Indian Express Editorial Analysis
19 February 2025
Policing, not protection
(Source – Indian Express, Section – The Ideas Page – Page No. – 15)
Topic : GS2 : Governance
Context
The Uttarakhand government introduced provisions on live-in relationships in its Uniform Civil Code (UCC) draft, sparking debates on the legal, social, and regulatory implications of non-marital relationships in India.
The Complexity of Uniform Civil Code and Live-in Relationships
- The debate surrounding the Uniform Civil Code (UCC) in India has always been contentious, but until recently, it has largely overlooked non-marital relationships.
- However, the Uttarakhand UCC’s emphasis on live-in relationships has sparked fresh discussions, ranging from legal ramifications to social implications.
- This raises fundamental questions about the necessity and scope of legal intervention in such relationships.
Lack of Empirical Data and Growing Public Attention
- One of the primary challenges in understanding live-in relationships in India is the lack of empirical studies.
- Most perceptions stem from anecdotal evidence, popular culture, and media portrayals of extreme cases, such as the 2022 Shraddha Walker murder case.
- Despite the rising number of legal disputes involving live-in partners over the past decade, Uttarakhand has not been a significant contributor to such litigation.
- This raises concerns about whether the UCC is the appropriate legal response to the complexities of non-marital relationships.
Judicial and Legislative Considerations in India
- Since the early 2000s, Indian courts, policymakers, feminists, and legal scholars have debated non-marital cohabitation.
- The issue gained traction when attempts were made to expand the definition of “wife” under the Criminal Procedure Code.
- Public discourse intensified following controversial statements by celebrities, such as Tamil actor Khushboo, regarding pre-marital relationships.
- The inclusion of “relationships in the nature of marriage” under the Protection of Women from Domestic Violence Act, 2005, further highlighted the legal ambiguities surrounding such relationships.
- Despite these efforts, the legal framework remains inconsistent and restrictive.
Diverse Forms of Non-Marital Relationships
- Live-in relationships do not follow a single pattern; they can serve as trial marriages, alternatives to traditional marriage, or companionship for widowed or divorced individuals.
- Additionally, some live-in relationships involve partners who are already married.
- Historically, certain cultural contexts in India have accepted these arrangements, but current legal frameworks do not fully recognize their diversity.
- The rigid definitions imposed by laws like the Uttarakhand UCC fail to account for the fluid and varied nature of these relationships.
Legal Recognition and Protection for Women
- The initial push for legal recognition of live-in relationships was aimed at protecting women, particularly those in secondary unions with already married men.
- The Malimath Committee, for instance, recommended broadening the definition of “wife” under Section 125 of the Criminal Procedure Code to include women who had cohabited with a man for a substantial period.
- However, courts have been reluctant to extend legal protections to such relationships, as seen in cases like Velusamy vs. D Patchaiammal (2010) and Indra Sarma vs. V.K. Sharma (2013), which restricted the definition of “relationships in the nature of marriage.”
Restrictive Nature of the Uttarakhand UCC
- The Uttarakhand UCC’s approach to live-in relationships reflects a restrictive stance.
- It mandates registration of such relationships, imposes eligibility criteria, and establishes a regulatory framework that could lead to coercive enforcement.
- Ironically, while this law appears to acknowledge live-in relationships, it also undermines their experimental and flexible nature, particularly for young couples.
- Instead of safeguarding individuals, the law risks exposing them to moral policing and unintended legal consequences.
Unanswered Questions and Future Implications
- The Uttarakhand UCC raises several unresolved questions: Should non-marital relationships be legally regulated?
- Should the law provide protection or act as a policing mechanism?
- What rights and obligations should be assigned to partners in such relationships?
- Additionally, the law does not account for same-sex relationships or cases where one partner is already married.
- By attempting to regulate relationships that may not require intervention, the UCC overlooks the broader complexities of personal choices and societal evolution.
Conclusion:
- The inclusion of live-in relationships in the Uttarakhand UCC has opened a complex legal and social debate.
- While protection for vulnerable partners is essential, over-regulation risks infringing on personal freedoms.
- Instead of imposing rigid frameworks, a more nuanced approach—one that balances legal safeguards with individual autonomy—may be better suited to address the evolving nature of relationships in India.