Uttarakhand Chief Minister Pushkar Singh Dhami launches Uniform Civil Code portal and a booklet, successful Dehradun. (Source: PTI)
A 16-page signifier that needs to beryllium filled, Aadhaar-linked OTP, registration fee, a certificate from a spiritual person that the mates is eligible to wed if they truthful wish, and details of erstwhile relationships — these are among the rules prescribed by the Uttarakhand authorities for registration of live-in relationships nether its Uniform Civil Code.
The UCC Act, which was passed by the authorities Assembly successful February 2024, makes it mandatory for couples to registry with the government, some portion initiating and terminating a live-in relationship. Failure to registry carries a jailhouse word up to six months. This applies to residents of Uttarakhand arsenic good arsenic authorities residents surviving elsewhere successful India.
The Rules, which came into effect January 2, outline the documentation required for the registration process – it tin beryllium done some offline and online. Rule 15 (3) successful Chapter 5 outlines the “information to beryllium included successful the Statement of Live-in Relationship”. These documents are to beryllium attached with a 16-page signifier – Form 3 of the Annexures to the Rules by those “already successful a live-in narration oregon intending to participate into a live-in relationship”.
The Rules necessitate successful prescribed format “proof of permissibility of matrimony betwixt the registrants if they are wrong the degrees of prohibited relationship”.
“A certificate issued by an authoritative of a spiritual leader/community caput oregon authoritative of a religious/community assemblage acrophobic that the customs & usage governing the registrants licence matrimony betwixt them,” it states. Rule 3 (u) besides defines who is simply a spiritual leader: “in narration to a assemblage means a clergyman of the spot of worship of that assemblage oregon an bureau bearer of the spiritual assemblage pertaining to that community”.
Legal experts fearfulness that this request could marque inter-caste and interfaith relationships virtually impossible. “Simply put, this is simply a secular instrumentality requiring anterior spiritual authorisation for eligibility of matrimony to adjacent participate into a live-in relationship,” Bengaluru-based elder advocator Jayna Kothari said.
For impervious of erstwhile past of relationship, the Rules necessitate details of “marital oregon live-in narration anterior to the onset of the existent live-in relationship”. These documents could see last decree of divorce; last decree annulling a marriage; decease certificate of a spouse; certificate of terminated live-in relationship. For marriages dissolved nether customary spiritual practices, past impervious of specified dissolution would beryllium required.
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Setting signifier for others
Under the UCC, the Registrar has powers to contented announcement connected his ain oregon connected the ground of a ailment to an idiosyncratic to registry their live-in relationship. Additionally, isolated from conducting a summary enquiry into the veracity of the documents, the Registrar has to pass the ineligible guardian oregon genitor of the parties registering their live-in narration if they are beneath property 21.
The instrumentality states that the registration is lone for the “purposes of grounds keeping.” However, the Rules necessitate the Registrar to guardant these registrations to the section constabulary stations wherever the mates resides and makes it mandatory for landlords to request a “provisional” oregon last certificate of registration of the live-in relationship.
Apurva Vishwanath is the National Legal Editor of The Indian Express successful New Delhi. She graduated with a B.A., LL. B (Hons) from Dr Ram Manohar Lohiya National Law University, Lucknow. She joined the paper successful 2019 and successful her existent role, oversees the newspapers sum of ineligible issues. She besides intimately tracks judicial appointments. Prior to her relation astatine the Indian Express, she has worked with ThePrint and Mint. ... Read More
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