Rules For Registering Live-in Relationships Under UCC

Syllabus: GS1/Society; GS2/Government Policies & Interventions

Context

• The newly implemented Uniform Civil Code (UCC) in Uttarakhand has introduced a set of detailed rules for registering live-in relationships, aiming to regulate such relationships and ensure that they are recognized legally. 
• However, they have also sparked significant debate and raised concerns about privacy and state surveillance.

About Live-in Relationships in India

• The concept of live-in relationships, where couples cohabit without formal marriage, has gained legal and social recognition in India over the past two decades.
• Historical Context: Historically, Indian society has been rooted in traditional values, where marriage was the only recognized form of a committed relationship.
  • Live-in relationships were often stigmatized and faced societal disapproval.
  • However, with the influence of globalization and exposure to Western culture, the acceptance of live-in relationships has grown.

Legal Recognition of Live-in Relationships in India

• Indian courts have acknowledged live-in relationships through various judgments, primarily invoking the Right to Life and Personal Liberty (Article 21) of the Constitution.
• Various Judgements:
  • S. Khushboo v. Kanniammal (2010): It ruled that live-in relationships fall under the right to personal liberty.
  • Indra Sarma v. V.K.V. Sarma (2013): It categorized live-in relationships into various types, recognizing those that resemble marriage under Protection of Women from Domestic Violence Act, 2005 (PWDVA).
  • The Chief Justice of India has emphasized that the freedom to choose a partner and form intimate relationships falls under the ambit of free speech and expression, as enshrined in Article 19(c) of the Constitution.

• Protection Against Domestic Violence Act, 2005 (PWDVA): It includes within its ambit ‘relationships in the nature of marriage’, thereby extending protection to women in live-in relationships who face domestic violence.
  • In D. Velusamy v. D. Patchaiammal (2010), the Court held that only relationships in the nature of marriage would be eligible for legal protection under domestic violence laws.
• Inheritance and Maintenance Rights: In cases where the couple has children, the Supreme Court has held that children born out of live-in relationships are entitled to inheritance rights similar to those born to legally married parents.

Rules For Registering Live-in Relationships Under UCC

• The Uttarakhand UCC mandates the registration of live-in relationships. It applies to both residents of Uttarakhand and individuals residing elsewhere in India.

• Registration Requirements: Under the UCC, couples entering into a live-in relationship must register their relationship both at the commencement and termination stages.
  • Supporting documents include Aadhaar-linked OTPs, a registration fee, and a certificate from a religious leader affirming the couple’s eligibility for marriage if they wish to formalize their relationship.
• Prohibited Relationships: The UCC Act specifies 74 prohibited relationships, with 37 each for men and women.
  • Couples falling within these degrees of prohibited relationships must obtain approval from religious leaders or community heads.
  • The registrar has the authority to reject registrations if they conclude that the relationship is against public morality or customs.

Key Concerns and Impacts

• Privacy Concern: It is argued that it constitutes a gross violation of the right to privacy enshrined in Article 21 of the Constitution (Justice K.S. Puttaswamy v. Union of India), as increased state surveillance over private lives.
  • New rules have raised concerns about the potential barriers they create for interfaith and inter-caste relationships.
• Rights of Women and Children: Currently, women in live-in relationships can claim maintenance under Section 125 of the Criminal Procedure Code (CrPC) and PWDVA, 2005, but these rights are not absolute.
• Protection Against Misuse: Individuals may enter into such relationships without long-term commitment but later claim legal rights, leading to legal disputes.
• Social and Cultural Challenges: It challenges traditional notions of family and marriage, and raises questions about the moral and ethical implications of live-in relationships, particularly in conservative communities.

Conclusion and Way Forward

• While the UCC in Uttarakhand aims to provide legal recognition and protection for live-in relationships, it also raises important concerns about privacy and state intervention. 
• The balance between regulating relationships and respecting individual autonomy will be crucial in ensuring that the new rules are implemented in a manner that promotes social harmony and protects the rights of individuals.
• If UCC replaces personal laws, there is a need to focus on:
  • ensuring equal rights for women in live-in relationships.
  • providing inheritance and maintenance rights similar to those in marriage.
  • clarifying the legal status of children born out of live-in relationships, especially regarding legitimacy and inheritance rights.

Source: TH