New Delhi: Live-in relationships should not be given any legal recognition and restrictions should be imposed on them, the Bharatiya Janata Party (BJP) had suggested to a committee that drafted the Uniform Civil Code (UCC) Bill (which is now an Act). This came to light after a report on stakeholder consultation was made public Friday by Uttarakhand’s Rules Making and Implementation Committee.
The BJP-led Uttarakhand government later went on to make registration of live-in relationships mandatory and provide for maintenance to the woman in case she is deserted by her live-in partner.
In its suggestions, the BJP said that there should be “compulsory registration” of marriages and that “LGBTQIA: relations are not in accord with our socio-cultural mores; such relationships should be actively discouraged through statutory provisions”.
In May 2022, the Pushkar Singh Dhami-led BJP government formed a five-member committee, headed by retired Supreme Court judge Ranjana Prakash Desai, to prepare a UCC for implementation in the state.
The committee also included social activist Manu Gaur, former Uttarakhand chief secretary Shatrughan Singh, and Doon University vice-chancellor Surekha Dangwal.
In February, the Uttarakhand Assembly passed the UCC, which subsequently received presidential assent. The state government is all set to implement the law by October.
The report, which has now been made public, includes suggestions it received from the public, political parties and various other stakeholders.
According to the UCC, it is “obligatory for partners in a live-in relationship within the state, whether they are residents of Uttarakhand or not, to submit a statement of (the) live-in relationship” to the registrar under whose jurisdiction they reside.
It said that the “rights of children born of such relationships should be protected”.
It pointed out that the registration is merely for record-keeping, adding that the “UCC is unambiguously supported as it is constitutional, and even the Supreme Court supports it. However, care should be taken to avoid any resultant social disharmony”.
“Whereas social evils should be eradicated, care should be taken to preserve our national heritage. Generally, religious conversion should be prohibited. There should be a procedure for religious conversion to ensure that such acts are voluntary and not subject to any enticement or coercion,” it added.
Apart from making it mandatory to provide maintenance to the woman in case she is deserted by her partner, the Act also said that any child born out of a live-in relationship should be considered a legitimate child of the couple.
Other parties’ views on live-in relationships
The Bahujan Samaj Party (BSP) had said that live-in relationships should be regularised and registered to protect the “rights of both the parties”, adding that LGBTQIA relationships should also be registered.
The Communist Party of India (Marxist–Leninist) Liberation (CPI(ML)L) said that “the freedom and independence of persons in live-in relationships should be retained. However, their interests should be safeguarded”.
Just like the BJP, the All India Majlis-E-Ittehadul Muslimeen (AIMIM) headed by Asaduddin Owaisi has also opposed live-in relationships.
It pointed out that the “proposed UCC would likely be in conflict with the prevailing laws on personal civil matters”, adding that it would also impinge on the present diversity in customary practices and rituals”.
“Live-in relationships are firmly opposed. There is a lot of uncertainty in such relationships and also complications, like pregnancy, etc. Such relationships should be positively discouraged,” the AIMIM said.
(Edited by Radifah Kabir)
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