February 7, 2024
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Uttarakhand recently submitted a Uniform Civil Code (UCC) bill that calls for the mandatory registration of live-in relationships within a month’s time of entering into such relationships, a move that has created significant discussion and controversy.

The bill has sparked controversy, attracting both backing and opposition from numerous locations. The exceptional move implemented by the Uttarakhand government presents serious problems when it comes to individual freedom, private rights, and the function of the state in regulating relationships between individuals.

uttrakhand ucc bill: About

  • The UCC bill, which does not include the Scheduled Tribes, suggests a common law for all state residents, regardless of religion, regarding inheritance, land, divorce, marriage, and polygamy.
  • The purpose of the proposed UCC is to create consistent civil laws that apply to every community in the state.
  • The Uttarakhand UCC’s statement of purpose and reasons makes reference to Article 44, stating that the statute was drafted in accordance with the constitutional requirement to guarantee that residents of the state are subject to a common body of laws.

Section 378 of the Uttarakhand UCC Bill

  • Assuming that such relationships are not illegal, the Bill initially defines a live-in relationship as one in which a man and a woman co-exist in a shared household through a partnership akin to marriage.
  • As per the live in relationship news in Uttarakhand, according to Section 378 of the Uttarakhand UCC Bill, individuals living in the State and in a live-in relationship are required to provide a statement about their arrangement to the registrar in charge of that area.

Uniform civil code bill on live-in relationships

  • As per the live in relationship Uttarakhand news, two days after receiving approval from the government, the draft of the UCC Bill was presented to the state assembly on January 6, 2024.
  • The UCC requires people for live in relationship registration mandatory by submitting declarations before the Registrar. It was introduced in the Uttarakhand Assembly on Tuesday. Infractions of the regulations may result in a fine of Rs 25,000 on both the individuals, a three-month jail sentence, or both.
  • Any individual who submits false information to the Registrar regarding a live-in relationship may face a greater punishment in addition to a three-month jail sentence.
  • According to the Code, the state government may designate a Registrar to serve in the capacity of the Registrar by publishing a notice in the Uttarakhand Gazette.
  • The Registrar is responsible for keeping records of live-in relationships, termination of live-in relationships, and any other registrations in the format and with the frequency that may be specified.

Role of the Registrar in the Registration of live in relationship Uttarakhand

  • In accordance with Section 381, the Registrar will review the information in the Couples’ Statement and carry out a cursory investigation.
  • This investigation will basically check into a number of things, such as whether one of the couples is married or exists in a live-in relationship, regardless any of the partners is a minor, and whether or not the permission was given voluntarily or under duress, coercion, undue influence, or identity fraud.
  • The registrar may also call the partners or any other person for verification under Section 381(3), and may request that the partners or any other person provide further information or supporting documentation for the investigation.

Discretion of the Registrar:

The registrar is given two choices under Section 381(4). Following receipt of the live-in relationship statement, the registrar will, within thirty days, either:

  • choose not to register the statement, in which case the Registrar will notify the partners/persons of the explanations in writing for such a refusal; or
  • enter the statement in a prescribed register for the live-in relationship and issue a registration certificate to the partners/persons in the prescribed format.

All Uttarakhand citizens, whether they reside inside or outside the state borders, are covered by the bill. It does not, however, include the Scheduled Tribes. Relationships based on force or fraud, especially those involving minors, will not be registered as live-ins. In addition to three months in jail, the law also increases the penalties for providing false information while registering a live-in relationship.

The Uttarakhand UCC draft bill is aimed at ensuring the live-in relationships constitutional legitimacy and validity, despite the reality that its mandatory registration provision has resulted in a not a soon ending debate about individual freedoms, their rights as individuals, and the role of the state in safeguarding the live-in relationships among the live-in couples. Though it keeps raging heated conversations, the UCC bill underscores the complicated relationships that the law, society as a whole, and culture all have a continuous and direct effect on the nature of live-in relationships.

In conclusion, overcoming this issue is going to involve striking an appropriate equilibrium between the requirements of society, individual liberties, and governmental commitments.

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