UCC Law on Live-In Relationships: What do the Legal Provisions Say & How Can it Impact a Wide Range of Couples?

In a historic event, Uttarakhand passed the uniform civil code that has been in development since 2022, which strives to unify all religious & personal laws in a bid to integrate & safeguard issues like marriage, inheritance, property, and divorce, among other things.

The Legal aspects

The major point of contention is the clauses they have added pertaining to live-in relationships. Part 3 of the said code talks about the live-in relationships wherein Section 378 mandates the registration of the relationship in the state, whether they are residents of Uttarakhand or not. Moreover, it legitimizes the couple and any child born out of the live-in relationship by granting benefits like maintenance under Section 388.

If a woman is deserted by her partner, she shall be entitled to claim maintenance by approaching the competent court of that jurisdiction. Section 387 describes that whoever stays in a live-in relationship for more than one month without registration shall be punished with 3 months’ jail or a fine up to 10 thousand or both.

Similarly, any false statement or withholding of information regarding the relationship shall be punishable with 3 months’ jail or up to 25 thousand fine or both. The recorded statements of the couple will be sent to the local police station for verification, and parental consent is also made compulsory for any individual below the age of 21.

Criticisms surrounding the law

While legally the idea behind this law is sound, it’s questionable in so many ways. The punitive measures behind it somewhat discredit the claims of the government to safeguard the rights and autonomy of people. If anything, this will reinforce an already prejudiced society which frowns upon any relationship that doesn’t conform to their social & moral standards. Scrutiny by police officers, abusive relatives, and vigilantes can compound their problems.

Don’t get me wrong; it has its merits. It will help with issues like polygamy (which is a declining practice across all communities in India), disparity in inheritance, and halala divorce, which are widely regarded as sexist, according to experts. It will also curb crimes like domestic violence and rape to some extent, which is a documented issue. But that doesn’t seem to be its prime motive.

In a state like Uttarakhand, which recorded the highest number of domestic violence cases during the lockdown (according to NALSA) and where women facing gender-based violence don’t seek help due to fear of stigma from institutional sources like lawyers and police officials, probing and poking noses in a live-in relationship seems immaterial and intrusive.

All of this could culminate in grave violations of the right to privacy and liberty. Inter-faith & inter-caste couples, let alone queer couples (who are left outside the purview of the law), would be more prone to discrimination and surveillance, dissuading couples who once thought that live-in was a good way to test compatibility with one another before marriage. Scroll asked several students about how they feel about the new law. One of them told how the complaint under it can be lodged by anyone, opening a route of curbing personal liberties.

However, there were many who hailed the decision. “If one does not have any ill intentions, I don’t see any reason to have problems with registering a live-in relationship,” said Ankush Pratap, 25, who lives in Bengaluru and said that he supports the ruling party. “If some dispute occurs between me and my partner, I would feel safer if there is some official record of the relationship,” Singh said. “It should be like a rent agreement where two parties are bound by certain terms.”

Women’s cooperative group Mahila Morcha objected to the bill, noting how it’s disregarding Christians & Parsis and went on to call it “legally untenable”. Apart from not incorporating progressive features of Muslim law, it was also silent on the patriarchal issues of discrimination in Hindu joint families like excluding widows and mothers from the right to ancestral property, they added.

Team Profile

Rahul TiwariNews Writer

Rahul Tiwari, a law student, possesses a keen interest in politics, movies, music, and the pop culture landscape. Equipped with an unyielding spirit for writing, he navigates through his diverse interests with enthusiasm and dedication.

Latest entries

• English10 March 2024Rahul Gandhi to Contest from His Former Seat of Wayanand in the Lok Sabha Elections, Shashi Tharoor to Contest from His Citadel; Everything You Need to Know About Their List
• English8 March 2024Being Critical of Kashmir’s Abrogation is not an Offence; SC Quashes Case Against a Kashmiri Professor for Condemning the Scraping of Article 370
• English7 March 2024SBI Misses Deadline for Electoral Bonds Disclosure; Opposition Calls It Dubious
• English7 March 2024GN Saibaba, Former DU Professor & Scholar, Granted Acquittal from Bombay HC in an Alleged Maoist Case