In a groundbreaking move, the Uttarakhand government has enacted the Uniform
Civil Code (UCC) bill, ushering in a new era of legal uniformity in the state's
civil matters. This landmark legislation signifies a departure from the previous
patchwork of laws based on religion or community affiliations, offering a single
set of regulations applicable to all citizens, except those belonging to
Scheduled Tribes.
By embracing this uniform framework, Uttarakhand aims to
foster equality, consistency, and legal clarity across various aspects of civil
life, including marriage, divorce, property rights, and inheritance.
One significant aspect of the UCC bill is its inclusion of provisions concerning
live-in relationships, reflecting a progressive approach to addressing the
rights and obligations of couples cohabiting without formal marriage. By
integrating rules governing live-in relationships within the UCC, the state
endeavors to ensure equitable treatment and access to legal remedies for such
couples, thereby advancing inclusivity in family law.
Let's understand in detail:
378. Submission of statement by partners to a live-in relationship:
In section 378 UCC of the law says that if you're in a live-in relationship in
Uttarakhand, you have to submit a statement about it to the Registrar. It
doesn't matter if you're from Uttarakhand or not. If you're living together in
the state, you have to inform the Registrar.
Similarly, if you're a resident of Uttarakhand but living in a live-in relationship outside the state, you still
need to submit a statement to the Registrar of the place where you normally live
in Uttarakhand. This requirement applies to both residents of Uttarakhand and
those from outside the state who are in live-in relationships within
Uttarakhand's borders.
379.Children born from live in relationship
In section 379 UCC, this section of the law says that if a child is born to a
couple who are in a live-in relationship, that child is considered legitimate.
This means the child has the same rights and status as a child born to married
parents. So, regardless of whether the parents are officially married or not,
any child born to them while they are living together in a committed
relationship is recognized as their legitimate child under the law.
380. When live-in relationships not to be registered-A live-in relationship
between two persons shall not be registered
This outlines situations where a live-in relationship between two people cannot
be officially registered:
- If the partners are closely related according to the prohibited relationship rules. However, if their customs or traditions allow such relationships similar to marriage, and these customs aren't against public policy or morality, then it may be permitted.
- If one of the persons is already married or is in another live-in relationship.
- If one of the persons is under the legal age of adulthood (a minor).
- If one of the partners didn't agree to the relationship freely, but was forced, coerced, unduly influenced, misled, or deceived about important facts or circumstances concerning the other partner, including their true identity.
381. Procedure for registration of live-in relationship :
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Couples who are already in a live-in relationship or those planning to start one need to fill out a form about their relationship and submit it to the Registrar. The form has specific rules and steps set by the government.
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The Registrar will look at the form to make sure the relationship doesn't break any of the rules listed in Section 380 of the law.
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To be sure the information in the form is correct, the Registrar might talk to the couples or others who know about the relationship. They might also ask for more proof or details if needed.
Within thirty days of getting the form, the Registrar will do one of two things:
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If the live-in relationship meets the necessary criteria and isn't prohibited under Section 380, the Registrar will record the statement in a special register and issue a registration certificate to the partners or individuals involved.
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If the Registrar finds reasons to refuse registration, they will notify the partners or individuals in writing, explaining the reasons for the refusal.
383. Empowerment of Registrar under this Part, and maintenance of registers
The State Government can choose certain Registrars from Part-1 and authorize
them to also work as Registrars for this Part (which deals with live-in
relationships). This authorization is announced in the Uttarakhand Gazette,
which is an official publication of the state.
The Registrar, once authorized, is responsible for keeping records of statements
about live-in relationships and statements about the end of live-in
relationships. They also have to maintain any other registers required by law
and do so in the way specified by the authorities. This section explains how
certain officials are given the authority to handle registrations related to
live-in relationships and maintain the necessary records according to the law's
requirements.
384. Submission of statement of termination of Iive-in relationship
If both partners in a live-in relationship decide to end it, or if only one
partner decides to end it, they can do so by submitting a statement of
termination. This statement needs to be filled out in a specific format and
following specific steps set by the authorities. They should submit this
statement to the Registrar of the area where they usually live. If only one
partner is ending the relationship, they also need to give a copy of the
termination statement to the other partner. This process ensures that the
termination of the live-in relationship is officially recorded and acknowledged
by the authorities.
386. Notice for registration of live-in relationship
- If one partner in a live-in relationship hasn't submitted the required statement about the relationship, the Registrar can take action. This can happen if the Registrar notices the absence of the statement on their own, or if they receive a complaint or information about it.
- The Registrar will then send a notice to the partner who hasn't submitted the statement. This notice will ask them to provide the statement within thirty days from the date they receive the notice.
- Once the partner submits the statement, the Registrar will follow the same procedures as outlined in the earlier parts of the law for registering the live-in relationship. This ensures that all live-in relationships are properly recorded and documented according to the law.
387. Offences and punishment
This section outlines the penalties for various offenses related to live-in
relationships:
- If someone stays in a live-in relationship for more than one month without submitting the required statement to the Registrar, they can be punished by a Judicial Magistrate. The punishment could include imprisonment for up to three months, a fine of up to ten thousand rupees, or both.
- If a person submits a statement about a live-in relationship with false information or hides important facts from the Registrar, they can be punished. This could include imprisonment for up to three months, a fine of up to twenty-five thousand rupees, or both.
- If a partner in a live-in relationship fails to submit the required statement after receiving a notice to do so from the Registrar, they can be punished by a Judicial Magistrate. The punishment could include imprisonment for up to six months, a fine of up to twenty-five thousand rupees, or both.
These penalties are put in place to ensure that individuals comply with the
legal requirements regarding the registration and disclosure of information
related to live-in relationships.
388. Maintenance
If a woman is abandoned by her live-in partner, she has the right to claim
financial support, known as maintenance, from him. To do this, she can go to the
appropriate court where they last lived together. "Mutatis-mutandis" means that
these rules will apply with necessary changes to fit the situation of a woman
seeking maintenance from her live-in partner. So, if a woman finds herself in
this situation, she can seek financial support through legal channels by going
to court, and the relevant laws will be used to help determine her entitlement
to maintenance.
Conclusion
In conclusion, the enactment of the Uniform Civil Code (UCC) bill by the
Uttarakhand government represents a significant leap forward in the realm of
civil law, ushering in a new era of legal uniformity and inclusivity. By
consolidating diverse laws based on religion or community affiliations into a
single, comprehensive framework, the state has demonstrated its commitment to
promoting equality, consistency, and legal clarity across various aspects of
civil life.
The incorporation of provisions addressing live-in relationships within the UCC
underscores the government's progressive approach to recognizing and
safeguarding the rights and obligations of couples cohabiting without formal
marriage. Through these provisions, the state aims to ensure equitable treatment
and access to legal remedies for individuals in live-in relationships, thereby
advancing inclusivity and social justice in family law.
The detailed procedures outlined in the UCC for the submission, registration,
and termination of live-in relationships, coupled with provisions for penalties
in case of non-compliance, underscore the government's commitment to upholding
the integrity of the law and protecting the rights of individuals involved in
such relationships.
Furthermore, the provision for maintenance ensures that vulnerable individuals,
particularly women abandoned by their live-in partners, have access to financial
support through legal channels, thereby mitigating potential hardships and
ensuring their welfare.
Overall, the UCC bill represents a monumental step towards modernizing family
law, promoting fairness, inclusivity, and legal clarity, and setting a
progressive precedent for other regions to emulate. It stands as a testament to
Uttarakhand's commitment to upholding constitutional values and ensuring justice
and equality for all its citizens.
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