Uttarakhand UCC: Regulation of Live-in Relationships and Prohibited Degrees of Relationship
(Source – Indian Express, Section – Explained – Page No. – 18)
| Topic: GS2 – Governance |
| Context |
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Analysis of the news:
Uniform Civil Code (UCC)
- The Uniform Civil Code is a law that seeks to establish a common set of legal provisions for all citizens, regardless of religion or community.
- It will standardise marriage, divorce, inheritance, property rights, and adoption laws.
UCC in Uttarakhand and Live-in Relationships
- The Uttarakhand Uniform Civil Code (UCC) mandates that couples in a live-in relationship, if falling within the “degrees of prohibited relationship,” must obtain permission from religious leaders and the registrar.
- The Act defines 74 such relationships—37 for men and 37 for women—where marriage or cohabitation is restricted unless explicitly permitted by religious customs.
- The registrar has the authority to reject registrations if they are deemed against public morality or customs.
Definition and Regulation of Live-in Relationships
- The UCC defines a live-in relationship as a cohabitation between a man and a woman in a shared household, either rented or owned.
- While such relationships are generally recognized under the Act, exceptions apply in cases where the individuals are within the prohibited degrees of relationship.
- Couples in such cases must provide proof of permissibility of marriage through certification from religious leaders, which the registrar verifies before granting approval.
Prohibited Relationships and Religious Approval
- Under the Act, relationships falling under “degrees of prohibited relationships” include first cousins and certain extended family members.
- If a couple falls within these categories, they must obtain a certificate from their religious leader affirming that their customs allow such unions.
- The registrar then conducts a summary inquiry to confirm the validity of the certificate and the permissibility of the relationship.
- If customs do not allow it, registration is denied.
Comparison with the Hindu Marriage Act and Other Laws
- The UCC’s approach to prohibited relationships is largely derived from the Hindu Marriage Act (HMA), which prohibits marriage within close family relations unless permitted by custom.
- Similarly, Muslim personal law restricts marriage between individuals related by consanguinity, affinity, or fosterage.
- The UCC follows a similar framework but extends these restrictions to live-in relationships, making registration conditional upon religious sanction in certain cases.
Implications and Exceptions
- According to the UCC Rules Framing Committee, religious approval is required only in rare cases where a pre-existing relationship falls under the prohibited category.
- Since such marriages are uncommon in Uttarakhand, the regulation is expected to impact less than 1% of UCC registrations.
- However, communities where such marriages are customary can still register their relationships by providing the required religious certificate.
- This ensures flexibility while maintaining societal norms.
| Practice Question: Discuss the key provisions of the Uttarakhand Uniform Civil Code (UCC) Act 2024 regarding live-in relationships. How does it regulate prohibited relationships, and how does it compare with existing personal laws like the Hindu Marriage Act? Critically analyze its implications on personal freedom and societal norms. (250 Words /15 marks) |
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