When Protection Turns Into Surveillance: Live- In Relationships Under The UCC
- IJLLR Journal
- Feb 15
- 2 min read
Priyanshi Agarwal & Paulcy Babu, CHRIST (deemed to be University), Bangalore
ABSTRACT
This paper critically analyses a specific provision of the Uniform Civil Code (UCC) introduced in Uttarakhand in 2024. The UCC aimed to make personal laws uniform and protect the interests of vulnerable groups; however, its mandatory regulation of live-in relationships contradicts its stated objective. This research paper aims to analyse whether the unprecedented regulation of live-in relationships will align with constitutional morality or undermine it. Employing a doctrinal research methodology, this paper draws on primary legal sources, including the text of the UCC, its drafting committee reports, and the provisions of the personal laws applicable to different communities. The author has used various landmark Supreme Court judgments to strengthen arguments and to expose certain fallacies of the UCC. Jurisprudential theories, including Ronald Dworkin’s conception of rights as “trumps” and Robert Alexy’s proportionality framework, provide a critical analysis of the legislative aim of the UCC and whether it aligns with the provisions of the Indian Constitution. The author also used a few secondary sources, including a family law handbook, journal articles, and sociological critiques of moral policing, to highlight the disproportionate effects of the UCC on vulnerable groups. The objective of this paper is not only to criticise the arbitrary regulation of live-in relationships, but also to highlight the benefits that can be enjoyed by people who register their relationships. Ultimately, the paper aims to highlight the significant shortcomings to legislators so that they can have informed debates, to caution policymakers against such arbitrary provisions, and to advocate for a Civil Code that protects the fundamental rights, liberty, and dignity of citizens in its essence.
Keywords: Constitutional Morality, Family Law Reform, Live-in Relationships, Proportionality, Uniform Civil Code.
