New Delhi: In a significant divergence from the Uttarakhand model, the planned central law on the Uniform Civil Code is unlikely to address the issue of live-in partnerships because it is not covered by the UCC, according to high-level law ministry sources.
The Uttarakhand legislation recommended mandatory registration of live-in partnerships and harsh penalties for violators, sparking public discussion about privacy and personal liberty.
According to sources, prominent members of the Law Commission oppose adding live-in relationships to the UCC draft. The 22nd Law Commission of India is responsible for developing a nationwide UCC, a long-standing election pledge of the Bharatiya Janata Party (BJP), the New Indian Express reported.
Members of the commission believe that the Uttarakhand code legalised live-in relationships through obligatory registration, which is counterproductive, according to sources. “The institution of marriage is sacrosanct and live-in relationships cannot replace it. The UCC is about common family law for all religious communities on matters such as marriage, divorce, adoption, inheritance and succession. Co-habitation doesn’t come under the purview of the UCC. But the Uttarakhand UCC has given it a status of marriage now,” said the top official.
The official noted that live-in partnerships are currently referred to as domestic relationships in the 2005 Domestic Violence Act. The law now includes measures for maintenance. “In the Uttarakhand UCC, a child born from such a registered live-in relationship will be treated as legitimate,” the official said.
While some BJP-ruled states, including Assam and Gujarat, are already considering their own UCC bills based on the Uttarakhand model, the source claims it will lead to constitutional problems. “Though states can enact some of the personal laws, the central law prevails in some cases,” he said.
The Uttarakhand code requires that those in live-in relationships notify the concerned registrar within a month of starting the relationship, or face up to three months in jail, a Rs 10,000 fine, or both.