Mumbai:

To secure pre-arrest bail in a rape case filed by his partner in Mumbai, a 46-year-old man has produced a “live-in relationship agreement” that he claims states that they would not file any case of sexual harassment against each other.

Except, the 29-year-old woman who took him to court told a Mumbai court that the signature on the document was not hers.

The woman works as a caregiver for the elderly, while the accused is a government employee, said the police, which is now trying to verify the so-called relationship pact.

The woman has alleged that her partner had promised to marry her and had raped her multiple times during the time they were living together.

The lawyer appearing on behalf of the accused has called it a case of fraud.

“The applicant has been falsely implicated in the case. He is a victim of circumstances. They were in a live-in relationship. The agreement shows that both of them had agreed to be in a relationship. The agreement was made, the woman signed it. The agreement shows that both of them had agreed to be in a relationship,” said Sunil Pandey, the man’s lawyer.

The Official Agreement Between Them

According to the seven-point agreement between the two, it was decided that they will stay together from August 1 2024 to June 30, 2025.

The second clause states that during this period they will not file any case of sexual harassment against each other and will spend their time together peacefully.

The woman will live with the man at his home, says the third clause, and if she finds his behavior inappropriate, they can separate at any time after giving one month’s notice.

Relatives of the woman cannot come to her house while she is staying with him, says the fourth clause.

As per the fifth clause, the woman should not cause any harassment or mental agony to the man.

If the woman gets pregnant during this period, the man should not be held responsible, says the sixth clause.

The seventh clause states that if the harassment causes mental trauma to the man, thereby ruining his life, the woman will be held responsible.

Dehradun:

A panel framing rules for Uttarakhand’s Uniform Civil Code is trying to ensure that data provided by live-in couples remains protected but feels that information about those aged between 18 and 21 should be given to their parents, the committee’s chief said on Friday.

The UCC, passed by the Uttarakhand Assembly in February, makes registration of live-in relationships and marriages mandatory.

On Friday, the report of an expert committee constituted to draft UCC under the chairmanship of Justice (retd) Ranjana Prakash Desai was uploaded on the website www.ucc.uk.gov.in.

The five-member panel headed by Ms Desai was constituted on May 27, 2022. It received suggestions from 2.33 lakh people through 43 public dialogue programmes and various mediums. The committee submitted its report on February 2 this year.

Chairman of the UCC’s rules-making and implementation committee, Shatrughna Singh, who was also a part of the Justice (retd) Desai panel, said the report could not be made public earlier because the model code of conduct was in force.

The panel framing rules for the implementation of UCC will ensure there is no breach of privacy of data provided by people at the time of registering their marriages and live-in relationships, he said at a press conference here.

Asked whether a mandatory provision of informing the parents about a live-in couple aged between 18 and 21 years would not be an assault on their privacy, Mr Singh, who was formerly the chief secretary of Uttarakhand, said it was debatable.

“Data of live-in couples above 21 years of age will be totally protected. But, for couples aged between 18 and 21 years, the committee was of the view that the age (despite the fact that they have voting rights) is tender and so the parents should also be kept in the loop by way of precaution for the safety of the couple,” he said.

The Uniform Civil Code (UCC) Bill, passed by the Uttarakhand Assembly on February 7, became a law with President Droupadi Murmu giving her assent to it on March 11. Uttarakhand is the first state in the country after Independence to adopt such a law.

The Uniform Civil Code of Uttarakhand Act, 2024, is meant to govern and regulate the laws relating to marriage and divorce, succession, live-in relationships, inheritance and maintenance for all citizens irrespective of their religion, gender, caste, or sex. It leaves Scheduled Tribes out of its ambit.

It effectively bans polygamy and ‘halala’ practised among a section of Muslims. Marriages, though, can be solemnised through separate rituals, like saptapadi, nikah and anand karaj, followed by different communities.

Replying to another question, Mr Singh said that during the drafting committee’s field visits to take feedback from the public on the uniform civil code, about eight to 10 per cent of respondents had suggested that the issue of population control should also be covered under its ambit.

However, the committee did not include it in the report as it did not fall under its ambit. The panel also examined whether states had the jurisdiction of bringing the UCC and found there was no Constitutional hurdle in doing so, he said.

The panel also found that the UCC was not an attack on the religious freedom of any section, said Mr Singh.

He said the work of the rules-making and implementation committee of the UCC is in an advanced stage. “Coding of rules for implementation of the UCC is in progress and is likely to be completed soon.” Asked about Uttarakhand Chief Minister Pushkar Singh Dhami’s recent comments that UCC will be implemented by October this year, he said the panel has been trying its best efforts to ensure that the law is implemented within that timeline.

Apart from framing rules for the UCC, which has already become an Act, the entire system of its implementation is being computerised so that people do not have any inconvenience, Singh said.

“People can register marriages and live-in relationships sitting at their homes without going anywhere,” he said.

Just a few days after the Uttarakhand Assembly passed the UCC Bill, the nine-member committee headed by Singh was formed to frame the rules for its implementation.

Singh said the makers of India’s Constitution such as Bhimrao Ambedkar and members of the Constituent Assembly Rajkumari Amrit Kaur and Minoo Masani were in favour of a UCC.

Napoleon Bonaparte first introduced a uniform civil code in France in 1804, he said, adding such a law was introduced in the Republic of Türkiye in 1926.

“Despite being a predominantly Muslim country, it (Türkiye) talked about gender equality and banning polygamy at that time,” Mr Singh added.