Uttarakhand: The Uniform Civil Code was tabled in Uttarakhand Assembly on Tuesday by Chief Minister Pushkar Singh Dhami. The proposed law will be applicable to all residents of the state except scheduled tribe listed under Part 21 of the constitution. Among several key provisions of the proposed legislation, one of the points that has sparked heated discussions is that while live in relationships have got acceptance, those relationships will have to be registered within a given time, failing which the couple will face punitive action.
While for most people, live-in relationship is an arrangement that provides an escape route from long-term commitment, or are just willing to stay together with no restrictions on entry into or exit from the relationship, will the proposed law wipe out the difference between a live-in relationship and the institution of marriage?
Here's a comparative analysis of the provision for Live-in relationships and marriage
1) Age restriction
Marriage- The age of marriage is defined at 21 for men and 18 for women. At the time of marriage, men should not have a living wife, and women a living husband, and both the couple should be of “sound” mind.
Live in relationship- However, in case of live in relationship, if any of the partners is less than 21 years old, the registrar will inform the parents of the couple and forward the registration to the local police station.
2) Registration
Marriage-Every marriage has to be registered within 60 days. Three months jail term and fine of ₹25,000 will be awarded for wrong information during marriage registration and ₹10,000 fine for not registering the marriage. No marriage can be dissolved without a court order or else there would be punishment of up to 3 years in jail. Marriage in violation of the condition specified for the same will result in jail term of six months and penalty of up to ₹50,000.
Live in relationship-Not registering live-in relationships could result in jail of up to three months and fine of ₹10,000 or both.
3) Separation
Marriage- No marriage can be dissolved without a court order or else there would be punishment of up to 3 years in jail. Marriage in violation of the condition specified for the same will result in jail term of six months and penalty of up to ₹50,000.Divorce pleas are to be filed in specified courts and the decree is to be issued within 60 days.
Live in relationship- In case of termination of the live-in relationship, the registrar will have to be informed, who will then inform the other partner.
4) Compensation after separation
Marriage- Both men and women will be entitled for alimony and maintenance.
Live in relationship- In case, a man deserts a woman in a live-in relationship, he would have to pay maintenance as decided by the competent authority to the woman.
5) Children born out of live-in relationships will have all legal rights making them at par with the children born to a married coupld.
As the bill proposes a common law on marriage, divorce, property and inheritance for all citizens irrespective of their religion in Uttarakhand, excluding Scheduled Tribes which comes as a good news for women of all the religions particularly for Muslim women whose rights are violated in the absence of codified laws, several people have criticised the point that makes it compulsory to register a live-in relation ship. Critics said that the proposed law undermines the essence of live-in relationships by imposing rigidity and formalities akin to marriage.
