From Live-In Relationships to First Cousin Marriages: What’s Banned Under the New UCC Law

In a significant move under the newly implemented Uniform Civil Code (UCC) in Uttarakhand, couples in live-in relationships are now required to seek approval from religious leaders and the registrar if their relationship falls within certain “degrees of prohibited relationship.” This step is aimed at regulating cohabitation among individuals who might otherwise be restricted by social customs or religious norms.

Defining Live-In Relationships Under the UCC Act 2024

The UCC Act 2024 defines a live-in relationship as a union between a man and a woman who cohabit in a shared household in a manner similar to marriage. A “shared household” under the Act is described as a living arrangement where the couple, both being adults, reside together in a rented or jointly owned accommodation, or any other mutually agreed living space.

Importantly, the UCC categorizes some relationships as “prohibited” due to cultural or familial ties. These include marriages or live-in arrangements between close relatives, such as first cousins or other specific familial bonds. For instance, a man in Uttarakhand cannot enter into a live-in relationship with his first cousin or the daughter of his maternal or paternal uncle/aunt unless they obtain permission from a religious leader.

Also Read: Uttarakhand Set to Implement Uniform Civil Code from January 27

Prohibited Relationships and Their Impact on Live-In Registration

Under Section 3 of the UCC Act, the law identifies specific “degrees of prohibited relationships” for both men and women. A man is not permitted to enter into a relationship with close female relatives, such as his first cousin or the daughter of his maternal or paternal uncle/aunt. Similarly, women are restricted from forming relationships with certain male relatives like their great-grandfather or nephew, unless permission is granted by religious authorities.

The law also specifies that live-in couples falling within these prohibited categories must provide proof of the permissibility of their marriage or cohabitation. This can be achieved through a certificate from the religious leader of their community.

The Role of Religious Leaders and Customary Approval

For couples falling under prohibited relationship categories, the UCC mandates the submission of a religious certificate. This certificate should verify that the customs of the community allow such a union, with the religious leader attesting to the acceptability of the relationship. The certificate must include the religious leader’s name, address, and contact details.

Once submitted, the registrar is tasked with verifying the authenticity of the certificate. This includes conducting a summary inquiry to confirm whether the customs of the community genuinely permit the marriage or live-in relationship. If the registrar determines that the relationship does not align with the community’s customs or public morality, the registration of the live-in relationship may be rejected.

Public Morality and the Registrar’s Discretion

The registrar holds significant discretion in determining whether a live-in relationship aligns with public morality and societal customs. In the case of prohibited relationships, the registrar can reject the registration if it is deemed contrary to public morality or if the community’s customs do not support such a union.

Community-Specific Considerations

Manu Gaur, a member of the UCC Rules Framing Committee, emphasized that the requirement for a religious certificate will be applicable primarily to those couples whose relationships fall within the prohibited categories outlined in the Act. He highlighted that marriages in such prohibited relationships are exceptionally rare in Uttarakhand. As a result, only a small fraction of UCC registrations will require such certificates, likely under 1%.

Communities where such relationships are accepted may still register their live-in relationships by providing the necessary religious certificate, which would validate the permissibility of the union within the community’s customs.

The introduction of the UCC in Uttarakhand aims to bring a more structured approach to live-in relationships, while also respecting religious and cultural customs. The requirement for approval from religious leaders and the registrar for certain live-in couples places a significant emphasis on community norms and traditions, ensuring that relationships align with the values of the region. However, this law also underscores the complexities of balancing modern relationships with deep-rooted cultural and religious beliefs in the state.