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31 January 2025

Uttarakhand Enacts Landmark Uniform Civil Code For Live-In Relationships

New regulations require registration and documentation for couples, aiming to formalize living arrangements and protect rights.

Uttarakhand has become the first Indian state to implement a Uniform Civil Code (UCC), introducing regulations and requirements for live-in relationships, sparking diverse reactions among residents and legal experts alike. The recently enacted UCC mandates all live-in couples to register their partnerships officially with district registrars, aiming to establish legal recognized unions and enforce accountability.

Under the new set of rules, live-in partners are required to complete extensive documentation before registration, which includes submitting 15 different documents, obtaining a No Objection Certificate (NOC) from a priest, and paying a registration fee of Rs 500. Couples who fail to comply face potential penalties, including up to six months of imprisonment. This strict regulatory framework is detailed on the newly launched UCC portal, ucc.uk.gov.in, where individuals can either register online or offline.

To complete the registration, couples must fill out a complicated 16-page form, providing detailed personal information such as proof of residency and age. Notably, if one or both partners are under the age of 21, their parents are required to be notified about the registration. This practice has raised eyebrows, with concerns over privacy and parental rights entering the discussion.

The regulations extend beyond just the couples entering live-in relationships; landlords are also swept up in these new rules. They must now check and verify tenants’ registration certificates before entering any rental agreements. Non-compliance could result in hefty fines of up to Rs 20,000. According to the UCC documentation, "It is obligatory on the landlord's part to ask for a copy of the certificate/provisional certificate of live-in relationship before signing a rent agreement." This requirement aims to formalize the rental process and maintain accurate records of all residents.

Unique to the UCC is the comprehensive list of around 74 prohibited relationships, disallowing individuals from entering live-in partnerships with close relatives such as mothers, siblings, and grandparents. To navigate this, if couples find themselves categorically restricted by these rules, they must present certifying documentation from a recognized religious leader. This requirement has garnered considerable attention, leading to clarifications from officials involved with the UCC implementation.

Clarifying these specifics, Manu Gaur, a member of the UCC Rules Committee, asserted, "For live-in registration under UCC, only four key documents need to be submitted – proof of residence, date of birth, Aadhaar, and tenancy documents (if applicable)." He emphasized this simplifies the process rather than making it arduous. He confirmed concerns about requiring religious certification apply only when prior relationships fall within the prohibited category, which accounts for less than one percent of all live-in registrations.

Couples entering live-in arrangements are encouraged to register as it offers various advantages. One significant benefit is the legal recognition of children born from such relationships, securing their status as legitimate. Also, if disputes arise and one partner decides to leave, the law allows the deserted partner to seek maintenance, similar to provisions available for divorced individuals. This change aims to protect the rights of women and children, making provisions similar to those applicable to traditional marriages.

Delving deep, it becomes clear the UCC is intended to augment the state's governance framework by ensuring all forms of relationships are accounted for legally. This includes individuals relocating from other states but living in Uttarakhand for more than one year. Gaur stated, "Many people from other states reside in Uttarakhand and benefit from government schemes. With UCC registration, these individuals must now formally register to continue availing services, ensuring resource management for the state’s permanent residents."

Despite initial pushback against these mandatory registrations, the UCC aims to provide order and legality to relationships often seen as informal or outside traditional norms. The system's implementation reflects current societal dynamics, where more individuals opt for live-in arrangements over official marriage.

Overall, the introduction of the UCC is significant and transformative for Uttarakhand's sociocultural fabric. It addresses complex relationship dynamics by enforcing accountability and ensuring rights for all parties involved. While the mandatory nature of the regulations may seem heavy-handed to some, proponents argue they are necessary for protecting vulnerable populations and modernizing archaic laws.

The coming months will be instrumental as the effectiveness of the UCC is monitored. The reactions from residents and how the legal framework is refined will greatly influence its long-term acceptance and integration within Uttarakhand’s legal system. The UCC not only seeks to structure live-in relationships but also reflects the shifting attitudes toward personal relationships and societal norms.