Context: 

This editorial is based on the news “Uttarakhand Uniform Civil Code: Registration of live-ins, jail term raise questions of privacy & liberty” which was published in the Indian Express. Recently, the Uttarakhand government tabled the Uniform Civil Code (UCC) 2024 Bill in the Assembly which makes important changes in areas such as marriage, divorce, and succession.

Uttarakhand Uniform Civil Code Bill 2024: Objective & Applicability

• Objective: The Uttarakhand Uniform Civil Code Bill 2024 proposes a common law on marriage, divorce, inheritance of property and live-in relationships for all citizens, irrespective of their religion. 
• Applicability: It covers matters related to marriage, divorce, inheritance and adoption. 

Exception- Provisions of the Uttarakhand Uniform Civil Code Bill Do Not Apply to Tribal Communities

• Scheduled Tribes have been kept out of the scope of this law.
• Unique Customary Practice: The provisions shall not apply to the members of any Scheduled Tribes within the meaning of clause (25) of Article 366 of the Constitution of India and the persons and group of persons whose customary rights are protected under Part XXI of the Constitution of India.

Provisions of Uttarakhand Uniform Civil Code Bill On Live-in Relationships

• Mandatory Registration: The registration of any live-in relationship within the state’s jurisdiction, regardless of whether the man and woman are residents of Uttarakhand or not. The registration is solely for record purposes. 
• Procedure: Submitting a statement to the Registrar (under sub-section (1) of section 381 to the Registrar), who will conduct an inquiry and either register the relationship or provide reasons for refusal. 
  • Registrars are empowered to handle registrations and maintain relevant registers.
• On Termination: Partners can terminate the relationship by submitting a termination statement. 
  • Failure to submit statements or providing false information can lead to penalties. 
• Rights Available: Women deserted by their live-in partners can claim maintenance through the competent court. 
  • Children born out of such relationships are considered legitimate.
• Prohibition to Registration: Certain conditions such as being within prohibited degrees of relationship, being married or in another live-in relationship, or involving a minor or obtained by coercion or fraud.
• Authority: The state government has the authority to make rules for implementing these provisions.
• Concern: The sphere of privacy allows persons to develop human relations without interference from the outside community or from the State. 
  • In the Indian Constitution, the right to live with dignity and the right of privacy both are recognised as dimensions of Article 21.
  • In the 2017 landmark Puttaswamy ruling, the Supreme Court recognised the right to privacy, the Court had cited several precedents stating that personal information which has no relationship to any public activity or interest”, or which would cause “unwarranted invasion of the privacy of the individual”, unless the authority is “satisfied that the larger public interest justifies its disclosure”.
  • The Delhi High Court in the Naz Foundation ruling in 2009, for the first time struck down Section 377 of the IPC. The exercise of autonomy enables an individual to attain fulfillment, grow in self-esteem, build relationships of his or her choice and fulfill all legitimate goals that he or she may set.

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