Uttarakhand registers first live-in relationship under Uniform Civil Code

Dehradun: The Uttarakhand government registered the first live-in relationship under Uniform Civil Code (UCC) that came into force on January 27. Meanwhile, five applications for live-in registration were still in the process.

Uttarakhand home secretary Shailesh Bagauli said, “A couple has successfully registered under UCC, while five applications are still in the process.”

“Couples were living in relationships before the UCC too, but we have just introduced the provisions for the protection of rights of women and children born out of the relationship under the law. That is why registration is necessary,” he said.

Asked why only a few applications have been received for the live-in relationship registration in ten days of the implementation of UCC, he said, “This is a new thing in the country. It will take some time for people to digest and come out for the registration. The acceptability will come slowly. We are also giving some time to people......even our registrars and sub registrars will take time to understand it.”

Some couples in live-in relationships HT spoke to said they are unwilling to register under UCC due to privacy concerns.

However, Bagauli said that the details of the applicants are encrypted and secured in the system.

Dehradun’s nodal officer for UCC, Abhinav Shah, said, “No registration for live-in relationship has taken place in the district.”

Kamla Pant of Uttarakhand Mahila Manch said, “Its Constitutional validity is questionable. It also violates the privacy of women and infringes upon the rights of members of minority communities. The law, if needed, should have been brought by the central government, not the state government.”

She said they along with other civil society members have been deliberating on the provisions of the law and formulating a strategy on its opposition.

Uttarakhand on January 27 became the first state in India to implement UCC that governs live-in relationships. The law makes it obligatory for live-in partners within the state, whether they are residents of Uttarakhand or not, to register their relationship with the registrar within whose jurisdiction they are living. It also applies to the residents of Uttarakhand who reside outside the state. The provisions will also apply in the cases where one of the partners is a foreign national and the other is a resident of Uttarakhand.

The registrar will examine the application of the partners and conduct an inquiry to find out whether they are following prescribed norms and conditions. The registrar can also summon the partners or any other person for verification and additional information or evidence.

The law states that those who are in a live-in relationship for more than one month and have not registered will be punished by a judicial magistrate with imprisonment for a term which may extend to three months or with a fine not exceeding ₹10,000, or with both. Those partners who provide false information or withhold any information that affects the decision of the registrar, will also be punished with imprisonment for a term which may extend to three months, or with a fine not exceeding ₹2,5000, or with both. Any partner who fails to register after being served notice would be punished on conviction by a judicial magistrate with imprisonment that may extend to six months or with a fine not exceeding ₹25,000, or with both.

According to UCC rules, there are provisions in the law under which registrar concerned will send the registration certificate of live-in couples to the officer-in­ charge of the local police station for record, and in case either of the partners is less than twenty-one years of age, their parents/guardians will be informed about it.

In the case of live-in relationships before the implementation of UCC, couples will have to register within one month from the date of implementation of the code. The registration of live-in relationships after the implementation of UCC will have to be done within one month from the date of entry into the live-in relationships. For termination of live-in relationships, one or both partners can end the live-in online or offline. If only one partner applies, the registrar will accept it only on the basis of confirmation from the other live-in partner. If the woman becomes pregnant from the live-in relationship, then it is mandatory to inform the registrar about the same within 30 days of the birth of the child.