Context : Mandatory Registration & Documentation
- The Uttarakhand UCC mandates registration of live-in relationships at both commencement and termination.
Relevance : GS 2(Governance )
- Applicability: Not just to Uttarakhand residents but also to individuals residing elsewhere in India.
- Process:
- Registration can be done online or offline (requires a 16-page form).
- Documents needed:
- PAN card, Aadhaar linked to phone number, proof of residence/domicile.
- If aged between 18-21, Aadhaar-linked details of parents/guardians must be provided.
- Parents/guardians must be notified in case one or both partners are aged 18-21.
Relationship Criteria & Background Disclosure
- Only unmarried, heterosexual couples are allowed to register.
- Prohibited Relationships: If falling under “degrees of prohibited relationships” (as per Hindu Marriage Act, 1955), religious/community approval is required.
- Disclosure of Relationship History:
- Applicants must declare their current marital status (single, married, divorced, widowed, etc.).
- If previously in a live-in relationship, proof of termination must be furnished.
Housing & Landlord’s Role
- If already cohabiting: Must provide shared household proof (electricity/water bill).
- If renting:
- Landlord details, contact number, and rent agreement must be submitted.
- The registrar must contact the landlord for verification.
- Landlords must ensure tenants possess a provisional or final live-in registration certificate.
- Failure to comply results in penalties for landlords.
- If not cohabiting yet:
- A provisional certificate is issued, valid for 30 days (+15 days extension).
- Couples must secure accommodation and apply for final registration within this timeframe.
Penalties for Non-Compliance
- Failure to register within a month:
- Civil & criminal penalties: Up to 3 months jail, ₹10,000 fine, or both.
- False information or concealment:
- Stricter penalty: Up to 3 months jail, ₹25,000 fine, or both.
- Non-registration complaint:
- Registrar can issue a compliance notice.
- False complaints attract fines, with repeat offenses facing higher penalties.
Concerns & Criticism
- Right to Privacy Violation (Article 21):
- Experts argue mandatory registration infringes upon informational privacy & decisional autonomy.
- Contradicts Justice K.S. Puttaswamy case (2017), which upheld the fundamental right to privacy.
- Social Surveillance & Data Security Risks:
- Third-party disclosures lack safeguards, leading to potential misuse.
- No penalties for data leaks, raising concerns over risks to interfaith/inter-caste couples.
- State Overreach:
- The law equates live-in relationships with marriage, imposing excessive formalities and legal oversight.
Conclusion
Uttarakhand’s live-in relationship registration law introduces strict regulations, documentation mandates, and penalties, raising serious privacy, surveillance, and legal overreach concerns.
