Context:
- The Uttarakhand government recently implemented a Uniform Civil Code (UCC), governing various aspects of civil life.
Positive Aspects
- Legitimacy of Children: The UCC declares children born in live-in relationships as legitimate, improving upon existing legal provisions.
- Maintenance for Deserted Partners: Provides legal recourse for maintenance in case of desertion, though desertion remains undefined.
Concerns & Challenges
- No Maintenance Post-Termination: The law lacks provisions for maintenance after the termination of a live-in relationship, potentially leaving a partner without support.
- Exclusion of Same-Sex Relationships: The law only recognizes opposite-sex live-in relationships, leaving same-sex couples unprotected.
- Unclear Definition of ‘Live-in Relationship’: The UCC’s definition (‘in the nature of marriage’) is vague and does not account for the fluid nature of such relationships.
- Mandatory Registration Within One Month: Fails to recognize that live-in relationships often evolve informally without a fixed starting date.
Violation of Sexual Autonomy & Privacy
- Parental Control & Honour-Based Risks:
- If a partner is under 21, parents/guardians are notified, violating privacy.
- This could expose inter-caste/inter-religious couples to honour-based violence.
- State Surveillance of Private Relationships:
- Information on all registered live-in relationships is sent to local police, treating them as a law-and-order issue.
- Criminalization of Non-Registration:
- Failing to register within a month or refusing to register after a notice is punishable by imprisonment and/or fines.
Underlying Issue
- Regulatory vs. Welfare Approach: Unlike other jurisdictions that extend marriage-like protections to cohabiting couples, Uttarakhand’s UCC treats live-in relationships as a societal issue to be controlled, undermining individual freedoms.