New Delhi: The Uttarakhand government on Monday (January 27) has introduced the Uniform Civil Code (UCC) rules to regulate live-in relationships. This makes Uttarakhand the first state in India to implement such a law, The Indian Express reported.
According to the UCC rules, all live-in relationships must be registered within a month of commencement. The rules define a live-in relationship as a relationship between a man and a woman who cohabit in a shared household through a relationship in the nature of marriage. However, only heterosexual couples are covered, with 74 prohibited relationships for marriage, including first cousins. Additionally, the relationship must be consensual, with no force, coercion, or undue influence.
Key provisions of the UCC rules
- Registration process: Couples can register online or offline, providing proof of age, residency, and previous relationships.
- Certificate requirement: A certificate from a religious leader is necessary to confirm the couple’s eligibility to marry.
Benefits of registration
- Maintenance rights: Women can seek maintenance if deserted by their live-in partner.
- Child legitimacy: Children born out of live-in relationships are recognised as legitimate and can inherit property.
- Tenancy rights: Landlords cannot refuse tenancy solely because a couple is not married, as long as they have a live-in relationship certificate.
Consequences of non-registration
- Jail term: Failure to register can result in a jail term of up to three months or a fine of Rs 10,000.
- Penalties for false complaints: Individuals filing false complaints can face fines and penalties.
Moreover, the Registrar has the authority to issue a notice for registration of a live-in relationship, either on its own initiative or in response to a complaint. If the individual fails to comply with this notice, they may face legal consequences. A magistrate can impose a penalty, which may include a jail term of up to six months, a fine of up to Rs 25,000, or both, upon conviction.
Rajasthan
Meanwhile, the Rajasthan high court on Wednesday (January 29) has directed the state government to make it compulsory for couples in live-in relationships to sign an agreement. This agreement should outline how they plan to care for any children born from the relationship, as well as the male partner’s plan to provide financial support if the female partner is not earning, Scroll reported.
The court also directed the state government to establish an authority or tribunal to register live-in relationships until a law is enacted. Justice Anoop Kumar Dhand emphasised that while society may view live-in relationships as immoral, they are not illegal. He highlighted the importance of protecting the rights of minor children born from such relationships, particularly in cases where the mother may be vulnerable.
“Minor children born out of such relations are expected to be maintained by their parents and specially by the father, because women from such relations may often be found to be sufferers as well,” the judge was quoted as saying.
Also read: Married Persons Facing Threats For Entering Live-In Relationship Should be Given Protection: HC
The high court noted that many live-in couples turn to the judiciary due to lack of acceptance from their families and society. To address this, the court suggested that the Union and state governments should enact legislation to regulate live-in relationships. Interestingly, the judge pointed out that Uttarakhand has already issued rules on live-in relationships as part of its UCC, and encouraged other states to follow suit.
The state government has been asked to submit a compliance report to the court by March 1. This report should detail the steps taken to implement the court’s directives, including the establishment of a registration authority and the drafting of legislation to govern live-in relationships.
