Uttarakhand’s Uniform Civil Code and Live-in Relationship Regulations

Context

The Uniform Civil Code (UCC) aims to bring uniformity in personal laws across different religions in India. Uttarakhand is the first state to introduce its own state-level UCC, which includes rules for live-in relationships.

Key rules under Uttarakhand’s UCC for live-in relationships:

• Couples must register their live-in relationship with the government.
• Not registering is a crime, with punishment of up to six months in jail or a ₹25,000 fine.
• Children born in live-in relationships will be considered legitimate.
• People under 21 years old must inform their parents before registering.
• Police will be informed of all registered live-in relationships.
• Couples must provide proof of living together (like a rental agreement).

The government says these rules protect women and children, but critics argue they invade privacy and restrict personal freedom.

Intentions of the Law and Its Shortcomings

The law aims to prevent exploitation and protect dependent partners by ensuring:

• Children get legal rights (like inheritance).
• Partners can claim maintenance if abandoned.

However, there are several flaws and exclusions:

1. Limited Maintenance Rights – If a couple breaks up by mutual consent, the dependent partner may not get financial support.
2. Excludes Same-Sex Couples – The law applies only to heterosexual couples, leaving same-sex partners without legal protection.
3. Forces Registration Quickly – The law assumes all live-in relationships start formally, but many develop gradually.

The one-month deadline for registration does not consider how relationships naturally evolve, making it too rigid.

Concerns Over Privacy and Personal Freedom

The Supreme Court of India has ruled that privacy and sexual autonomy are fundamental rights (Shakti Vahini v. Union of India, 2018). However, the new law:

• Requires young adults under 21 to inform their parents, limiting their freedom.
• Sends relationship details to the police, leading to fears of harassment or moral policing.
• Imposes strict penalties for couples who don’t register.
• Demands personal documents, making the process bureaucratic and intrusive.
• Allows third parties (family, landlords, or outsiders) to raise complaints, increasing social interference in private matters.

These provisions violate personal freedoms and could allow society to control private relationships.

Practical Problems and Social Risks

1. Complicated Registration Process

• Couples must submit many documents, making the process difficult and discouraging.
• They need to prove shared accommodation, which is not always possible in the early stages of a relationship.

2. Housing Issues

• Landlords can refuse to rent if couples don’t provide registration certificates.
• This could lead to housing discrimination, especially for unmarried couples.

3. Risk of Social Policing

• Moral policing groups may misuse this law to target interfaith or inter-caste couples.
• Families could pressure individuals to leave relationships using the law as a tool.
• Some people might face violence or harassment because of their relationships.

How to Improve the Law?

For a fair and balanced approach, the following changes are necessary:

1. Respect Privacy – Remove the rule that requires parental notification for adults.
2. Make Registration Optional – Couples should register only if they want legal protection.
3. Remove Criminal Punishment – Not registering should not be treated as a crime.
4. Include Same-Sex Couples – The law must protect all relationships, not just heterosexual ones.
5. Prevent Housing Discrimination – Landlords should not misuse the law to deny housing.

Conclusion

Uttarakhand’s Uniform Civil Code for live-in relationships is a major legal change, aiming to protect partners and children. However, it ignores privacy rights, limits personal freedom, and can be misused for social control.

For real empowerment, the law must focus on protection without restricting personal choices. Without changes, it may harm the very people it claims to protect.