New Delhi: Uttarakhand has become the first state in the country to give legal backing to live-in relationships, making it mandatory for residents to register such unions with the authorities.
The proposed guidelines, part of the state’s draft Uniform Civil Code (UCC), also suggests a fine as well as imprisonment of up to six months for live-in couples who fail to register their relationship.
The final draft of the Uttarakhand UCC — which has a separate chapter on live-in relationships — was tabled in the assembly Tuesday.
The draft, a copy of which is with ThePrint, mentions that “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 under whose jurisdiction they are living.
It says the registration, to be made at the time the live-in arrangement begins, is simply for record-keeping purposes. The registrar who will serve as the nodal authority for these registrations will be appointed by the government through a notification in the Uttarakhand gazette, the draft adds.
Among other things, the law provides for maintenance “if a woman gets deserted by her live-in partner” — to be pursued through courts. It also states that any child born out of a live-in relationship shall be considered a legitimate child of the couple.
The proposed law doesn’t allow registration of prohibited relationships — including those where one or both of the partners are minors, or where the consent of one of the partners was obtained by force.
The draft also seeks to empower the registrar to refuse registration if one of the parties is already in another live-in relationship or marriage, or consent is obtained by force/fraud etc.
The statements of live-in relationships submitted will be forwarded by the registrar to the officer in-charge of the local police. In case either of the partners is less than 21 years of age, the registrar will also inform their parents and guardians, the draft says.
If the registrar finds that the statement provided is incorrect or suspicious, the officer-in-charge of the local police will be informed for appropriate action.
The draft says that even residents based outside Uttarakhand “may submit a statement” of their live-in relationship.
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The punishment
Before registering a relationship, the draft says, the registrar will examine the contents of the statement submitted, and can also summon the partners or any other person for verification, if necessary.
The registrar can also refuse to register such statements. If this happens, the draft adds, the applicants will be informed.
Both partners to a live-in relationship, or either of them, can also terminate it, through a statement of termination submitted in the prescribed format to the registrar.
If live-in couples fail to submit the statement prescribed to register their relationship within a month, a notice can be issued to them, the law says, while laying down three categories of punishment.
The draft says that whoever stays in a live-in relationship for more than a month without submitting the statement shall be punished — upon conviction by a judicial magistrate — with imprisonment of up to three months, or with a fine not exceeding Rs 10,000, or both.
In case anyone is found to have submitted a fraudulent statement, the persons can be punished with imprisonment extending to three months, or a fine of up to Rs 25,000, or both.
If the partners fail to submit the statement even after receiving a notice, they can face imprisonment of up to six months, or a fine of up to Rs 25,000, or both.
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Absolute nonsense. I support UCC in general but this is just an attempt to make live-in relationships impractical. You’re now gonna jail people if they don’t tell you who they wish to live or not live with? This is India not the Middle East.
Judging by how arranged marriages are anyway on the decline, it can actually increase divorces since the couples will jump straight to marriage without actually getting to know each other.