Abstract

The practice of live-in relationships is a libertarian approach of modern society. Though no legislative sanction has been provided but Indian judiciary time to time granted the approval to such bondage. Interestingly the Uttarakhand Uniform Civil Code has introduced ‘non-registration of live-in relationship’ as an offence and this type of unwanted incursion into citizens’ personal life will be worsened by the prescription of a three-month prison term for non-registration. The apex court of the country already established that the decision of an individual who is of the age of majority, to live with an individual of his or her choice is strictly a right of an individual and when this right is infringed it would constitute breach of his or her fundamental right to life and personal liberty as it includes right to freedom of choice, to choose a partner and right to live with dignity as enshrined in Article 21 of the Constitution of India. Hence, the family, marriage, procreation, and sexual orientation are all integral to the dignity of the individual. Above all, the privacy of the individual recognizes an inviolable right to determine how freedom should be exercised. The right to get maintenance within live-in relationship nevertheless is a welfare provision. But this right has already been established by the judiciary within the scope of the Domestic Violence Act, 2005 or even under Criminal Procedure Code, 1973. This article is an analysis to find out if such kind of legalization of live-in relationships through registration in the Uttarakhand Uniform Civil Code is infringement of the constitutional status on right to privacy. Whether the provisions for live in relationships infantilize young adults till age 21? Whether it allows a patriarchal and paternalistic state and society to dictate what ought to be an intensely personal decision as to whether their relationship should be private or public?

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