Uttarakhand has now become the first state in Independent India to have a Uniform Civil Code (UCC) after President Droupadi Murmu approved its UCC Bill, 2024.
Uttarakhand’s Uniform Civil Code (UCC) Bill proposes to make registration of live-in relationship mandatory. According to the Uniform Civil Code Bill of Uttarakhand, 2024, “It shall be obligatory for partners to a live-in relationship within the state, whether they are residents of Uttarakhand or not, to submit a statement of live-in relationship to the registrar within whose jurisdiction they are so living.”
Any resident of Uttarakhand staying in a live-in relationship outside the state may submit a statement of live-in relationship to the registrar within whose jurisdiction the resident ordinarily resides.
A relationship of this nature must be registered within 30 days of the start of the arrangement. Those below 21 years of age would have to register the relationship along with a letter of consent from their parents.
According to the proposed Bill, upon the end of a relationship of this nature, the partners will also have to submit to the registrar a statement of the termination of the live-in relationship.
What constitutes a live-in relationship?
A live-in relationship according to the Bill is a relationship between a man and a woman, referred to as partners, who cohabit in a shared household through a relationship in the nature of a marriage. The Bill describes a shared household is a household where an adult man and an adult woman live under one roof in a rented accommodation or in a house owned jointly or independently or one of them or any other accommodation.
What is the statement of live-in relationship?
According to the Uttarakhand Uniform Civil Code Bill, the statement of live-in relationship is a jointly signed statement to the effect that a man and a woman are in a live-in relationship or intend to do so in future. This statement of the live-in relationship must be submitted to the registrar in the prescribed manner for registration of the relationship according to the Bill.
Maintenance for live-in partners
If a woman gets deserted by her live-in partner, she will be entitled to claim maintenance from her live-in partner for which she may approach the competent court having jurisdiction over the place where they last cohabited/lived.
What will be the procedure for registration of a live-in relationship?
Once the proposed Bill become a law after receiving an approval from the state Assembly and the Governor, live-in partners in Uttarakhand, irrespective of their religion, will have to follow the below-mentioned procedure to register the relationship:
- The partners in a live-in relationship will submit a statement of the live-in relationship to the registrar concerned in a prescribed format.
- The registrar will examine the contents of the statement and conduct a summary inquiry of the live-in relationship.
- As part of this inquiry, the registrar can summon the partners or any other people for verification. The official can also ask the partners or other people involved to supply additional information or evidence if need be.
- After conducting the inquiry, the registrar will, within 30 days of the receipt of the statement of live-in relationship, can either register the relationship or refuse to do so. In case of a refusal, the registrar will provide a written explanation for the reasons behind the refusal.
Submission of statement of termination of live-in relationship
Both partners can terminate a live-in relationship by submitting a statement of termination in the prescribed format to the registrar. They should provide a copy of this statement to the other partner in case only one of the partners terminates the live-in relationship.
Punishment over failure to register live-in relationship under Uttarakhand Uniform Civil Code
Failure to register: Up to 3 months’ jail term or Rs 10,000 fine or both
Those staying in a live-in relationship for more than one month from the date of entering into such relationship without submitting the statement of such relationship, will be punished on conviction by a judicial magistrate with imprisonment for a term which may extend to three months or with a fine not exceeding Rs 10,000 or with both.
Failure to submit statement of live-in relationship on being required by a notice: Up to 6 months’ jail term of Rs 25,000 fine or both
Any partner to a live-in relationship who fails to submit the statement of live-in relationship on being required by a notice to do so will be punished on conviction by a judicial magistrate with imprisonment for a term which may extend to 6 months or with a fine not exceeding Rs 25,000 or both.
False statement: Up to 6 months’ jail term of Rs 25,000 fine or both
Any person who makes any changes in the statement of a live-in relationship submitted under sub-section (1) of section 381 which is false and which she/he knows or has reason to believe to be false, or withholds any material fact therefrom affecting the decision of the Registrar whether to register such a live-in relationship or refuse to do so, shall be punishable with imprisonment for a term which may extend to three months or with fine not exceeding Rs 25,000 or both.
Instances where live-in relation can’t be registered
A live-in relationship will not be registered in the following cases:
01. Where the partners are within the degrees of prohibited relationship.
Prohibited relationships are defined under Clause (D) of Sub-section (I) of Section 3. A man and any of the persons mentioned in List-I of the Schedule- I and a woman and any of the persons mentioned in List-2 of the said schedule are within the degrees of prohibited relationship.
Lists of prohibited relationships under Uttarakhand Uniform Civil Code
A man living in with the following people can’t apply for registration of the relationship:
List -I
- Mother.
- Father’s widow (step-mother).
- Mother’s mother.
- Mother’s father’s widow (step grand-mother).
- Mother’s mother’s mother.
- Mother’s mother’s father’s widow (step great grand-mother).
- Mother’s father’s mother.
- Mother’s father’s father’s widow (step great grand-mother).
- Father’s mother.
- Father’s father’s widow (step-grand mother).
- Father’s mother’s mother.
- Father’s mother’s father’s widow (step great grand-mother).
- Father’s father’s mother.
- Father’s father’s father’s widow (step great grand-mother).
- Daughter.
- Son’s widow.
- Daughter’s daughter.
- Daughter’s son’s widow.
- Son’s daughter.
- Son’s son’s widow.
- Daughter’s daughter’s daughter.
- Daughter’s daughter’s son’s widow.
- Daughter’s son’s daughter. •
- Daughter’s son’s son’s widow.
- Son’s daughter’s daughter.
- Son’s daughter’s son’s widow.
- Son’s son’s daughter.
- Son’s son’s son’s widow
- Sister.
- Sister’s daughter.
- Brother’s daughter.
- Mother’s sister.
- Father’s sister.
- Father’s brother’s daughter.
- Father’s sister’s daughter.
- Mother’s sister’s daughter.
- Mother’s brother’s daughter.
The expression widow includes a divorced wife.
List 2
A woman living in with the following people can’t apply for registration of the relationship:
- Father.
- Mother’s husband (stepfather).
- Father’s father.
- Father’s mother’s husband (step grand-father).
- Father’s father’s father.
- Father’s father’s mother’s husband (step great grand-father).
- Father’s mother’s father.
- Father’s mother’s mother’s husband (step great grand-father).
- Mother’s father.
- Mother’s mother’s husband (step grand-father).
- Mother’s father’s father.
- Mother’s father’s mother’s husband (step great grand-father).
- Mother’s mother’s father.
- Mother’s mother’s mother’s husband (step great grand-father).
- Son.
- Daughter’s husband.
- Son’s son.
- Son’s daughter’s husband.
- Daughter’s son.
- Daughter’s daughter’s husband.
- Son’s son’s son.
- Son’s son’s daughter’s husband.
- Son’s daughter’s son.
- Sen’s daughter’s daughter’s husband.
- Daughter’s son’s son.
- Daughter’s son’s daughter’s husband.
- Daughter’s daughter’s son.
- Daughter’s daughter’s daughter’s husband.
- Brother.
- Brother’s son.
- Sister’s son.
- Mother’s brother.
- Father’s brother.
- Father’s brother’s son.
- Father’s sister’s son.
- Mother’s sister’s son.
- Mother’s brother’s son.
The expression husband includes a divorced husband.
Note: These prohibitions will not apply to people whose customs and usage permit the relationship, if it were a marriage. However, the Bill adds that such customs and usage must not be against the public policy and morality.
02. Where at least one partner is married or is already in a live-in relationship
03. Where at least one partner is a minor
04. Where the consent of one of the partners was obtained by force, coercion, undue influence, misrepresentation or fraud related to material fact or circumstance concerning the other partner, including their identity.
Likely impact of the bill
If the Bill were to become a law, it might have a far-reaching impact on women’s rights and children born out of such marriages. So far, legal provisions to protect the rights of a woman did not exist under the Hindu law if she were deserted by her partner. The Uttarakhand Uniform Civil Code Bill prescribes for the maintenance of such a woman, providing her the same status as that of a married woman.
The Bill also provides for protection of the rights of children born out of such relationships. Any child of a live-in relationship will have the status of a legitimate child of the couple and will enjoy similar rights as children born out of a marriage.
Section 16 (3) of the Hindu Marriage Act, 1955, governs the inheritance rights of illegitimate children. As per Section 16 (3), illegitimate children are ‘only entitled to the property of their parents and not of any other relation’.
Under the Muslim personal law, a child born without the marriage of the partners is considered illegitimate and has no right in the property of their father. The Bill proposes to remedy a situation like that.
However, the Bill recognises live-in relationship only between a man and a woman. This means no recognition is given to same-sex couples. The Bill also prescribes an age barrier. If both the partners are not 21 years of age, they would require parental consent to register the relationship.
Property rights of live-in partners under Uttarakhand UCC
Even though the registration provides a live-in relationship a similar status as a marriage, the UCC does not speak of property rights of a live-in partner. However, these partners would be free to write a Will and give away any property to the other partner in their property. A woman deserted in such a relationship will also be able to claim maintenance from the man.
All children born out of live-in relationships have been termed as legitimate under the Bill. This means they will have the same right over their parents’ property as children born out of a legal marriage.
FAQs
Who will be considered the child of a live-in couple under Uttarakhand’s UCC?
In relation to a man and a woman in a live-in relationship, a child means their biological child, and includes an adopted child, an illegitimate child or a child born through surrogacy or assisted reproductive technology. Any child of a live-in relationship will be a legitimate child of the couple.
How is a Bill different from an Act of law?
An Act embodies a law, created through the legislative process and carrying legal weight. A Bill is a proposed law undergoing consideration in a legislative body.
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