Abstract

The Uttarakhand Uniform Civil Code (UCC) proposes to equate live-in relationships with marriage, marking a significant development in India's legal landscape. In a country where marriage is traditionally revered as a sacred institution, this proposal introduces a complex and controversial shift. This paper critically examines the social, legal, and cultural ramifications of equating live-in relationships with marriage, arguing that such a move oversimplifies these distinct unions and poses potential legal challenges. Historically, marriage in India has been deeply rooted in religious, cultural, and familial traditions, transcending a mere legal contract to represent a societal cornerstone. Live-in relationships, although gaining acceptance in urban areas due to modernization and judicial recognition, still face social stigma in much of India. The Supreme Court has acknowledged live-in relationships under specific conditions, emphasizing their legal distinction from marriage. However, Uttarakhand’s UCC proposal mandates the registration of all live-in relationships, a legal step that risks blurring the lines between these two forms of union. One of the key concerns is the infringement on personal autonomy, as the mandatory registration of live-in relationships may violate the right to privacy, previously upheld by the Supreme Court. By imposing state oversight, this law could undermine the freedom of individuals to define their own relationships. Moreover, the provision allowing only women to claim maintenance in live-in relationships raises issues of gender inequality, potentially reinforcing outdated gender roles and contravening constitutional guarantees of equality. Equating live-in relationships with marriage also risks extending controversial marital privileges and exceptions, such as the marital rape exemption, to live-in partners, which could have detrimental legal and ethical consequences. This conflation disregards the distinct nature of live-in relationships, which are often chosen to avoid the formalities of marriage.

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