Proportionality Test of the framework for Live-In Relationships Under Uttarakhand’s Uniform Civil Code

The article examines the Uttarakhand Uniform Civil Code’s framework for live-in relationships, questioning its constitutionality by applying the Puttaswamy proportionality test and highlighting concerns over privacy, autonomy, and excessive state intervention.
Proportionality Test of the framework for Live-In Relationships Under Uttarakhand’s Uniform Civil Code
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Introduction: 

THE Uttarakhand Civil Code Rules, 2025 (“The Rules”) came into effect on January 2, 2025, almost a year after the passing of the Uniform Civil Code, Uttarakhand, 2024 (“The Code”) which received the assent of the president on March 11, 2024. Recently, the UCC Portal was launched which inter alia allows the registration and termination of live-in relationships, marking the formal implementation of the code in the state.

The provisions related to recognition and regularisation of live-in relationships between consenting adults in the Code and in the subsequent Rules framed under it, has garnered widespread debates and discourse.

In India, live-in relationships, while not illegal, are considered to be taboo in society to the extent of being termed as “immoral”. For instance, in 2023, Rajya Sabha member and BJP leader Ajay Pratap Singh urged the government to make live-in relationships illegal on the grounds that, “Marriage and family ties are a cultural heritage in India. Our religious scriptures and customs do not grant recognition to live-ins”. Later that year, BJP’s Lok Sabha member from Haryana Dharambir Singh called for a ban on live-in relationships, terming them a “dangerous disease” and a “Western concept” which is destroying Indian Culture.

The requirement of mandatory registration and criminal penalties for non-compliance under the UCC Uttarakhand poses serious implications for the right to privacy and personal autonomy of consenting adults.
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