Living Together Could Land Indian Couples in Jail

India's ruling nationalist Bharatiya Janata Party (BJP) has recently passed a significant legislation as part of the state's Uniform Civil Code (UCC), targeting what it terms "live-in" relationships. Approved by local representatives on Tuesday, this law, firmly rooted in the Indian Constitution, aims to put an end to religious interpretations governing various aspects of personal law, such as marriage, divorce, inheritance, and adoption.

 

Under this new law, failure to declare a live-in relationship could result in a potential fine, equivalent to about £240, and could even lead to jail time. Since gaining independence in 1947, India has allowed Hindus, Muslims, Christians, and other minority groups to adhere to their respective personal laws and customs, with the option of following a secular code for matters such as marriage, divorce, adoption, and inheritance.

 

However, the UCC, a longstanding pledge of the BJP, seeks to change this by prohibiting various Muslim practices, including polygamy, and imposing minimum marriage ages for both men and women. Additionally, the code prohibits marriages between relatives, grants equal inheritance rights to sons and daughters, and, notably, introduces regulations for "live-in" relationships, a first on a national scale.

 

According to the provisions of the law, unmarried couples—defined as a man and a woman—must inform their local registrar if they are cohabiting. Subsequently, an inquiry will be conducted to verify the relationship and ensure compliance with regulations prohibiting minors or individuals already married from entering into such arrangements. If either partner is under 21, the police and parents will be notified. Certificates will be issued to couples who successfully pass these checks.

 

Legal scholars have raised concerns about these provisions, arguing that they represent a regressive and unconstitutional intrusion into personal matters. Critics believe that granting the state the authority to regulate romantic relationships infringes upon the right to privacy. Prashant Bhushan, a supreme court lawyer, strongly opposes the law, labeling it as "absurd" and "totally unconstitutional."

 

As India moves forward with this controversial legislation, it remains to be seen how it will be implemented and what implications it will have for the country's diverse social fabric and individual freedoms.

 

The Johnson Partnership

(formerly GV Hale)

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