Uniform Civil Code (UCC) Bill gives Legal Recognition To Children From Live-Ins

Uttarakhand CM Dhami introduced the bill, entering with the Constitution. The UCC Bill was presented in the Assembly on 6th February 24, stating legal recognition for children of live-in relationships.

Live-In to Be Registered

The bill mandates that anyone entering a live-in relationship within Uttarakhand, regardless of residency, must provide a statement of their arrangement.

The bill, outlined in Part 3 titled ‘Submission of statement by partners to a live-in relationship,’ specifies:

1. Partners engaged in a live-in relationship within Uttarakhand must submit a statement to the Registrar, regardless of residency, as per section 381(1).
2. Residents of Uttarakhand residing in a live-in relationship outside the state can submit a statement to the Registrar where they usually reside, as per section 381(1).

When is Registering a Live-In Relationship Not Necessary?

A live-in relationship cannot be registered in the following situations:

1. Incest: When the partners are close relatives as defined by law, similar to those prohibited from marrying.
2. Existing Partner: When either partner is already married or currently part of another registered live-in relationship.
3. Minor Involvement: When one of the individuals involved is underage.
4. Coerced Consent: Where one partner’s agreement to the relationship was obtained through force, threats, undue pressure, misinformation, or lies about the other partner, including their identity.
5. Prohibited Relationships Based on Custom: When at least one partner belongs to a community with customs that do not allow such relationships, even if considered marriages within that community, due to concerns about public policy or morality.

The act of registering a live-in relationship under clause (a) of sub-section (4) of section 381 is solely intended for the purpose of documentation.

Ending a Live-in Relationship:

Either partner, or both together, can officially end their live-in relationship by submitting a termination statement. This statement must be completed in the correct format and submitted to the appropriate Registrar based on your usual residence.

If only one partner initiates the termination, they must still provide a copy of the statement to the other partner.

Key points:

• Both partners or just one can initiate the termination.
• A specific form needs to be filled out and submitted to the relevant Registrar.
• If one partner ends it, they must inform the other.

Offences and punishment

According to the Uttarakhand UCC:

1. Those who engage in a live-in relationship for over one month without reporting it may face imprisonment for up to three months, a fine of up to ten thousand rupees, or both.

2. Providing false information or withholding material facts regarding a live-in relationship during registration could lead to imprisonment for up to three months, a fine of up to twenty-five thousand rupees, or both.

3. Failure to submit a live-in relationship statement when required may result in imprisonment for up to six months, a fine of up to twenty-five thousand rupees, or both.

Procedure for live-in relationship registration:

1. Partners or individuals intending to enter into a live-in relationship must submit a statement to the Registrar in the prescribed format and manner.

2. The Registrar will conduct a summary inquiry to ensure the relationship does not fall under prohibited categories.

3. The Registrar may summon individuals for verification and request additional information or evidence.

4. Within thirty days of receiving the statement, the Registrar will either register the relationship and issue a certificate, or refuse registration and provide written reasons for the refusal.

Maintenance:

In the event of a woman being abandoned by her live-in partner, she has the right to claim maintenance from said partner. To do so, she may approach the appropriate court with jurisdiction over the location where they last lived together. In such circumstances, the relevant provisions outlined in Chapter 5, Part 1 of the Uttarakhand UCC shall apply with necessary modifications.

Legislative Process and Significance:

The Uttarakhand UCC Bill, recently presented in the state Assembly, is set to undergo deliberation before potential enactment. If passed, it will mark a significant milestone for Uttarakhand, becoming the first state post-Independence to adopt the Uniform Civil Code (UCC). Notably, the UCC has been in practice in Goa since the era of Portuguese governance.

Understanding Uttarakhand’s Uniform Civil Code:

The Uniform Civil Code (UCC) in Uttarakhand encompasses a comprehensive set of laws applicable to all citizens, irrespective of religious affiliations, particularly concerning marriage, divorce, inheritance, and adoption.

During the last assembly election, the BJP, victorious in Uttarakhand, pledged to introduce a common civil code for the state.

Under the guidance of a retired Supreme Court judge, a state-appointed panel meticulously drafted a 749-page document, drawing from an extensive compilation of approximately 2.33 lakh written submissions and consultations with 60,000 individuals.

Key proposals within the code include the prohibition of polygamy and child marriage, establishment of a uniform marriageable age for girls regardless of faith, and standardization of divorce procedures.

Additionally, Uttarakhand’s UCC aims to outlaw practices such as ‘halala’ and ‘iddat,’ which are customary Islamic rites mandated for women following divorce or the demise of their husbands.

While Uttarakhand is not alone in its pursuit of a uniform civil code, with Assam, another BJP-governed state, announcing similar intentions, both states have exempted tribal communities, a significant electoral constituency in each region, from these regulations.

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Source: Google NDTV India TV

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