Why in the News?

Recently, the Uttarakhand government introduced new rules under the Uniform Civil Code to regulate live-in relationships. These rules require couples to complete a 16-page form and, if they wish to marry, obtain a certificate from a religious leader confirming their eligibility.

What has Uttarakhand’s Uniform Civil Code mandated with respect to the registration of live-in relationships? 

• Mandatory Registration: Couples in live-in relationships must register their relationship with the government within 30 days of entering into it. This requirement applies to all residents of Uttarakhand, including those living outside the state.
• Documentation Required: Couples must complete a 16-page registration form and provide various documents, which include: Proof of age, Proof of residency, Details of any previous relationships (marital or live-in) and a certificate from a religious leader confirming eligibility to marry if they choose to do so.

Should the parents of the individuals be notified by the registrar? 

• Yes, under Uttarakhand’s Uniform Civil Code (UCC), the registrar is required to notify the parents of individuals in live-in relationships if either partner is under 21 years of age.
• This notification is part of the registration process aimed at ensuring parental awareness and consent for younger individuals entering such relationships. For those above 21, their information will be kept confidential, and parents will not be notified.

Are there penalties for concealing the relationship?

• Failure to Register: Couples who do not register their live-in relationship within the specified time frame may face penalties, including:
  • A jail term of up to three months or a fine up to ₹10,000 for failing to register within 30 days.
  • If a notice is issued by the registrar and the individual fails to comply, they could face a jail term of up to six months or a fine up to ₹25,000.
• False Information: Providing false information during registration can also lead to penalties, including imprisonment and fines.

What about privacy?

• Intrusive Registration Process: The UCC requires couples to provide extensive personal information during the registration of their live-in relationships, which many individuals find intrusive. Critics argue that this process compromises their privacy by mandating the disclosure of sensitive details about their relationships, including previous partnerships and eligibility for marriage.
• Parental Notification: The requirement to notify parents if either partner is under 21 years old adds another layer of intrusion into personal lives. This provision can lead to unwanted scrutiny from family members, particularly for couples seeking to maintain privacy from their families.
• Potential for Misuse: The UCC allows third parties to raise complaints about live-in relationships, which could lead to moral policing and harassment. This aspect raises fears of social scrutiny and the possibility of individuals facing backlash or pressure from their communities or families based on their relationship status.
• Data Security Risks: Concerns have been voiced about the security of the data collected through the UCC’s online registration portal, especially in light of recent cyberattacks that have impacted Uttarakhand’s IT infrastructure. Residents question how their personal information will be protected and what measures are in place to prevent unauthorized access or breaches.

Way forward: 

• Safeguard Privacy & Data Protection – The government should implement stringent data security measures and ensure that personal details remain confidential, limiting access only to authorized personnel. The provision of parental notification for those under 21 should be reconsidered to balance individual rights with social concerns.
• Simplify Registration & Reduce Intrusiveness – The registration process should be streamlined with minimal documentation requirements, avoiding unnecessary personal disclosures. Instead of a blanket mandate, an opt-in registration system or voluntary declaration could be considered to respect personal choices.

Mains PYQ:

Q Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC IAS/2017)

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