The Uttarakhand UCC Bill (Uniform Civil Code) has been passed by the Uttarakhand Legislative Assembly with the aim of consolidating laws regarding marriage and property inheritance. The Bill only awaits the President’s assent to become an enforceable legislation. Directed by Article 44 of the Constitution, the UCC endeavours to supersede the distinct personal laws of various faiths, focusing on standardizing regulations concerning marriage, divorce, adoption, and inheritance. Irrespective of religious affiliation, all citizens would be governed by the same personal laws under this code. Key recommendations of the committee include the prohibition of practices such as polygamy, nikah halala, triple talaq, iddat, child marriage, and the establishment of a uniform age for marriage across all religions. However, a contentious aspect of the Bill is the mandatory registration of live-in relationships, with potential criminalization for non-compliance, raising concerns regarding the state’s jurisdiction over interpersonal relationships and individual autonomy.
According to the provisions of the Bill, live-in couples are required to furnish a “statement” to the Registrar, who has the authority to scrutinize and investigate the relationship. Additionally, partners may be mandated to appear in person, and the Registrar reserves the right to refuse registration. Termination of the relationship also necessitates notification. Failure to comply with these requirements incurs criminal penalties, comprising fines, imprisonment, or both while providing false information attracts further sanctions. The Registrar is obliged to inform the relevant police station about the specifics of the live-in relationship within its jurisdiction.
Potential Issues with Mandatory Live-in Registration in the Uttarakhand UCC Bill
The mandatory registration of live-in relationships under the Uttarakhand UCC Bill presents several concerns. Primarily, it imposes bureaucratic hurdles on consenting individuals seeking to cohabit, infringing upon their right to privacy and self-determination. The involvement of law enforcement agencies in regulating personal relationships, especially in a society prone to moral policing, could deter couples from pursuing live-in arrangements altogether. Moreover, vulnerable groups, including victims of domestic violence, LGBTQ+ individuals, and economically disadvantaged couples, may face disproportionate adverse impacts due to the criminalization of unregistered relationships.
Additionally, the one-month limitation on live-in relationships without registration encroaches upon individual liberty protected under Article 21 of the Constitution, which guarantees the right to a life of dignity and personal choices. The Bill’s provisions effectively impinge on personal decisions regarding cohabitation, undermining autonomy.
Enhancing the Uttarakhand UCC Bill
The Bill’s focus on mandatory registration and criminal penalties for non-registration of live-in relationships can be revised. Revisions to the Bill could focus on optional registration with tangible benefits, such as streamlined access to property rights and inheritance for couples. Moreover, provisions for dispute resolution within live-in relationships and clear guidelines for opting out of the registration process would offer a more equitable approach, respecting individual autonomy while safeguarding the rights of partners.
The Uttarakhand UCC Bill aspires to create a unified legal framework for personal matters. While some aspects aim to modernize personal laws, the mandatory registration of live-in relationships with criminal penalties raises concerns about individual autonomy and privacy. It is imperative to adopt an improved approach that upholds individual rights and accomplishes the goals of the UCC. Through open dialogue, public education, and a focus on social welfare, the UCC can be implemented in a way that benefits all citizens of Uttarakhand.
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