UCC| Uttarakhand High Court Hears Petition Against Mandatory Registration of Live-In Relationships

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The petition was filed by a couple from Maharashtra and Ranikhet (Uttarakhand), who argued that making the registration of live-in relationships compulsory is “unconstitutional.”

Nainital, February 21: The Uttarakhand High Court to hear petition that challenges the rule requiring mandatory registration of live-in relationships under the recently implemented Uniform Civil Code (UCC) in the state.

A division bench consisting of Chief Justice Guhanathan Narendar and Justice Ashish Naithani conducted the hearing on Friday.

The judges combined this petition with several similar cases, and the next hearing is scheduled for April 1.

The petition was filed by a couple from Maharashtra and Ranikhet (Uttarakhand), who argued that making the registration of live-in relationships compulsory is “unconstitutional.”

Senior Supreme Court advocate Raju Ramachandran, representing the petitioners, strongly opposed the registration requirement. He highlighted that the registration form demands excessive personal details, which violates an individual’s right to privacy.

“The government does not have the right to infringe upon the privacy of any person,” he argued before the court.

Furthermore, the petitioners’ counsel pointed out that the registration forms appear to be “biased” as they seek information that is not even required for registering a marriage.

Solicitor General Tushar Mehta appeared via video conference to present the views of both the state and Central governments on the issue.

Earlier this month, while reviewing similar petitions against the UCC, the High Court directed the Central and state governments to submit their replies within six weeks.

Mandatory Registration of Live-In Relationships

Under the UCC, registration of live-in relationships is mandatory, making Uttarakhand the first state in India to enforce such a regulation. Speaking about the new provisions, CM Pushkar Singh Dhami said,

“Children born through live-in relationships will also be considered to have equal rights in property. In this law, registration for live-in relationships has been made mandatory.”

He further explained,

“The registrar will give the information of the couple to their parents. This information will be kept completely confidential.”

Key Provisions of UCC for Live-In Relationships

The UCC outlines clear guidelines for individuals in live-in relationships, ensuring both legal recognition and accountability:

  1. Mandatory Declaration: Couples in a heterosexual live-in relationship within Uttarakhand, regardless of residency, must submit a statement to the registrar.
  2. Non-Resident Clause: Residents of Uttarakhand living in a live-in relationship outside the state may also register their declaration with the registrar.
  3. Confidentiality Assured: While parents of the couple will be informed, the details will remain strictly confidential.
  4. Penalties for Non-Compliance: Failing to register as live-in partners could result in a three-month jail term or a fine. Delays in registration or providing false information could lead to a six-month jail term or a fine of Rs 25,000.
  5. Equal Property Rights for Children: Children born out of live-in relationships will have equal rights to inheritance and property under the new law.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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