Uttarakhand Civil Code mandates live-in relationships to be registered

Dehradun: Individuals in or planning to establish live-in relationships in Uttarakhand must register with district officials once the Uniform Civil Code goes into effect, with parental agreement required for those under the age of 21 who want to live together. Individuals who are "any resident of Uttarakhand... in a live-in relationship outside the State" are required to register such relationships.

Live-in partnerships will not be registered in circumstances that are "against public policy and morality," if one partner is married or in another relationship, if one partner is a minor, or if consent was acquired through "coercion, fraud, or misrepresentation (with regard to identity)".

A top official said that a website is being prepared to gather facts about live-in relationships, which would be verified with the District Registrar, who will conduct a "summary inquiry" to determine the relationship's validity. He can do this by summoning one or both of his partners, as well as anyone else.

If registration is rejected, the Registrar must provide written reasons.

The "termination" of registered live-in relationships necessitates a written declaration in a "prescribed format" that can lead to a police investigation if the Registrar believes the reasons for the relationship's conclusion are "incorrect" or "suspicious". Parents or guardians of those under 21 will also be notified.

Failure to submit live-in relationship declarations or provide incorrect information may result in a three-month jail sentence, a ₹25,000 fine, or both. Failure to register a live-in relationship can result in up to six months in jail, a ₹25,000 fine, or both. Even a one-month delay in registering might result in a three-month jail sentence, a ₹10,000 fine, or both.

This, the same official said, means "rights of all children born out of wedlock, in live-in relationships, or via incubation, will be the same... no child can be defined as 'illegitimate'".

Also, "all children will have equal rights in inheritance (including parental property)", the official said, drawing attention to the language of the UCC, which refers to "child" and not "son" or "daughter".

A woman "deserted by her live-in partner" can claim maintenance, the UCC draft also said, although it was not clear on what constitutes "desertion".

A Uniform Civil Code, or UCC, is a set of regulations that apply to all people and are not religiously based when it comes to marriage, divorce, inheritance, and adoption, among other personal affairs.

A Uniform Civil Code for Uttarakhand was one of the primary political pledges made by the BJP in the run-up to last year's assembly election, which it won.

A State-appointed panel, led by a senior Supreme Court judge, drafted a 749-page document based on a whopping 2.33 lakh written responses and discussions with 60,000 people.

Some of the recommendations include a complete ban on polygamy and child marriage, a regulated marriageable age for females of all faiths, and a uniform divorce process.

Uttarakhand's UCC also intends to prohibit traditions such as 'halala' and 'iddat', which are Islamic practices that a woman must undergo following a divorce or the death of her husband.

Uttarakhand isn't the only state pushing for a uniform civil code; Assam, another BJP-ruled state, has announced plans to introduce similar restrictions later this year. In both cases, tribal groups, which are important voting blocs in each state, will be exempt.