Who will take responsibility for child? Uttarakhand chief justice questions live-in relationships

Uttarakhand: Uttarakhand Chief Justice G Narender recently addressed the regulation of live-in relationships during a hearing on a petition challenging provisions of the Uniform Civil Code (UCC) of Uttarakhand Act, 2024. He questioned, "What happens if this relationship breaks up? What if there is a child out of this relationship?" He emphasized that while marriage presumes paternity, live-in relationships lack such presumptions, potentially affecting the self-respect and rights of a child born from such a union.

Domestic violence act

 He further noted that live-in relationships are already recognized under the Protection of Women from Domestic Violence Act. The UCC, recently implemented in Uttarakhand, mandates that live-in partners register their relationship with district officials. Failure to do so can result in imprisonment of up to three months or a fine of up to ₹10,000, or both. The code also ensures that children born from such relationships are considered legitimate, and provides that deserted women are entitled to claim maintenance from their partners. 

Supreme court's Puttaswamy ruling

These regulations aim to protect the rights of individuals in live-in relationships, especially women and children. However, they have sparked debates about privacy and personal liberty. Critics argue that mandatory registration infringes on individuals' rights to privacy and autonomy, as recognized by the Supreme Court's Puttaswamy ruling, which affirmed privacy as a fundamental right. 

Live-in relationships

The UCC's provisions on live-in relationships are part of a broader effort to establish uniform personal laws in Uttarakhand, covering areas such as marriage, divorce, inheritance, and maintenance, irrespective of individuals' religion or personal beliefs.