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Live-in Relationships: Problems with Regulation - UPSC Editorial

Last Updated on Feb 13, 2025

Also Read Live-in Relationships in Hindi

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Context: Uttarakhand has implemented the Uniform Civil Code that not only governs live-in relationships but various aspects of civil life.

The Uniform Civil Code is a law that would apply to all citizens, without distinction of religion, in all aspects of life, such as marriage, divorce, inheritance, adoption, and maintenance. At present, most of the Indians are governed in such matters by their respective religious laws.
A same issue arises, in what form India is not able to support UCC provisionally? Article 44 of the Constitution of India118 states that the state shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India.

Read the article on the Constituent Assembly Debate on Uniform Civil Code!

Analysis based on	Editorial published on The problem of regulating live-in relationships in The Hindu on February 11th, 2025
Topics for UPSC Prelims	Uniform Civil Code (UCC), Fundamental Rights
Topics for UPSC Mains	Right to Privacy, Human Rights

Key Provisions of Uttarakhand UCC on Live-in Relationships
Some of the salient features of the Uttarakhand UCC include:

Opposite-sex live-in relationships must be compulsorily registered within a month-and-nothing else than that. Non-registration is also subjected to persecution.

Children born in live-in relationships are said to be legitimate, deserve inheritance, and have many more legal rights than illegitimate ones.

Provides for maintenance on the offense of desertion, but no maintenance right in case of breakup. The breakup is one-sided and only needs a declaration of the relationship termination to be filed with the registrar, hence minimal legal recourse for the woman.

Further failure to register or refuse is punishable by criminal penalties.

Only recognizes opposite-sex live-in relationships while rendering same-sex couples completely unprotected.

Read the article on the Puttaswamy Case!

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Concerns with the UCC’s Regulation of Live-in Relationships
Some of the major concerns of UCC’s regulation of live-in relationships:

The UCC defines live-in relationships as "in the nature of marriage" and leaves out the dynamic range of informal arrangements where people live together.

The time frame for the one-month registration process completely ignores the reality of how many cohabiting relationships develop, as there is typically no clear-cut beginning.

Casual relationships may have to meet the expectations of legal relationships, thereby exposing them to heightened scrutiny by legal and societal standards.

Very little protection to women under the regime of UCC: No support for women post-breakup becomes a huge aspect since it puts them in a vulnerable situation about financial security.

The requirement for police notification and parental involvement regarding individuals under 21 presents an excessive level of governmental control over personal decisions.

Families may exploit this legislation to interfere with inter-caste or inter-religious relationships, thereby heightening the dangers associated with honor-based violence.

Read the article on the National Human Rights Commission (NHRC)!

Impact on Sexual Autonomy and Privacy

The UCC’s regulation of live-in relationships will have the following impacts:

Mandatory registration infringes upon the fundamental right to privacy and personal freedom, placing individuals under the gaze of social and familial judgment.
Notifying parents about live-in relationships involving those under 21 undermines adult agency, potentially leading to instances of coercive separation or even violence.
Government involvement in tracking these arrangements casts them as matters pertaining to law enforcement rather than trusting private agreements, thereby enabling moral policing.
Same-sex partnerships and non-marital cohabitation remain unprotected by legal frameworks, perpetuating exclusionary practices and inequality.
Unlike other regions where live-in relationship registrations facilitate access to welfare benefits, Uttarakhand’s UCC employs registration chiefly as a mechanism for state control.

Read the article on the Universal Declaration of Human Rights!

Way Forward

Couples should have the choice whether or not to register their live-in relationships instead of facing mandatory requirements.

Ensure that protections extend equally to same-sex partners and non-marital cohabitants without necessitating adherence to marriage-like constraints.

Focus efforts on providing support such as maintenance rights, property ownership issues, and protection against domestic violence rather than criminalizing unregistered cohabitation.

Amendments are required to eliminate clauses demanding parental notifications while ceasing police surveillance over consensual adult relationships.

The UCC must be consistent with the Right to Privacy established in the Puttaswamy case (2017) by acknowledging that live-in relationships represent a matter of personal choice.

Read the article on the Office of the High Commissioner for Human Rights (OHCHR)!

Final Takeaway
The approach taken by Uttarakhand’s UCC treats live-in relationships predominantly as instruments of societal regulation rather than progress through effective legal reform. A balanced strategy should emphasize protective measures rather than methods geared toward compulsion or control.

UPSC Practice Question
While legal recognition of live-in relationships aims to provide social security and legitimacy, excessive regulation can lead to state overreach and erosion of personal freedoms. Discuss. (Ink in 250 words)

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Live-in Relationships: Problems with Regulation - UPSC Editorial

IMPORTANT LINKS

Impact on Sexual Autonomy and Privacy

UPSC Practice Question
While legal recognition of live-in relationships aims to provide social security and legitimacy, excessive regulation can lead to state overreach and erosion of personal freedoms. Discuss. (Ink in 250 words)

PSC Exams

Latest Exam Update

Coaching

UPSC Current Affairs

Syllabus

UPSC Notes

Previous Year Papers

Mock Tests

UPSC Editorial

Books

Government Schemes

Topics

Bilateral Ties

Live-in Relationships: Problems with Regulation - UPSC Editorial

IMPORTANT LINKS

Impact on Sexual Autonomy and Privacy

UPSC Practice QuestionWhile legal recognition of live-in relationships aims to provide social security and legitimacy, excessive regulation can lead to state overreach and erosion of personal freedoms. Discuss. (Ink in 250 words)

UPSC Practice Question
While legal recognition of live-in relationships aims to provide social security and legitimacy, excessive regulation can lead to state overreach and erosion of personal freedoms. Discuss. (Ink in 250 words)