International Journal For Multidisciplinary Research

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Legal Recognition of Live in Relationship by Uniform Civil Code : Challenges and Critical Analysis

Author(s) Ms. Priya Singh, Dr. Rashmi Singh Rana
Country India
Abstract The paper discusses the notion of live in relationship in detail and its historical background. It mentions how this concept has been prevalent in the society from a very long time. During the ancient times, there were various kinds of marriages and one kind namely, Gandharva marriage has events which are considered comparable with the concept of live in relationship.
The paper states that how the uniform civil code as implemented in Uttrakhand has made live in relationship similar to marriage while keeping in view that India being the social and cultural country also face challenges of its acceptance. The paper mentions that the mandatory registration of live in relationships or inter-faith relationships somewhere questions about the privacy rights of an individual as has been expressed in the K.S. Puttaswamy case . Is it an encroachment of civil rights of individual or justification for the state to take control over such relations. The article delves into the proportionality analysis of state intervention in personal relationships, emphasizing the need to balance individual rights, such as sexual autonomy and privacy, against societal interests. It evaluates the over-criminalization of persons own choices and executive intrusion into the private sphere, which often undermines individual freedoms. Furthermore, the discussion highlights the prioritization of marital institutions over sexual autonomy, reflecting societal and legal biases that marginalize non-marital relationships. The Uttarakhand Civil Code, as a potential model for a UCC, is scrutinized for its approach to live-in relationships, revealing both progressive elements and gaps in addressing the complexities of modern relationships.
Keywords Live in relationship, Legal recognition, Uniform civil code, Privacy rights.
Field Sociology > Administration / Law / Management
Published In Volume 6, Issue 6, November-December 2024
Published On 2024-12-15

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