, with a minor, or based on coercion, fraud, or misrepresentation will not be registered.
Verification Process: A website is being prepared to collect live-in relationship details, which will undergo verification by the District Registrar. A “summary inquiry” will establish the validity, involving summoning partners or others if necessary.
Refusal of Registration: If registration is refused, the Registrar must provide written reasons for the decision.
Termination Procedure: The termination of registered live-in relationships requires a written statement in a prescribed format. The Registrar may investigate reasons and inform parents or guardians if the partners are below 21.
Legal Recognition for Children: Children born out of registered live-in relationships will receive legal recognition, with equal rights and legitimacy defined under the UCC.
Penalties for Non-Compliance: Failure to submit declarations or providing false information may lead to three months in jail, a ₹25,000 fine, or both. Failure to register a live-in relationship may result in six months of imprisonment, a ₹25,000 fine, or both.
Equal Rights in Inheritance: All children born out of wedlock, live-in relationships, or via incubation will have equal rights in inheritance, including parental property.
Maintenance for Deserted Partners: The UCC draft states that a woman “deserted by her live-in partner” can claim maintenance, though the term “desertion” is not explicitly defined.
The introduction of the Uniform Civil Code in Uttarakhand is a significant step, aiming to establish common laws applicable to all citizens in personal matters such as marriage, divorce, inheritance, and adoption. The UCC also addresses practices like polygamy, child marriage, ‘halala,’ and ‘iddat,’ demonstrating a comprehensive approach towards legal reforms.
