Uttarakhand’s Uniform Civil Code passed by the State Assembly in February 2024, mandates the registration of live-in relationships both at their commencement and termination. This requirement applies not only to residents of Uttarakhand but also to individuals residing elsewhere in India.
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The rules, which came into effect on January 27, 2025, impose extensive documentation requirements for such registrations, including Aadhaar cards, details of any previous marital or live-in relationships, and the name and contact information of landlords. Experts have cautioned that these onerous restrictions on a consensual adult relationship constitute severe constitutional violations, particularly concerning privacy and personal liberty.
“Requiring individuals in a live-in relationship to register with the government constitutes a gross violation of the right to privacy enshrined in Article 21 of the Constitution. It also contravenes the nine-judge bench decision in Justice K.S. Puttaswamy v. Union of India, which affirmed that the right to privacy encompasses both informational privacy and decisional autonomy. There can be no disproportionate intrusion by the state into the private realm of an individual”, Alok Prasanna Kumar, co-founder of Vidhi Centre for Legal Policy told The Hindu.
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Registration process
Under the code, only unmarried, heterosexual couples can enter into live-in relationships. Couples currently in a live-in relationship or intending to enter one can register through the newly launched online portal. For offline registration, they have to submit a 16-page form along with supporting documents to the concerned registrar. Depending on the jurisdiction, the registrar may be the sub-divisional magistrate, municipal commissioner, chief executive officer of a cantonment board, or any officer appointed by them.
As stipulated in Rule 15(3)(e), applicants are required to submit an extensive set of documents for registration such as their photographs, their income tax Permanent Account Number (PAN), their Aadhaar linked to their phone number, and proof of residence or domicile within the State.
If either partner is between the ages of 18 and 21, they must provide the Aadhaar-linked phone number and address of each of their parents or legal guardians. The registrar is legally obligated to notify the parents or guardians regarding the registration of the relationship, as well as its subsequent termination.
Marriage eligibility and relationship history
A distinctive feature of the rules is their attempt to equate live-in relationships with the status of marriage. If a couple falls within the “degrees of prohibited relationships” as outlined in Schedule 1 — meaning they are related by blood — they must obtain approval from a religious or community leader certifying their eligibility to marry. The term “degrees of prohibited relationships” is derived from the Hindu Marriage Act, 1955, which forbids marriages between individuals who are lineally or consanguinely related, unless such unions are permitted by local customs.
Couples are also required to furnish proof of any prior relationships, particularly if they have previously been in a live-in relationship. Further, they are required to disclose their current status — whether single, married, divorced, annulled, separated, or widowed. Supporting documentation may include a divorce or annulment decree, a death certificate, or a certificate of termination for a previous live-in relationship. If a marriage was dissolved through customary religious practices, appropriate evidence of such dissolution must be provided.
Housing details
If the partners are already living together, they must provide proof of their shared household, such as the most recent electricity or water bill. If they reside in rented accommodation, they must also submit the landlord’s full name, contact number, and a copy of the rent agreement. The registrar is obligated to contact the landlord while verifying the application details.
If the partners are not yet living together, they must apply for a provisional certificate. Upon receiving such a certificate, the couple must secure accommodation within 30 days, with a possible 15-day extension. They must then apply for final registration, providing proof of their new premises.
The rules also impose specific obligations on landlords. When leasing property to a live-in couple, landlords must request either a provisional or final registration certificate, which will be incorporated into the rent agreement. Failure to comply will result in a penalty, the details of which will be notified by the government.
Summary inquiry and penalties
Under the rules, the registrar is empowered to conduct a summary inquiry to verify the authenticity of submitted documents and ensure that the relationship was not established through coercion, undue influence, misrepresentation, or fraud. If an application is rejected, the couple has the right to appeal before the Registrar General under the code.
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Failure to register a live-in relationship within a month may result in both civil and criminal penalties. Upon conviction, a magistrate may impose a jail term of up to three months, a fine of up to ₹10,000, or both. Providing false information or concealing details about the relationship carries a stricter penalty — imprisonment of up to three months, a fine of up to ₹25,000, or both.
The registrar, either acting suo motu or upon receiving a complaint regarding non-registration, can issue a notice directing compliance. Non-compliance may lead to legal proceedings, and if convicted, the couple could face imprisonment of up to six months, a fine of up to ₹25,000, or both. False complaints may attract a fine determined by the State government, with repeat offenders facing a higher penalty.
‘Social surveillance’
According to Apar Gupta, advocate and co-founder of the Internet Freedom Foundation, the rules allow third-party disclosures of personal data without sufficient safeguards. “The rules permit disclosure to entities such as landlords, police authorities, and resident welfare associations without proper checks and balances. This will lead to large-scale social surveillance of relationships, which appears to be the intended consequence of the legislation,” he said.
He also highlighted the absence of audit or review mechanisms to prevent data breaches. “There are no penalties for third parties in cases of data leaks, which is particularly concerning since the exposure of personal information can pose real-world threats. This is likely to disproportionately affect interfaith and inter-caste couples,” Mr. Gupta added.
