Uttarakhand’s Uniform Civil Code (UCC), which came into effect on Monday, has introduced stringent regulations for couples in live-in relationships, making it mandatory for them to register with the state government. The new law requires couples to submit a comprehensive list of documents, including Aadhaar cards, details of previous marital or live-in relationships, and landlord information. Failure to comply could result in penalties, including imprisonment and fines.
Key Provisions of the UCC on Live-In Relationships
- Mandatory Registration: Couples in live-in relationships must register with the state government, either online through the newly launched Uttarakhand UCC services portal or offline by submitting a 16-page form along with supporting documents. The registration process applies even to couples who intend to live together in the future.
- Documentation Requirements: Partners must provide extensive documentation, including:
- Photographs
- Income Tax Permanent Account Number (PAN)
- Aadhaar card linked to their phone number
- Proof of residence or domicile in Uttarakhand
- Details of previous marital or live-in relationships, including divorce decrees, annulment certificates, or termination numbers
- Death certificates of former spouses or partners, if applicable
- Landlord Responsibilities: Landlords are prohibited from renting premises to couples who fail to register their live-in relationships. They must verify the provisional or final registration certificate of the couple, which will form part of the rent agreement. Non-compliance could lead to penalties, though the exact fines have not yet been notified by the government.
- Prohibited Relationships: If the couple falls within the “degrees of prohibited relationships” (i.e., related by blood), they must obtain a certificate from a religious leader stating their eligibility to marry. This provision, borrowed from the Hindu Marriage Act, 1955, applies even to couples from minority communities whose personal laws may permit such unions.
- Provisional and Final Registration: Couples not yet living together must apply for a provisional certificate, which has the same documentary requirements as the final certificate but excludes proof of a shared household. Once granted, they must secure accommodation within 30 days (extendable by 15 days) and apply for final registration with proof of the new premises.
- Termination of Relationships: The UCC also outlines procedures for terminating registered live-in relationships. Termination can be bilateral (by both partners) or unilateral (by one partner). The process requires details such as the date, time, and place of termination, information about any children, and whether the female partner is pregnant.
Challenges and Concerns
The new regulations have raised concerns among legal experts and civil society groups. Critics argue that the extensive documentation requirements and the involvement of landlords could infringe on privacy rights and discourage couples from entering live-in relationships. Additionally, the requirement for religious approval for couples within prohibited relationships may disproportionately affect minority communities.
Government’s Stance
The Uttarakhand government has defended the UCC, stating that it aims to provide a legal framework for live-in relationships, ensuring transparency and accountability. The code also seeks to protect the rights of women and children in such relationships. The registrar has 30 days to approve or reject an application, with rejections possible due to false information, coercion, or fraud.
Appeal Process
Couples whose applications are rejected can appeal before a Registrar General under the UCC. The rules also provide a simpler process for terminating registered relationships, allowing either partner to end the arrangement unilaterally or bilaterally.